Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

'Maxwells were ready to sell pension shares'

The Maxwell Trial; Day 59

John Willcock Financial Correspondent
Tuesday 12 September 1995 23:02 BST
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Robert Maxwell and his son Kevin discussed a sale of pension fund shares several months before the tycoon died, the Old Bailey trial heard yesterday.

Shares in Teva and Scitex belonged to the Maxwell group's pension fund company, Bishopsgate Investment Management (BIM), and were to be sold as soon as the time was right, said Anders Bergendahl of US investment bank Merrill Lynch.

His company was to handle the sales for the Maxwells, but by the beginning of October 1991 - one month before Robert Maxwell's death - complications had arisen and it appeared to Merrill Lynch that the Maxwells were beginning to prefer Lehman Brothers to handle the sales.

Asked if Robert and Kevin Maxwell represented themselves to Merrill Lynch as the owners of the Teva and Scitex shares, Mr Bergendahl replied: "Well, let's put it this way: that they had at least the control over the ownership of the shares."

The question of the name in which the shares were registered had not arisen in his discussions with the two men. At the time of his talks that was not at issue.

He said that he had also discussed with Kevin the possibility of selling off a 20 per cent interest in Maxwell Communications Corporation for up to pounds 300m. The problem was that such a sale would take the family holding in MCC to less than 51 per cent. Kevin told him he was prepared to see the stake fall below that level but he indicated he would have to discuss the matter with his father.

Mr Jeff Highfield, formerly employed in an accountancy capacity by BIM, and who gave evidence on Monday, returned to the witness box after reading a number of documents at the request of Alun Jones, defending Kevin Maxwell.

He agreed with Mr Jones that while he was with BIM there had been a history of trade between the Maxwell companies and the pension funds. Those transactions had always been, to the best of his knowledge, fully settled by 5 April 1990.

They had also been examined as part of the audit by Coopers & Lybrand, which had accepted that the settlement had been properly effected and the assets properly transferred.

He had "drawn comfort" from the fact that it was easier to obtain information about the movement of shares if it was within the same organisation.

Kevin, his brother Ian, and former Maxwell aide Larry Trachtenberg all deny conspiracy to defraud the pension fund by misuse of its investments in Teva shares.

Kevin alone also denies conspiracy with his father over misuse of the pension funds' pounds 100m investments in Scitex.

The trial was adjourned to today.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in