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Citigroup urges return of mistaken Revlon fee as trial ends



FILE PHOTO: The Citigroup Inc (Citi) emblem is seen on the SIBOS banking and monetary convention in Toronto, Ontario, Canada.

Citigroup Inc made a remaining push on Wednesday to influence a federal choose to pressure lenders of Revlon Inc to return half a billion {dollars} of its personal cash that it mistakenly despatched them.

On the conclusion of a six-day non-jury trial, U.S. District Decide Jesse Furman in Manhattan mentioned he would rule as shortly as he might, whereas admitting “it’s not the best case.”

The case stemmed from an Aug. 11 blunder the place Citigroup, performing as Revlon’s mortgage agent, wired $893 million to Revlon lenders, which the struggling cosmetics firm managed by billionaire Ronald Perelman didn’t owe till 2023, fairly than a $7.8 million curiosity fee.

Ten asset managers together with Brigade Capital Administration, HPS Funding Companions and Symphony Asset Administration have refused to return $501 million.

Furman mentioned he plans to contemplate their considering instantly after being paid, as he decides whether or not there was a “discharge for worth.”

Such a discharge permits collectors who’re owed cash to maintain sums they’re mistakenly wired if they’re unaware of a mistake.

“You would possibly anticipate some kind of chat or e mail like, ‘Whoa, are you able to consider it, they will need to have completely tousled,’” Furman mentioned.

Citigroup, the executive agent for the 2016 mortgage, blamed human error for the overpayment.

It mentioned the lenders ought to return its cash as a result of they knew it was despatched in error and Revlon couldn’t afford it.

“The query is, what would have an affordable individual achieved underneath the circumstances,” Citigroup’s lawyer Christopher Houpt mentioned. Revlon’s lenders acted “as if there was no compensation,” he mentioned.

In distinction, the defendants mentioned that they had no purpose to consider Citigroup blundered.

“The state of affairs right here is the precise payout of excellent principal with accrued curiosity by way of that date,” their lawyer Adam Abensohn mentioned. “That’s fairly totally different from hitting ‘ship’ twice on the identical curiosity fee.”

Furman urged the monetary companies business and regulators to undertake procedures to handle comparable conditions.

“The business ought to determine a greater means of coping with these items, even when this can be a black swan occasion,” he mentioned.

The case is In re: Citibank August 11, 2020 Wire Transfers, U.S. District Court docket, Southern District of New York, No. 20-06539.

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