⚖️ Enron investors won $7.2B from banks in a record settlement
Nvidia's shareholder suit is days old and untested; Enron's $7.2B is the bar. WorldCom and Tyco payouts are unconfirmed here. ⏳
RECORDPhoto: Alex · CC BY 2.0By the numbers
- 4y 7mfrom first to latest entry on record
- 6receipts behind this story
A shareholder sued Nvidia and CEO Jensen Huang on Monday in a California court, accusing them of misleading investors in their responses to reports about Huang's relationship with a woman those reports say is suspected of working for Chinese intelligence, AP reports. The complaint, filed by retail investor Mark Kistenmacher, seeks unspecified damages and a jury trial on behalf of anyone who bought Nvidia shares from October 9 to November 8. Nvidia had not immediately responded to AP's request for comment. Huang has acknowledged the affair and apologized in an open letter posted on Nvidia's website, AP reports.
What we know
- AP reports a shareholder, Mark Kistenmacher, sued Nvidia and CEO Jensen Huang on Monday in a California court, seeking unspecified damages and class-action status; Nvidia had not immediately responded to AP.
- The San Francisco Chronicle reported on September 10, 2008 that a $7.2B Enron settlement, including $688M plus interest in attorneys' fees, was approved by U.S. District Judge Melinda Harmon in Houston.
- The University of California, Enron's lead plaintiff, said in December 2008 that the deal was the largest settlement in the history of securities class actions.
- The Times of London reported in May 2004 that an $85M award to Enron employees was covered by two insurance policies underwritten by AEGIS and FIC.
None of this has been tested in court. Earlier, AP reports, Nvidia said its compliance team had checked and found Megaspeed, the Singapore company at the center of the reports, was not doing anything illegal. The complaint says those statements were misleading. AP also reports Nvidia shares fell 4.3% on Monday, about $190B of market value. A class action turns on what a court decides, so here is the yardstick: the record payout.
The record Enron set
Enron: $7.2B from banks, approved September 2008
The San Francisco Chronicle reported that Enron shareholders and investors would split about $7 billion from financial institutions accused of taking part in the fraud. The listed settlement was $7.2B, which includes $688M plus interest in attorneys' fees, the largest fees in history in a U.S. securities fraud case, per the paper. The money went to the University of California, the lead plaintiff, and 1.5 million individuals and entities. The case grew out of a $40B suit that named Bank of America, JPMorgan Chase and Citigroup among others; Enron entered bankruptcy in December 2001 and the deal was approved in September 2008.
See the receipt (opens in a new tab)"Getting here has required a long, challenging effort, but the results for Enron investors are unprecedented."
Charles Robinson, University of California general counsel, in a UC Newsroom statement, December 2008
UC said distribution began December 19, 2008, with almost $5B of the $7B going to about 200,000 victims. It said further payments were anticipated, with timing and amounts to be determined, and that claims remained pending against other defendants, including Barclays Bank, Credit Suisse First Boston and Merrill Lynch.
Banks versus insurers
For the $7.2B, the Chronicle names financial institutions as the payers. The documents read do not split that sum by bank or show any insurer share. The insurer picture appears in Enron's separate employee retirement-plan case. The Times of London reported that former employees were awarded $85M as a partial settlement, covered by two insurance policies underwritten by AEGIS and FIC. The Houston Chronicle reported that a further $37.5M deal with Northern Trust, which neither admits nor denies the allegations, brought the total collected for employees to $264.3M.
| Case | Amount | Who paid, per reports | Timeline on record |
|---|---|---|---|
| Enron shareholder class action | $7.2B | Financial institutions accused of taking part in the fraud, including Bank of America, JPMorgan Chase and Citigroup (SF Chronicle) | Bankruptcy December 2001; settlement approved September 2008 |
| Enron employee retirement-plan case | $264.3M collected | Officers and directors ($85M, insured by AEGIS and FIC), a bankruptcy claim sold for $135M, Northern Trust ($37.5M) (Times; Houston Chronicle) | Partial award May 2004; Northern Trust deal approved July 2006 |
| WorldCom class action | Not confirmed in documents read | Not confirmed in documents read | Fraud disclosed June 2002; Ebbers convicted March 2005 (Guardian) |
| Tyco International class action | Not confirmed in documents read | Not confirmed in documents read | Not confirmed in documents read |
WorldCom and Tyco: the missing rungs
The Guardian reported that a federal jury in Manhattan found WorldCom founder Bernard Ebbers guilty of conspiracy, securities fraud and false regulatory filings in March 2005. That is a criminal verdict, not a shareholder payout. The papers read for WorldCom and Tyco International carry no class action settlement figure, so this list ranks one case and leaves the rest blank rather than guess.
MrMoney's reading, then: Enron set the bar at $7.2B and about seven years of litigation. Nvidia's suit has filed a number of zero and a name or two. If you are waiting for a payout, the record suggests patience.
Quick quiz · 3 questions
The Enron file
- Reported
University of California said it began distributing almost $5B of the $7B Enron recovery to about 200,000 investors. This story
- Ruled
Judge Melinda Harmon approved a $7.2B Enron shareholder settlement in Houston, the San Francisco Chronicle reported. This story
- Ruled
Judge Melinda Harmon gave final approval to a $37.5M Northern Trust settlement with former Enron employees. This story
- Reported
Enron employees were awarded $85M in a partial class action settlement, covered by two insurers, The Times reported. This story
On file: The Enron file · The WorldCom file
The Ledger
On the record
- A $7.2B Enron settlement was approved by Judge Melinda Harmon, per the San Francisco Chronicle, and UC called it the largest in securities class action history in 2008.
- A complaint against Nvidia and Jensen Huang was filed Monday in California, seeking unspecified damages; no court has ruled on it.
Still rumour
- Nvidia's response to the claims is not on record as of AP's report; the class has not been certified and the allegations are untested.
- WorldCom's $6.1B payout, Tyco's total and any bank-versus-insurer split of the $7.2B are not confirmed in the documents read.
That's the record. The rest is rumour. - MrMoney
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