Steel Partners sued for fraud
BOSTON (Reuters) - Bank of America (BAC.N) and ACF Industries have sued Steel Partners accusing the activist hedge fund committed fraud by not properly advising investors of its plans to go public, according to court documents.
Steel Partners is trying to turn its largest portfolio into a publicly traded partnership.
The lawsuit charges that the hedge fund was not in compliance with its obligations to investors as it pursued its plan to become a publicly traded partnership because it failed to give ample notice of the plan or an opportunity to vote on the proposal.
The lawsuit was filed in Delaware Chancery Court on Tuesday, and Reuters obtained a copy on Wednesday.
Bank of America, acting as master trustee for ACF Industries' employee benefits plan, charged that Steel Partners and its manager, Warren Lichtenstein, "pulled off a classic 'bait and switch' by stripping investors of what they had purchased and replacing it with something entirely different."
ACF, a manufacturer of railcars and railcar components, and, according to the documents, affiliated with billionaire investor Carl Icahn, invested $15 million in 2005 with Steel Partners Offshore Fund Ltd, which became Steel Partners II (Offshore) Ltd.
Bank of America referred calls to attorney Keith Schaitkin at Icahn Associates, who referred Reuters to the court documents.
http://www.reuters.com/article/hedgeFundsNews/idUSLNE50E01Y20090115