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Former FBI director to examine SemGroup

Former FBI Director Louis Freeh testifies before the Senate Judiciary Committee on counterterrorism in 1998. AP
 
By ROD WALTON World Staff Writer
Published: 10/14/2008  2:00 PM
Last Modified: 10/14/2008  5:09 PM


Complete coverage: Read all the stories and documents related to the SemGroup collapse.




Former FBI Director Louis Freeh was appointed Thursday to investigate bankrupt SemGroup LP’s failed oil trading strategies, insider transactions, alleged misuse of borrowed funds and other issues.

U.S. Bankruptcy Judge Brendan L. Shannon approved the U.S. Trustee’s request for Freeh’s appointment. The examiner has 120 days to investigate the collapsed Tulsa-based oil and asphalt firm, which filed for Chapter 11 bankruptcy July 22 in Wilmington, Del.

On Aug. 12, U.S. Trustee Roberta A. DeAngelis asked Shannon to approve a formal examination of SemGroup. The company reportedly racked up $2.4 billion in wrong positions on oil futures, while also selling business units to subsidiary SemGroup Energy Partners, which the parent company took public in July 2007.

The motion noted that many creditors are concerned about the company’s “dearth of information” and also singled out former SemGroup CEO and co-founder Tom Kivisto, who accounted for $290 million of those trading losses through Westback Holdings, his wholly owned company. Kivisto was placed on administrative leave in July.

“Appointment of an examiner to investigate these matters will shed light on these issues and produce a report that informs the court and the public whether culpable conduct occurred,” DeAngelis wrote.

The trustee’s general request, which did not name a specific examiner, was approved last month by the judge. Bank of America, agent bank for SemGroup’s $175 million “debtor in possession” emergency loan, sided with the U.S. Trustee.

Freeh, 58, was an FBI agent and assistant U.S. attorney who was named by President Clinton to head the FBI in September 1993. He headed the agency until resigning in the summer of 2001, in the months before the 9/11 terrorist attacks.

Freeh later worked as an attorney and, in 2007, started Freeh Group International, a consulting and investigation firm based in Wilmington.

By ROD WALTON World Staff Writer

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Report Comment
Harry, (10/14/2008 2:33:54 PM)
thank you for not sweeping this one under the carpet.
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O&Gtrader, ft. worth (10/14/2008 4:10:22 PM)
I think Mr. Freeh will do a good job.

Question: How many of the "laid off" folk from SemGroup are working now? Anyone know the percentage?
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notdem, muskogee (10/14/2008 7:03:19 PM)
They need to investigate the public company, SGLP. last february SGLP stated in the TW that they were selling an additional 6 million shares to buy the Semmaterials asphalt terminals, all they bought were some of the assets at the terminals. That whole operation was more smoke and mirrors than Enron, their cards just toppled over sooner than Enron. If Rithie, Carlyle- Riverstone and BOKF new of all of these shenanigans, they should get to pay also.
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O&Gtrader, ft. worth (10/15/2008 9:03:51 AM)
It is interesting that a day after the former FBI director was appointed as examiner, Blackstone announced that SemLogistics Welsh storage facility is for sale. Probably just a coincidence. Now that the examiner is onboard, all those pesky questions will start to rain down.
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runover in Htown, (10/17/2008 1:28:32 PM)
Everyone in the Houston office is being moved to work out of their home because they are moving out of the overly decorated office that Kivisto has his friend? decorate here. Surprising very few have been cut from the payroll.
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Zumaque, (10/17/2008 2:22:26 PM)
He can prosecute criminal laws, who will tell him how the shill worked. There are rumors.
Unless someone who has been an internal investigator with an "integrated" oil company gets involved they will never find the shenanegans they pulled in their purchases. To help avoid royalties for their producers were there designated "non-production" payments as part of the price made in separate checks such as "loyalty bonuses" - "A.P.I. upgrade" etc. , looks legal to a bookeeper or auditor, not to a royalty owner.
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Freedom First, Tulsa (10/17/2008 3:59:08 PM)
Zumaque, who would you recommend as an internal investigator with integrated oil company experience?
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O&Gtrader, ft. worth (10/18/2008 2:43:52 PM)
Freedom First: I know a gentleman in Colorado who is vastly experienced in financial and physical oil dealings.
He has top tier Wall Street energy trading experience and knows physical oil inside and out. He is well versed in the royalty game. I don't think that one needs specific integrated oil company experience to investigate royalty payment schemes. Of course, you could decide for yourself. As far a SemGroup goes, I think he could quickly point out any alleged errors and ommissions if presented with accurate SemGroup related documents. Or, he could point you in the right direction if he is unavailable.

He is working/consulting with some bio-fuel folk at present (last I heard anyway). See my profile for my contact information and I'll forward his name and number to you.
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Zumaque, (10/21/2008 10:54:29 AM)
Ken Peters, previous Texaco engineer now Telluride Custom Homes in Colorado.
Integrated Oil Companies try to keep personel in one discipline or another such as exploration, production, refining, transportation, sales so they do not notice the shifting of burdens or expenses for tax purposes or contractual advantage in production payment. Those that have crossed those borders have insights that effect the claims of independents who split up the components and claim rights to charge expenses due to the artificial structure created by outsourcing essential functions.
 

 
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