Jury Awards $65M to Coin Company
Wed Jul 31, 9:16 PM ET
By ERICA WERNER, Associated Press Writer
LOS ANGELES (AP) - A jury in a fraud lawsuit on Wednesday awarded a businessman $65 million in punitive damages against gubernatorial candidate Bill Simon's investment firm.
A day earlier, the Superior Court jury found William E. Simon & Sons liable for fraud and assessed $22.2 million in compensatory damages.
Simon, a Republican facing Democratic Gov. Gray Davis (
news - web sites) in the November election, started the investment firm with his brother and his father, a former U.S. Treasury secretary.The lawsuit was filed by Paul E. Hindelang, who co-founded and owns 95 percent of Pacific Coin Management. The suit alleged that Simon & Sons and other firms that invested heavily in Pacific Coin hatched a secret plan to take Pacific Coin public and in the process destroyed the company.
While offering assurances they would stick to Hindelang's slow-growth plan, the investors were planning aggressive acquisitions with the goal of pulling off a highly profitable public offering, the suit said.
Simon, who was not named in the suit and is on leave from his post as co-chairman of Simon & Sons, said Wednesday in a statement the decision "is fundamentally flawed."
"I expect the judge to set aside this judgment or it will be overturned on appeal," he said.
Simon & Sons and another investor acquired a controlling 60 percent interest in Pacific Coin in a deal consummated in 1998. The plan for an initial public offering failed and debt-ridden Pacific Coin was taken over by a bank in 2000.
In 1981, Hindelang pleaded guilty to federal drug smuggling charges and served about 30 months in prison. The Wall Street Journal reported on Hindelang's past in 1998, and Hindelang claimed investors used that article as a pretext for Pacific Coin to wrongfully remove him as chief executive.
Investors filed a federal lawsuit, later dismissed, that accused Hindelang of fraudulently concealing his past. Hindelang then sued the investors in Superior Court, and the investors filed a countersuit with the concealment allegation. The jury rejected the investors' claims.