Banco Santander SA sold Bernard Madoff investments Branch managers channeled customers with money from property sales or inheritances to private banking salespeople, lawyers for the investors said. A retired school teacher put 300,000 euros ($388,000), half her savings, in a structured product linked to Madoff, said Jordi Ruiz de Villa, an attorney at the Barcelona law firm Jausas. The vendor invested 325,000 euros of lottery winnings in a similar product and may have to return to street sales, according to lawyers at Cremades & Calvo-Sotelo in Madrid.
“The fact that someone has a sum of money in the bank doesn’t make him a suitable customer for this type of product,” said Ruiz de Villa, who’s representing about 30 account-holders with potential claims of 10 million euros, including the teacher. “Some retail clients have suffered true
personal catastrophes because of this.” He wouldn’t provide the teacher’s name. Santander, Spain’s biggest lender, may lose customers at the domestic branch network that accounts for a third of profit if it is found to have misled people who trusted their neighborhood bankers, said Peter Hahn, a fellow at Cass Business School in London. The bank, led by Chairman Emilio
Botin, has said clients have 2.33 billion euros invested with Madoff, including 320 million euros from private banking customers in Spain. “The model in Spain where customers just left it to Big
Daddy Botin to take care of things has been broken,” said Fernando Zunzunegui, a Madrid-based lawyer. He said he is taking on Madoff-related claims valued at 8.2 million euros from 20 clients who are “clearly retail.” He declined to provide detailed information about his firm’s clients.
Ruiz de Villa and Zunzunegui said they are signing up clients and reviewing the cases in preparation for filing possible lawsuits against Santander. Javier Cremades, chairman of Cremades & Calvo-Sotelo, said he’ll push for a settlement first. New York-based Bernard L. Madoff Investment Securities LLC collapsed last month after Madoff told his sons it was a $50
billion Ponzi scheme, according to a complaint filed by the U.S. Federal Bureau of Investigation. Worldwide, the victims include banks, charities and investors such as Madrid-based billionaire Alicia Koplowitz and film director Steven Spielberg. Santander, based in the Spanish city of the same name, on Dec. 14 said international private banking clients and institutional investors had 2.01 billion euros of potential losses in Madoff-related funds. The rest of the money is in
investments sold to “qualifying investors” in SpainBranch customers were sold products linked to Madoff through Santander’s Geneva-based Optimal Investment Services hedge-fund arm, said the three lawyers representing the bank’s customers. Investors were asked to sign statements that they understood what they were purchasing and met the criteria for
investing. The bank has said it won’t compensate clients who invested with Madoff because the losses involve fraud. A spokeswoman for Santander said the bank had no further comment on the matter. Selling structured products to wealthy clients has been a popular strategy in Spain and wasn’t in itself wrong, because Santander believed it would yield safe and stable returns, said Fernando Luque, an analyst at Morningstar Inc. in Madrid. “Many of these institutions like Santander are going to be protected by the documentation, but the question is how great is the business damage from all this,” Hahn of Cass Business School said.
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