Businessman sues RBS for $184 million over alleged conspiracy

Sat Jun 11, 2016 8:09am EDT
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By Lawrence White and Andrew MacAskill

LONDON (Reuters) - The former CEO of a software company is suing RBS (RBS.L: Quote) for allegedly conspiring to push the business into administration to benefit from its sale, court filings show, in the latest case to allege misconduct by the bank's restructuring division.

Scottish businessman Neil Mitchell is seeking 128 million pounds ($184 million) in damages on claims that Royal Bank of Scotland (RBS) conspired in 2007 with co-defendants KPMG and U.S.-based fund Cerberus Capital Management [CBS.UL] to sell assets of his company, Torex Retail plc, for below their value.

Mitchell alleges RBS pushed Torex Retail into administration - a form of protection from creditors under which external managers from KPMG were brought in - in order to force its sale to Cerberus and so rid its books of a bad loan it was owed by Torex, documents filed at Britain's High Court of Justice show.

Mitchell also alleges in the court filing that RBS and Cerberus conspired secretly to ensure Torex would be sold for below its value to Cerberus.

The allegations include conspiracy by unlawful means, breach of trust and negligence.

"We have thoroughly investigated Mr Mitchell's allegations and believe them to be entirely without merit. Mr Mitchell has chosen to issue legal proceedings which will be met by a full defense," a spokeswoman for RBS said.A spokeswoman for KPMG denied it acted improperly, said Mitchell's claims had no substance and that KPMG had applied to have the case struck out.

Cerberus declined to comment.

The claims once again focus attention on RBS's Global Restructuring Group (GRG), a division being investigated by Britain's financial regulator following claims by hundreds of small businesses which say GRG mistreated them or forced them out of business.   Continued...

A logo of the Royal Bank of Scotland (RBS) is reflected in the window of a branch office in London November 1, 2013. REUTERS/Luke MacGregor