Sam Wyly to Pay $198.1 Million to Settle SEC Legal Battle
October 01 2016 - 5:07PM
Dow Jones News
By Patrick Fitzgerald
Texas businessman Samuel E. Wyly agreed to a settlement with the
Securities and Exchange Commission, bringing to a close a yearslong
cat-and-mouse legal battle over hundreds of millions in assets the
securities regulator claimed the former billionaire had illegally
stashed in offshore accounts.
In papers filed Friday in U.S. District Court in New York, Mr.
Wyly agreed to pay the regulator $198.1 million. A federal judge
last year fined Mr. Wyly that amount after a jury convicted him of
securities fraud in 2014.
In return, the SEC will drop its efforts to claw back the more
than $500 million it claimed Mr. Wyly had directed to offshore
trusts in the Isle of Man. The SEC will also "provide cooperation"
and take steps "to ensure" Mr. Wyly will receive a tax credit
against his federal income tax liabilities of about $181 million,
according to court papers.
The settlement requires approval from SEC commissioners and a
federal bankruptcy judge in Dallas, where Mr. Wyly and his
brother's widow each filed for bankruptcy protection in 2014.
Representatives for the SEC and the Wylys couldn't be reached
for comment.
The SEC sued the Wyly brothers in 2010, accusing them of using a
web of trusts and other entities based in the Isle of Man and
Cayman Islands to sell large portions of shareholdings in four
companies but not disclosing those sales in filings with regulators
over a 13-year period starting in 1992. Charles Wyly died in a 2011
car accident.
Lawyers for the Wylys contended the web of trusts were set up
for appropriate tax and estate-planning purposes, and weren't under
the family's control. The lawyers denied wrongdoing by the
Wylys.
Earlier this year, a bankruptcy judge found the Wyly brothers
committed tax fraud by shielding more than $1 billion in family
wealth in offshore trusts.
Sam and Dee Wyly had sought bankruptcy protection in 2014 in a
bid to deal with the damages award for federal securities law
violations involving the trusts.
In May, a bankruptcy judge ruled Dee Wyly, who was married to
Charles for 56 years, didn't commit fraud and had no reason to know
the offshore money that was paying for lavish homes, artwork and
jewelry had been improperly hidden from U.S. tax authorities.
Not so for Mr. Wyly, 81 years old, who, with the help of his
brother and a team of lawyers, created a complex network of
offshore accounts to conceal trading profits and "amass tremendous
untaxed wealth," according to the judge's ruling.
Mr. Wyly and his family members are in talks with the Justice
Department, the Internal Revenue Service and bankruptcy creditors
over the terms of a so-called global settlement that would include
resolution of a tax bill of more than $1 billion, according to the
court papers filed Friday.
The Wyly brothers built their fortune by founding or acquiring
several companies, including business-software makers Sterling
Software Inc. and Sterling Commerce Inc., arts-and-crafts chain
Michaels Stores Inc. and insurer Scottish Re Group Ltd. Sterling
Software was later sold to CA Technologies Inc. and Sterling
Commerce to AT&T Inc., which later sold it to International
Business Machines Corp. Michaels was sold to private-equity firms
Blackstone Group and Bain Capital and went public in 2014. Cerberus
and MassMutual later took over Scottish Re.
Write to Patrick Fitzgerald at patrick.fitzgerald@wsj.com
(END) Dow Jones Newswires
October 01, 2016 16:52 ET (20:52 GMT)
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