Case File
efta-efta00985057DOJ Data Set 9OtherFrom: Richard Joslin
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DOJ Data Set 9
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efta-efta00985057
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From: Richard Joslin
To: Jeffrey Epstein <[email protected]>
Subject: RE: Sun Capital
Date: Tue, 11 Mar 2014 18:00:51 +0000
DRB is out of pocket. Peggy is looking for someone to get signed for her. I will ask Melanie the timing for LDB
From: Jeffrey Epstein [mailto:[email protected]]
Sent: Tuesday, March 11, 2014 1:58 PM
To: Richard Joslin
Subject: Re: Sun Capital
poas?
On Tue, Mar 11, 2014 at 12:57 PM, Richard Joslin <
> wrote:
A win for the PBGC. And no implication regarding the tax spillover, ie PE funds engaged in the business of
promoter/dealer.
capital-pension-liability-case?newsletter=altematives-
digest&issue=20140304&ifim source=Newsletters&utm medium—email&Ittm campaign
es+Digest#
Supreme Court declines to intervene in Sun Capital pension liability case
By Hazel Bradford
I March 4, 2014 4:22 pm I Updated 9:09 am
Altemativ
The Supreme Court declined on Monday to intervene in a case challenging whether private equity firms could
be liable for pension liabilities of portfolio companies.
Private equity firm Sun Capital Partners wanted the high court to overturn a July 24 ruling by the 1st U.S.
Circuit Court of Appeals in Boston that two of its funds were actively engaged as a trade or business in a now-
bankrupt portfolio company, Scott Brass Inc., which owes $4.5 million in withdrawal liability to the New
England Teamsters & Trucking Industry Pension Fund. The appellate court decision overturned a 2012 ruling
from a U.S. District Court in Massachusetts that the funds were merely passive investors. The lower court still
has to rule on ownership issues.
Sun Capital's bid to have the Supreme Court resolve the issue was supported by the Private Equity Growth
Capital Council in Washington, which filed an amicus brief saying the case has "the potential to effect a major
shift in liabilities" for private equity funds whose portfolio companies have pension shortfalls. The PEGCC
brief cited a Credit Suisse study of multiemployer pension plans estimating $369 billion in underfunding,
arguing the potential for additional liability "is virtually guaranteed to sow confusion."
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