The case involved former Wayzata fraudster Tom Petters, who was convicted and sentenced to 50 years in prison for fraud using accounts held at M&I Bank, which was acquired in 2011 by BMO Harris Bank. In November 2022, a Minnesota jury found that BMO aided and abetted breaches of fiduciary duty by Petters and his cohorts in using an M&I checking account to launder nearly $74 billion in Ponzi scheme proceeds between 2002 and 2008. The jury awarded approximately $564 million in damages to Kelley in his capacity as trustee for the BMO Litigation Trust.
In June 2023, a federal judge in St. Paul ordered BMO Harris Bank to pay pre- and post-judgment interest on the verdict, bringing the award and BMO’s total liability to over $1 billion.
The Robins Kaplan trial team was led by Michael Collyard and included David Marder, Peter Ihrig, Steve Safranski, Randy Tietjen, Michael Reif, and Morgia Holmes.
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