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- Jefferies rejects
Western Alliance lawsuit over disputed $126.4 million loan
- Executives accuse
Western Alliance CEO of making false and misleading statements
- Loan linked to
financing of bankrupt auto parts supplier First Brands
- Jefferies says credit
was extended to a special purpose vehicle not the bank
- Loan structure
allegedly prevents recovery from Jefferies or affiliated entities
- Western Alliance
previously requested guarantees that were denied
- Regional bank has
reportedly recovered more than half of its lending exposure
- Jefferies also
reviewing separate exposure to Market Financial Solutions
A legal dispute between Jefferies and
Western Alliance has escalated after the investment bank publicly rejected
claims that it owes more than $126 million tied to the bankruptcy of auto parts
supplier First Brands.
In a letter sent to clients and
shareholders on Monday, Jefferies Chief Executive Rich Handler and President
Brian Friedman accused Western Alliance Chief Executive Ken Vecchione of making
“false and misleading statements” about the lawsuit filed by the Phoenix based
bank last week.
Western Alliance alleges that
Jefferies breached contractual obligations and committed fraud after refusing
to repay $126.4 million linked to financing arrangements involving First
Brands, which filed for bankruptcy in September.
However, Jefferies executives
strongly disputed those claims, arguing that Western Alliance did not extend
credit directly to the investment bank.
“Both the lawsuit and Mr. Vecchione’s
statements ignore the simple reality that Western Alliance did not extend
credit to Jefferies,” Handler and Friedman wrote in their letter.
According to Jefferies, the lending
relationship was instead structured through affiliated entities connected to
the Leucadia Asset Management Trade Finance Group.
Western Alliance began lending money
in 2021 to that group, which is affiliated with Jefferies but owned by the
Point Bonita master fund. The fund’s business involved purchasing receivables
tied to First Brands.
Jefferies executives said the loan
agreement cited in Western Alliance’s lawsuit was between the regional bank and
a special purpose vehicle that held those receivables.
That structure, they argued, makes
the loan non recourse to Jefferies itself.
“The agreement expressly precludes
Western Alliance from seeking to recover from the special purpose vehicle’s
shareholders, managers or affiliated entities,” Handler and Friedman wrote.
The executives insisted that
Jefferies has honored all of its contractual obligations and has no legal
responsibility to repay the disputed loan.
“Jefferies honors all its
obligations,” they wrote. “Jefferies has no obligation to pay off a non
recourse loan Western Alliance chose to make to a special purpose vehicle
against First Brands receivables.”
The dispute intensified after
Vecchione suggested that Jefferies may have been unable to repay the debt.
Handler and Friedman sharply rejected that claim.
“The statement that Jefferies could
not repay $126 million is false and absurd,” they wrote.
The executives also pointed out that
Western Alliance had requested additional guarantees from the Point Bonita
master fund and Jefferies shortly before First Brands filed for bankruptcy.
Those requests were denied, according
to the letter. Western Alliance nonetheless proceeded with a forbearance
agreement involving the Leucadia entities without obtaining guarantees from
Jefferies.
Handler and Friedman said the
collapse of First Brands has left many financial institutions facing losses,
including Jefferies itself.
“We are genuinely sorry that Western
Alliance has joined the ranks of the dozens of financial institutions facing
losses because of the fraud at First Brands,” the executives wrote.
They also noted that Western Alliance
has already recovered a significant portion of its exposure.
“Unlike many other investors, which
have yet to recover any of their investments in First Brands, Western Alliance
has been repaid more than half the amount it has loaned,” they said.
Western Alliance did not immediately
respond to requests for comment regarding Jefferies’ statements.
In their letter, the Jefferies
executives also addressed another potential credit exposure involving London
based mortgage lender Market Financial Solutions.
Jefferies estimates the situation
could reduce its net earnings by less than $20 million. One of its European
subsidiaries had extended a £103 million loan facility to the mortgage company,
although the executives warned that some collateral may have been pledged more
than once.
Despite that concern, Jefferies said
it has already recovered about 25 percent of the facility and believes an
additional 40 percent remains secured by valid loans.
“We are continuing to review the
remainder of the portfolio,” Handler and Friedman wrote.
As for the First Brands dispute,
Jefferies said it remains confident that any losses tied to the bankruptcy will
be manageable and will not materially affect the firm’s financial position.
“We are confident any losses or
expenses in respect of First Brands can readily be absorbed and do not threaten
our robust financial condition or business momentum,” the executives wrote.
They added that their assessment
remains unchanged despite the lawsuit filed by Western Alliance.
Jefferies said it will respond more
fully to the allegations as the legal process unfolds.