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Singapore News
http://www.channelnewsasia.com/stories/singaporelocalnews/view/1144677/1/.html
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Textile merchant sues Citibank for losses
By Tanya Fong, TODAY | Posted: 03 August 2011 0622 hrs
Singapore's High Court
SINGAPORE:
An 88-year-old Indonesian textile merchant who had invested in shares and hedge funds has taken Citibank to court, claiming that the bank was negligent in its advice to him, causing him to lose US$17 million (S$20 million).
Mr Ie Seng Hoan, also known as Pak Ie, is accusing Citigroup's Singapore unit of negligent representation, negligence, undue influence and breach of statutory duty.
These allegations have been denied by Citibank.
In a strongly-worded opening statement in the High Court on Tuesday, Pak Ie's lawyer, Mr Koh Hai Keong, alleged that the bank knew of the Pak Ie's health problems, his lack of English literacy and "lack of financial acumen and education".
In addition, the bank "habitually" sent Pak Ie densely worded documents in English and that his "reliance and dependency were almost total" on the bank's relationship manager to inform him that his investments were safe and in good order.
The said relationship manager left for Merrill Lynch in April 2008 and the bank assigned Ms Loi Siew Keng to take over Pak Ie's investments with Citibank. These investments included engaging in leveraged foreign exchange transactions and investing in hedge funds.
Mr Koh alleged that in 2008, Pak Ie had given instructions to redeem his hedge funds in Arden Investments, FRM Diversified and the Gryphon Unit Trust where, by late June/July 2008 it would have been redeemed at US$16 million.
The monies would have been transferred to a designated account with Merrill Lynch and some of the monies to be used by Pak Ie for his personal purpose.
However, Pak Ie, who had made these investments through his private investment company Zhen Yin, claims that Citibank did not accept or follow these instructions.
Instead, it allegedly sought to persuade Pak Ie to, upon redemption of the money, to re-invest in three other hedge funds which the bank had "represented as being profitable".
Citibank, which is represented by Senior Counsel Hri Kumar from Drew & Napier, claims that Pak Ie had agreed to subscribe to the new hedge funds, tried to cancel the subscription but later retracted his decision to do so in writing.
The bank will submit evidence that Pak Ie maintained or maintains, accounts with UBS, DBS and Merrill Lynch, where he had confirmed that he is a "sophisticated investor", an "aggressive" risk taker, and was labelled by one bank as "wily trader".
It also refutes Pak Ie's allegation of "undue influence" as "hopelessly misconceived" and will seek to show that there was "no relationship of trust and confidence" between Pak Ie and Ms Loi.
In addition, the bank claims that Pak Ie had many opportunities to voice complaints to the bank's officers in the presence of his family members but never did so.
The bank contends the allegation of undue influence by Pak Ie is "plainly a desperate attempt to avoid the consequences of decisions" he had "fully and freely agreed to".
The trial before Justice Philip Pillai continues on Wednesday. - TODAY
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Singapore News
http://www.channelnewsasia.com/stories/singaporelocalnews/view/1144677/1/.html
.
Textile merchant sues Citibank for losses
By Tanya Fong, TODAY | Posted: 03 August 2011 0622 hrs
Singapore's High Court
SINGAPORE:
An 88-year-old Indonesian textile merchant who had invested in shares and hedge funds has taken Citibank to court, claiming that the bank was negligent in its advice to him, causing him to lose US$17 million (S$20 million).
Mr Ie Seng Hoan, also known as Pak Ie, is accusing Citigroup's Singapore unit of negligent representation, negligence, undue influence and breach of statutory duty.
These allegations have been denied by Citibank.
In a strongly-worded opening statement in the High Court on Tuesday, Pak Ie's lawyer, Mr Koh Hai Keong, alleged that the bank knew of the Pak Ie's health problems, his lack of English literacy and "lack of financial acumen and education".
In addition, the bank "habitually" sent Pak Ie densely worded documents in English and that his "reliance and dependency were almost total" on the bank's relationship manager to inform him that his investments were safe and in good order.
The said relationship manager left for Merrill Lynch in April 2008 and the bank assigned Ms Loi Siew Keng to take over Pak Ie's investments with Citibank. These investments included engaging in leveraged foreign exchange transactions and investing in hedge funds.
Mr Koh alleged that in 2008, Pak Ie had given instructions to redeem his hedge funds in Arden Investments, FRM Diversified and the Gryphon Unit Trust where, by late June/July 2008 it would have been redeemed at US$16 million.
The monies would have been transferred to a designated account with Merrill Lynch and some of the monies to be used by Pak Ie for his personal purpose.
However, Pak Ie, who had made these investments through his private investment company Zhen Yin, claims that Citibank did not accept or follow these instructions.
Instead, it allegedly sought to persuade Pak Ie to, upon redemption of the money, to re-invest in three other hedge funds which the bank had "represented as being profitable".
Citibank, which is represented by Senior Counsel Hri Kumar from Drew & Napier, claims that Pak Ie had agreed to subscribe to the new hedge funds, tried to cancel the subscription but later retracted his decision to do so in writing.
The bank will submit evidence that Pak Ie maintained or maintains, accounts with UBS, DBS and Merrill Lynch, where he had confirmed that he is a "sophisticated investor", an "aggressive" risk taker, and was labelled by one bank as "wily trader".
It also refutes Pak Ie's allegation of "undue influence" as "hopelessly misconceived" and will seek to show that there was "no relationship of trust and confidence" between Pak Ie and Ms Loi.
In addition, the bank claims that Pak Ie had many opportunities to voice complaints to the bank's officers in the presence of his family members but never did so.
The bank contends the allegation of undue influence by Pak Ie is "plainly a desperate attempt to avoid the consequences of decisions" he had "fully and freely agreed to".
The trial before Justice Philip Pillai continues on Wednesday. - TODAY
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