Steven Cohen
Billionaire hedge fund manager Steven Cohen settled with the
Department of Justice at least for now but his long-running divorce battle
rumbles on.
Cohen's legal motion to dismiss a fraud claim filed by
ex-wife Patricia Cohen over a soured real estate investment was denied Monday
by a federal judge in New York.
District Judge William Pauley's ruling, however, dismissed a
racketeering complaint she filed against the SAC Capital head. "Civil RICO
(Racketeer Influenced and Corrupt Organization Act) and marriage do not go
together like a horse and carriage," the judge wrote.
The case focused on allegations that Cohen misled his soon-to-be-ex-wife
about the value of an $8.7 million investment in Queens, New York cooperative
apartment conversions during the 1980s. Cohen allegedly told her the investment
was lost.
But Patricia Cohen learned after the couple's 1990 divorce
that the finance titan received a $5.5 million settlement on the investment,
and never disclosed it to her.
She accused Cohen of fraud. The couple's separation
agreement "specifically disclaimed" that Cohen made any
representation about the investment's value, Pauley wrote. But, ruling that
Patricia Cohen might have reasonably relied on the statement that the investment
was lost, the judge denied the financier's motion to dismiss that claim.
SAC Capital in November pleaded guilty to criminal
insider-trading charges in a November settlement with the Justice Department,
which included $1.2 billion in penalties and termination of its trading of
investments for outsiders.
Cohen wasn't charged in that case. But the star prosecution
witness in the continuing insider-trading trial of Mathew Martoma, a former SAC
Capital portfolio manager, testified last week that federal investigators told
him Cohen was their ultimate target.
Pauley noted that the only thing distinguishing the Cohen
family dispute from others "is the seemingly inexhaustible legal resources
that each side has brought to bear." And he threw in a final comment on
the length of the proceedings.
"This is a case to restore faith in the old-fashioned
idea that divorce is something that lasts forever," wrote Pauley, who
added that the couple's legal battles "have covered a span over twice the
length of their marriage."
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