Ct Moves To Liquidate Genesis' Assets; CEO Still At Large
By REBECCA BUCKMAN Dow Jones Newswires
NEW YORK -- Adding a new wrinkle to the complex legal drama surrounding Genesis International Financial Services Inc. (GIFS), a Tennessee judge has granted a state agency's request to liquidate the assets of the company and permanently bar it from conducting business.
On Thursday, the Davidson County, Tenn., judge also granted the state's request to liquidate the assets of Genesis Chairman Mohamed Khairy Mohamed Zayed II, who did not attend the hearing. Zayed was indicted by a federal grand jury on 17 criminal counts last week but hasn't been arrested because authorities don't know where he is.
Zayed, who recently told reporters he was conducting business in South America, is being sought by the Federal Bureau of Investigation and is still considered a fugitive, said Gary S. Humble, the assistant U.S. attorney bringing the criminal charges against Zayed.
The government alleges that Zayed ran an insurance scam through Genesis' main subsidiary, Congress Re-Insurance Corp. Inc. He has been charged with wire fraud, money laundering and transporting stolen property across state lines.
''We've got to find him first,'' Humble said of Zayed, who has maintained that his company ran legitimate businesses. ''We don't try people in absentia.''
A lawyer for Zayed, Paul Jennings, argued against the liquidation order and the permanent injunction in court Thursday but didn't prevail. Jennings, who isn't representing Zayed against the criminal charges handed up last week, couldn't be reached for comment.
Overall, however, Zayed's and Genesis' troubles appear to be expanding.
Humble said his office, the Tennessee Department of Commerce and Insurance, the FBI, the Internal Revenue Service and the Securities and Exchange Commission are now coordinating their investigations into the company, which some consider a cautionary tale for investors attracted to little-followed penny stocks.
The saga began in late April, when the state insurance department shut down Genesis and took over its Chattanooga, Tenn., headquarters. Regulators alleged that Congress was selling insurance and surety bonds without a license.
A later report by a state-appointed conservator said Genesis had questionable assets and almost no income other than cash generated by the sale of its stock. The company's stock was popular with investors who read about it on the Internet, although shares never traded higher than 7 1/4.
The stock has been priced at 51 cents a share since the SEC halted trading April 30 to investigate the company's assets and its planned sale of its Congress Re unit to a group of foreign investors.
Although regulators have since lifted the formal suspension, no firms have resumed making markets in the stock. Several investors who lost money investing in the company now are considering a lawsuit.
On Friday, the U.S. Attorney's Office in Chattanooga unsealed the grand jury indictment, which authorities say stems from a separate FBI and IRS probe of Genesis, Congress Re and Zayed.
That investigation is continuing, Humble said, ''and if further charges are warranted, they can be presented to the grand jury.'' |