This just posted up to the Star's web site:
Conseco Inc., trying to collect on an $84 million judgment against former chief executive Steve Hilbert, claims he has access to up to $400 million of billionaire hardware king John C. Menard Jr.'s money for an investment firm Hilbert started last year.
Conseco is suing Hilbert over the fund, MH Private Equity, because while Hilbert manages the business, all his compensation is being funneled to his wife, Tomisue, according to an amended lawsuit filed today in Hamilton Circuit Court.
Conseco, in its lawsuit, calls the ownership and compensation structure "a sham" and a fraudulent transfer of assets from Hilbert to his wife.
Hilbert owes Conseco $84 million for unpaid stock loans. And he owed that money -- according to a judgment by a Hamilton County judge -- roughly nine months before he incorporated his investment fund, Conseco claims.
Hilbert attorney Phil Fowler declined to comment on the lawsuit because he had not seen it.
Tomisue Hilbert's attorney, Linda Pence, could not be immediately reached for comment.
For Steve Hilbert's work managing MH Private Equity, the fund has committed to pay Tomisue an annual management fee of 1 percent of all assets (up to a maximum of $3 million). Tomisue Hilbert contributed $150,000 to start MH Equity Management, which is the sole manager of MH Private Equity Fund, according to Conseco's lawsuit.
Steve Hilbert is the president and chief executive of MH Private Equity, which also owns 20 percent of the fund, the lawsuit says.
The other 80 percent is owned by Menard through his company Merchant Capital, Conseco says. Menard founded the chain of Menard home improvement stores, which now has more than 200 locations and about $6 billion in sales. He's known in Indianapolis for sponsoring IndyCar racing teams.
Steve Hilbert, as president and chief executive of the fund stands to receive a salary of $300,000, which will be delayed until at least 2010 "in the mistaken hope that his litigation with Conseco and Conseco Services will be over by then," Conseco's lawsuit says.
Since it started operations about a year ago, MH Equity Partners purchased a 9 percent stake in ORBCOMM, a global satellite communications company, and bought a controlling stake in Sunshine Holdings, the maker of Australian Gold tanning products.
Hilbert, the co-founder and longtime chief of Conseco, did not repay the Carmel insurance firm more than $250 million in loans and interest he borrowed to buy Conseco stock in the late-1990s. The company's stock became worthless when it reorganized in bankruptcy in 2003.
Conseco is trying to collect on its judgment against Hilbert by winning court approval to seize assets from Tomisue Hilbert. Her attorneys have asked a judge to rule against Conseco or dismiss its case, because Tomisue Hilbert has never owed Conseco any money.
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Yes, but she made a pretty sweet household, based on hubby's earnings from Conseco.
More to come...