To: wonk who wrote (629 ) 6/10/1998 1:17:00 AM From: Sir Auric Goldfinger Respond to of 3383
Carefull TRAV:Judge Approves $55 Million Claim On Brennan Estate Over Hibbard BY PAUL BECKETT Staff Reporter of THE WALL STREET JOURNAL A federal bankruptcy judge in Trenton, N.J., approved a $55 million claim against the estate of Robert E. Brennan to settle an investor class action concerning the financier's alleged involvement in now-defunct securities firm Hibbard Brown & Co. The settlement gives the investors the second-largest claim against Mr. Brennan's bankruptcy estate after a $75 million judgment imposed on him and his brokerage firm, First Jersey Securities Inc., by a federal judge in June 1995. That judgment stemmed from a Securities and Exchange Commission case brought against Mr. Brennan and First Jersey in 1985, alleging that they defrauded customers in the early to mid-1980s. First Jersey closed in 1987. Mr. Brennan filed for Chapter 11 bankruptcy-law protection in August 1995. The settlement, approved Monday, also partially resolves a parallel action brought against Mr. Brennan by New Jersey securities regulators concerning his alleged secret control of Hibbard Brown and another securities firm, L.C. Wegard & Co. The settlement precludes state regulators from seeking disgorgement of improper profits from Mr. Brennan's estate. But they continue to seek civil monetary penalties and an injunction against Mr. Brennan personally,according to state officials. A trial is scheduled to begin in September. The class action was brought on behalf of about 60,000 former customers of Hibbard Brown, said Jeffrey W. Herrmann, partner in Cohn, Lifland, Pearlman, Herrmann & Knopf of Saddlebrook, N.J., who represented the investors. They alleged that Mr. Brennan controlled the public offerings of seven securities that were sold through Hibbard Brown at allegedly inflated prices, he said. The investors allegedly lost about $150 million, Mr. Herrmann said. But the value of Mr. Brennan's bankruptcy estate is expected to fall far short of the total of approximately $140 million in claims against it, so the investors may ultimately receive only about one quarter of the $55 million settlement amount, he said. The settlement was entered into by the investors and Donald Conway, a Princeton, N.J., accountant and court-appointed trustee who now controls Mr. Brennan's bankruptcy estate. Mr. Brennan had opposed the settlement. Neither Mr. Brennan nor his lawyers could be reached for comment. The settlement must now be approved by U.S. District Chief Judge Anne Thompson in Trenton. The investors" class action was brought before her in 1993, but the settlement first needed the approval of the bankruptcy judge, Kathryn Ferguson, who is overseeing Mr. Brennan's bankruptcy proceeding.