US Attorney – Allegedly Fraudulent $14 Billion Tender Offer Sees Dual Citizen Charged

“Fraudsters talk big and hope no one looks too closely at the bottom line,” says US Attorney

 

Melville ten Cate Orchestrated Tender Offer Fraud and Other Related Fraud Schemes

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Damian Williams, the United States Attorney for the Southern District of New York, and Ricky J. Patel, the Acting Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced the unsealing of an Indictment charging MELVILLE TEN CATE with tender offer fraud, securities fraud, and wire fraud in connection with several schemes on behalf of his company, Xcalibur Aerospace Ltd. (“Xcalibur”), including a fraudulent tender offer worth more than $14 billion.  TEN CATE remains at large.

U.S. Attorney Damian Williams said: “Fraudsters talk big and hope no one looks too closely at the bottom line. We allege Mr. ten Cate attempted to make his company look profitable and bluffed his way through the proposed purchased of a multi-billion dollar company. But it was all based on a lie. Instead of collecting on a hefty payday, he’s now facing series federal charges.”

HSI Acting Special Agent-in-Charge Ricky J. Patel said: “The filing of this indictment alleges that ten Cate sold lies to raise cash – swindling investors and companies along the way through multiple fraud schemes. Time and time again this fraudster believed he could outsmart unwitting pools of investors, luring them with phony stock tenders and a variety of false promises.  Justice caught up with him and he is now facing charges for his criminal acts.  HSI will never stop in its mission to pursue these unscrupulous actors anywhere in the world to keep the public safe and to preserve and protect the American financial system.”

According to the allegations contained in the Indictment filed today in Manhattan federal court:

From in or about August 2019 until in or about November 2020, MELVILLE TEN CATE, the defendant, executed fraudulent schemes designed to induce others to invest in, or otherwise transfer money to, Xcalibur and TEN CATE.  First, TEN CATE attempted to secure $500 million in debt financing from U.S. banks and third-party debt issuers. In doing so, TEN CATE materially misrepresented Xcalibur’s business activities and finances to the banks and other potential investors, including by falsely claiming that Xcalibur’s financial records had been audited by an international accounting firm, that Xcalibur had outside investors, and that Xcalibur had cash reserves of almost £9.8 billion.

In a second scheme, in and about November 2020, TEN CATE placed an advertisement in a national newspaper (the “Newspaper”) in which he falsely claimed that Xcalibur had secured billions of dollars in financing and was making a tender offer to acquire a multibillion-dollar U.S. corporation (the “Target Company”).  In furtherance of his scheme to issue the false tender offer for the Target Company, TEN CATE sent fabricated payment confirmations to the Newspaper and to a New York, New York-based printer (the “Printer”) that TEN CATE had hired to file the false tender offer with the U.S. Securities and Exchange Commission (“SEC”).  The Newspaper published the false tender offer, but neither the Newspaper nor the Printer ever received payment and TEN CATE never completed the tender offer.

*                *                *

TEN CATE, 53, of Dubai, United Arab Emirates, is charged with one count of tender offer fraud, one count of securities fraud, and two counts of wire fraud.  TEN CATE faces a maximum sentence of 20 years’ imprisonment on each count.

The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of a defendant will be determined by the judge.

Mr. Williams praised the investigative work of HSI.  Mr. Williams also thanked the Securities & Exchange Commission, which brought a related civil action against TEN CATE that was filed today.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force.  Assistant U.S. Attorneys Kiersten A. Fletcher and Andrew Jones are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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New Partners At Tompkins Wake

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Leading law firm Tompkins Wake is pleased to announce the appointment of three new partners: Daniel Erickson, Wayne Hofer (pictured) and Karina McLuskie.

Daniel joins the Auckland office of Tompkins Wake from the firm he helped establish, Douglas Erickson. For Daniel the switch to Tompkins Wake was the right career move at the right time.

“In my own firm, I was having to deal with admin and the daily tasks of running a business. What I wanted was freedom to take my skills and practice to the next level. For that, I needed the broader expertise of a wider team. Tompkins Wake is a perfect fit. Everyone knows they’re a firm on the rise.”

Wayne Hofer’s ascension to partnership is the culmination of years of successful financial litigation at the highest level. From complex, high-profile cases in Auckland, Wayne’s talent for litigation earned him a place in the top-tier law firms in London before joining Tompkins Wake in 2020.

“In the UK, I was dealing with massive litigations. At that scale, everything is complex: the factual and legal density requires an attention to detail that is almost unreal. I worked with the best lawyers and barristers at the top of their game. I learned a lot during those years.

“As much as I enjoyed my time overseas, I’m glad to be back and close to family. And I’m extremely proud to be a partner here at Tompkins Wake.”

Karina McLuskie is the ultimate example of growing talent from within. Having joined Tompkins Wake straight from university, Karina’s talent has seen her steadily rise through the ranks. Attaining partnership is the culmination of 13 years of recognised excellence.

“The reason I’ve stayed so long is because of Mark Hammond, my supervising partner. Even as a junior, he gave me autonomy and trusted me to take responsibility for the matters I was working on. That’s not always the case in law firms. A lot of seniors refuse to hand over responsibility to the grads. Mark was the opposite. He trusted me and supported me when I needed it. All the seniors at Tompkins Wake do the same. I think that’s why our firm always has the talent to excel.”

Tompkins Wake CEO Jon Calder is delighted to have all three join the partnership team.

“Tompkins Wake turns 100 years old in 2022. The main reason we’re at that milestone is because we’ve had an enduring succession of exceptional people. Clients trust us because of that excellence, and Daniel, Wayne and Karina are part of that succession.

“We recognise their quality and that they’re the right people to join the partnership and help lead Tompkins Wake into future success. We’re privileged to have three individuals of their calibre as new partners.”

With three new partners on board, Tompkins Wake now has 28 partners across four offices in Auckland, Hamilton, Rotorua and Tauranga with many working across several offices. In Jon’s mind, this expansion is driven by the success achieved for their clients.

“Clients come to Tompkins Wake because they trust us and they know we’ll get them results. And they stay with us for the same reason. These strong client relationships are a big reason why Tompkins Wake was once again named ‘Leading Firm’ by The Legal 500 Asia Pacific in 2022.

“For us, that’s not merely an award to hang on the wall. It’s recognition that we have great people at every level and in every role in the firm, working together to excel for our clients who put their trust in us on the matters most important to them. That’s why we’re in the practice of law.”

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