Hi everyone,
First of all, our apologies for this late notice. We tried to incorporate additional information and the latest findings from our legal counsel, and missed the deadline to post.
Like many of you, we have also failed to get Lend East and Mr. Karan Bhatia to respond to our questions. Lend East and Mr. Karan Bhatia’s uncooperative behavior, including the continued lack of portfolio transparency, is unprecedented. We understand the severity of the situation, and have been doing our best in our capacity to help.
With respect to @Herve’s questions from last week, our current understanding is as follows:
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Question: What is Warbler’s strategy to sue Lend East?
Answer: We are waiting for further analysis from both U.S. and non-U.S. legal counsel. As soon as we have clarity on this, we will share. All possible civil and/or criminal options against Mr. Karan Bhatia, Lend East, and their respective affiliates are currently on the table.
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Question: What is your understanding of why Lend East used USD 750,000 to repay other LPs?
Answer: We do not know why. Mr. Karan Bhatia has not provided the rationale for such behavior.
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Question: Can you explain if there are specificities in the legal structure set up for Goldfinch investors that made Lend East behavior possible?
Answer: Such behavior is not permitted in the documents which you, as lender, executed with Lend East, as borrower. This was why Lend East was presented with multiple notices of default.
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What is your understanding of the actual performance of the NAV of Lend East?
Answer: We do not know the NAV of the Lend East portfolio.
Notwithstanding such conduct exhibited by Mr. Karan Bhatia with respect to portfolio transparency, we have noted that Mr. Karan Bhatia still posts to the data room. As previously mentioned, please regularly visit this data room to avoid missing critical information. Additionally, we continue to urge all affected community members to remain in close, direct communication with Lend East (legalenquiries@lendeast.com) and Mr. Karan Bhatia (karan@lendeast.com).
Separately, we have started interviewing advisory firms and consultants whom the Goldfinch Foundation may retain to oversee risk management across the entire portfolio, including but not limited to the Lend East case, going forward. Such advisor would be able to represent all Backers and Senior Pool participants and hold all currently outstanding borrowers, including Lend East, accountable for their obligations to their respective lenders. We will follow up on this community-retained advisor role shortly.
Best regards,
Warbler Labs Team