Axiom Legal Financing Fund - CIMA takes a stance

The various stakeholders caught up in the Axiom Legal Financing Fund fiasco show no signs of agreeing a route forward any time soon, but last week saw the Cayman Islands Monetary Authority (“CIMA”) taking a visible role for the first time.

The Fund’s directors believe that the fund should be put into receivership, and would prefer KPMG to carry out that function.

These plans are opposed by Tangerine Investment Management (“TIM”) - the company which was sacked as the fund’s manager last year, following serious allegations of mismanagement and possible fraud – who do not want the fund to be wound up at all, but to be allowed to trade out of its present difficulties. 

The beleaguered investors (or at least some of them) are believed to have been convinced by the directors that receivership is the most appropriate course, but disagree as to who should conduct the receivership, favouring Grant Thornton over KMPG due to perceived conflicts of interest relating to KPMG.

Taylor Moor, who promoted that fund, have vocally lobbied for it being liquidated rather than being put into receivership, in the belief that a liquidator will have greater flexibility and will be better placed to investigate what has gone wrong with the fund to bring it to such a sorry current state, but agree with the other investors that Grant Thornton are best placed to take the role.

In the meantime, City Equities Limited (“CEL”), an FSA regulated company who has no official standing in the situation at all, is calling on the fund’s investors not to wind up the fund, but instead to allow CEL to take over its investment management function, in the belief that it can make a success of the business.  An optimistic view in the circumstances one might think, but they are reported to be offering to pull off this feat of management brilliance by charging significantly lower fees than the fund was hitherto bearing. But the plot thickens further.  CEL is reported to be owned by BVI company Otterswick Limited, which also owns TIM, and both companies are represented by BVI law firm, Forbes Hare.  Although the beneficial ownership of the companies involved is not a matter of public record, it is hard to avoid the conclusion that they are all owned by the same individual(s) – in all probability Tim Schools, who is himself facing investigation by the Solicitors Regulation Authority in the UK. 

After months of public silence on the matter from CIMA, the Cayman regulator has finally put its head above the parapet and taken a stance in the sorry saga, saying that it will oppose CEL’s bid to take over management of the fund because of the perceived conflict of interest, but that it has no objection to the appointment of Grant Thornton as receiver.  It is difficult to see how CIMA could possibly support CEL’s bid in the circumstances.

The hearing of the application took place on 31 January 2013 and 1 February 2013, but the judge has reserved judgment for the time being and so investors will have to wait a little longer before they learn the outcome of their fund’s future.