Trial Over Mistaken Citigroup Payment Focuses on Revlon Lenders’ Knowledge
At the conclusion of a six-day trial over a mistaken $900 million payment by Citigroup Inc. to lenders of Revlon Inc., a federal judge and lawyers on the case focused on what the recipients knew or suspected soon after they were paid, WSJ Pro Bankruptcy reported. The lawsuit filed by Citi against several hedge-fund managers to recover money from the erroneous August payment ended yesterday with no decision from Judge Jesse Furman of the U.S. District Court in New York. Emails and witness testimony from some lenders who decided to keep their share of the $900 million show they questioned whether it might have been a mistake. “Can you point me to anything in evidence before 2:28 p.m. on Aug. 12 that anyone on the recipient’s side thought there was a mistake,” Judge Furman asked Citi’s lawyers, referring to the time and date Citi sent recall notices to lenders asking them to return the funds. Christopher Houpt, a lawyer for Citi, pointed to an email from Allstate Investment Management Co. portfolio manager Catherine McCoy to colleagues in the firm’s operations department in which she wrote: “So strange — could this be a mistake?” In court papers, however, McCoy maintained that in the email her reference to a mistake was to possible internal errors in recording the payment, rather than an error by Citi. Some lenders first learned about the erroneous payment only after their firms received a recall notice from Citi, but Judge Furman focused the questioning on those who became aware of the payment before getting the recall notice.
