A Tale of Two 'Citis'; A Joint Venture or a Limited Liability Company?
28 Febrero 2005 - 7:05AM
PR Newswire (US)
A Tale of Two 'Citis'; A Joint Venture or a Limited Liability
Company? HOLMDEL, N.J., Feb. 28 /PRNewswire/ -- Nine million
corporate, government, health care, educational, not-for-profit and
Taft-Hartley workers, have $200 billion in retirement funds
entrusted to the self proclaimed joint venture called 'CitiStreet'.
However, the purported 50/50 State Street and Citigroup joint
venture, is merely a Delaware Limited Liability Company, according
to CitiStreet LLC's, President and board member, Robert Dughi. The
issue arose in Brooklyn federal court. On January 5, 2005, Dughi
testified, though at times conflicted, that the 'CitiStreet' joint
venture is really CitiStreet, LLC. Attorneys for Citigroup, Inc.,
and State Street Corp, have insisted that "CitiStreet is not and
never has been a legal entity." Plaintiff disagreed. The court
found that Dughi's testimony, regarding CitiStreet being a Limited
Liability Company, and not a joint venture, was credible enough for
the Citigroup and State Street attorneys to rely upon, in denying
the existence of the 'CitiStreet' joint venture to the court.
Plaintiff is appealing. Press releases on CitiStreet's website,
http://www.citistreetonline.com/ , state: "CitiStreet is a 50/50
joint venture between State Street Corp., (NYSE: STT) and Citigroup
(NYSE:C)." Federal filings reveal 'CitiStreet' received commissions
from Travelers, for sales at Brooklyn's Lutheran Medical Center
(LMC). LMC, had previously asserted to the court that 'CitiStreet'
was a joint venture. On January 13, 2005 'CitiStreet' announced
Dughi's retirement as President of 'CitiStreet', stating
'CitiStreet' was "the joint venture between Citigroup and State
Street formed in 2000." On February 15, 2005, 'CitiStreet'
announced that Dughi's boss, 'CitiStreet' Chairman and CEO, James
Phalen, a former State Street Corporation executive, was also being
replaced. Both Dughi and Phalen had been with 'CitiStreet' from its
inception. About LoPresti v. Citigroup et al, Docket Number
02-cv-6492 (SJ)(VVP). Carmine A. LoPresti is plaintiff, in an
ERISA, RICO and Antitrust case. The above entities are among the
co-defendants. The action arises from LoPresti's ouster as an
annuity salesperson at LMC, after LMC gave 'Citistreet' exclusive
rights to sell its retirement products to LMC employees. After 25
years at LMC, LMC denied LoPresti access to the hospital premises,
and the 700 LMC employees placing elective salary reductions into
403(b) annuities that LoPresti sold and serviced. The case is
pending in U.S. District Court, Eastern District of N.Y. LoPresti's
website at http://www.carminelopresti.com/ contains some case
filings, and the transcript of the January 5, 2005 hearing.
DATASOURCE: Carmine A. LoPresti CONTACT: Carmine A. LoPresti,
+1-732-739-6217 Web site: http://www.carminelopresti.com/
http://www.citistreetonline.com/
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