http://www.neteller-group.com/press/en/124.htm
8 February 2007 - NETELLER Plc (LSE: NLR), the leading global
independent online money transfer business, today issued the following
update with regard to its US business and criminal charges against two
of its founders.
On 19 January 2007, at the request of the Group, the Group’s legal
advisers met with representatives of the United States Attorney’s Office
for the Southern District of New York (“USAO”) to clarify the Group’s
position with respect to the complaints brought on 16 January 2007
against two of the Group’s founders, Mr. Stephen Lawrence and Mr. John
Lefebvre. Neither are current employees or directors of NETELLER. In
that meeting, the Group pledged to cooperate with the USAO, indicated it
was prepared to begin document production promptly and discussed a
potential mechanism for arranging an orderly repayment of funds to US
customers.
The discussions between the Group’s legal advisers and the USAO are
ongoing. The Group is, under advice of its legal advisers, commencing
production of documents and intends to cooperate with the USAO in its
investigation.
Following upon the complaints dated 16 January 2007, banks in the US
began declining to permit transactions involving the Group through
accounts maintained at one or more automated clearinghouses in the
United States. Additionally, the Group has been advised that the USAO
has obtained court-ordered seizure warrants seizing funds pertaining to
the Group’s transactions. To the best of the Group’s knowledge, it
believes that the amount of funds seized by the USAO or otherwise
restricted by third parties does not exceed US$ 55 million. These funds
were largely in the process of being transferred from the Group to its
US customers or vice versa.
As a result of the restrictions placed by third parties, court-ordered
seizures, and related legal concerns, the Group is currently unable to
make payments to US customers. Nevertheless, the Group is in discussions
with the USAO to manage an orderly return of funds to US customers. As
part of these discussions, it is contemplated that the USAO will engage
a forensic accounting firm, at the Group’s expense, to assist in this
process and to examine the Group’s financial position. “The return of
funds to our US customers is a top priority for NETELLER” said Ron
Martin, Group President and CEO. US customers wishing to withdraw funds
from their NETELLER e-wallet accounts will experience ongoing delays
while these discussions continue, and a further update will be provided
by the Group once effective repayment mechanisms are determined.
To the Group’s knowledge, no criminal action or proceeding has been
brought against the Group, its current officers or directors by the
USAO. Nevertheless, there can be no assurance that the Group will not be
charged in a criminal action at some subsequent time. The Group intends
to work with the USAO to seek a negotiated resolution of any allegations
relating to its US activities. Any resolution of this matter may lead to
potential sanctions against the Group including material financial
penalties, fines and forfeitures.
It is emphasized that in line with the Group’s standard business
practices for all customers, funds held by the Group for US customers
are held in segregated trust accounts. The Group’s own cash position
remains strong and the Group currently has sufficient working capital to
fund all its customers’ balances as well as ongoing requirements of the
business.
NETELLER remains committed to developing its business in line with its
stated strategic objectives including geographical and product
diversification for all markets. The Group will focus on its continuing
business and the opportunities available in the growing markets of
Europe, Asia and the Americas outside of the United States. Since the
Group’s withdrawal from the US market on 18 January 2007, average daily
new account sign-ups of new customers from non-US markets has been
around 1,400. This compares to average daily sign ups of 3,303 for the
year to 31 December 2006. Daily fee revenue since 18 January 2007 has
averaged over US$ 200,000 per day (excluding any revenues from Netbanx,
1-Pay and interest income). These metrics demonstrate the resilience of
the Group's ongoing business. NETELLER customers not resident in the US
continue to be minimally affected by this withdrawal from the US market.
In view of the continuing uncertainty, the Group's shares will continue to be suspended from trading on AIM for the time being. Further announcements will be made as appropriate.