Sears sues former CEO Edward Lampert, claiming he stripped $2B in assets as it headed to bankruptcy
Source: Chicago Tribune
Sears Holdings Corp. has filed a lawsuit against its former chairman and CEO, Edward Lampert, and his hedge fund, claiming they wrongly siphoned $2 billion in assets from the company as it headed for bankruptcy.
Had defendants not taken these illegal and improper actions, Sears would have had billions of dollars more to pay its third-party creditors today and would not have endured the amount of disruption, expense, and job losses resulting from its recent bankruptcy filing, lawyers for company wrote in a court filing.
The lawsuit was filed by the team winding down what remains of Sears business after Lampert purchased the majority of its remaining assets in a bankruptcy auction earlier this year. The complaint, filed in the U.S. Bankruptcy Court in New York Wednesday, seeks to recover the property that was allegedly fraudulently transferred.
The lawsuit also names former Sears directors and ESL executives and directors including U.S. Treasury Secretary Steven Mnuchin, a former investor and executive at ESL, and Kunal Kamlani, president of ESL and a former Sears director, as defendants, as well as Sears shareholder Fairholme Capital Management and its founder Bruce Berkowitz.
Read more: https://www.chicagotribune.com/business/ct-biz-sears-sues-lampert-esl-bankruptcy-20190418-story.html
Power 2 the People
(2,437 posts)keithbvadu2
(36,818 posts)Also a specialty of Mitt Romney.
SharonAnn
(13,776 posts)It's their business model.
Take extremely large management fees
Sell many assets
Take on debt ($ diverted to their pocket, not to the company)
Lay off workers
Reduce pay and benefits
Sell the rest of the assets
Let it fail
Walk away
onethatcares
(16,169 posts)they never have enough so they destroy others' lives and I don't think it's going to get better soon.
SunSeeker
(51,564 posts)Aristus
(66,380 posts)The next time some smirking asshole with an MBA comes to them agreeing to act as CEO, and says: "You're going to pay me X-multi-millions of dollars when I leave, even if I fail in the objectives for which you hired me", they're going to sign that contract, just like they always do.
They'll never understand why a prospective CEO negotiates his golden parachute first, before agreeing to anything else...
SharonAnn
(13,776 posts)Employees dont get a fully funded pension plan and they may lose theirs. But not the CEO and other top management. Theirs is special.
LiberalFighter
(50,942 posts)Crowman2009
(2,497 posts)TexasBushwhacker
(20,192 posts)Otherwise most CEOs and hedge funders will be paying around 20%, just like they do now. That's the big scam. IMHO, ANY long term capital gains and carried interest over $500K should be taxed like wages and subject to Medicare and Social Security taxes too.