In 2010 Lew Geffen was dragged to Court when he tried to sell his auction company, Savile Row to Rael Levitt’s Auction Alliance Company.

Geffen’s partner’s in Savile Row took the matter to the High Court. Here is a synponsis of the case.

Lew Geffen

Rael Levitt

 

 

 

In the High Court matter between Geffen/Akoojee and Savile Row in 2010, Geffen contrived a scheme to sell Savile Row Auctions to the Alliance Group, without the approval of the Savile Row directors and shareholders.

Geffen had told Auction Alliance he could quickly get rid of the Savile Row MD and simultaneously withdraw his financial guarantees “so that the business will collapse in weeks”

Geffen promised Alliance a comprehensive due dilligence into the Savile’s affairs without any of Savile’s shareholders and directors knnowing about it. The court ordered that the due dilligence be halted and that Geffen and Auction Alliance be prevented from using any confidential information.

Stephen Thomson, Geffen’s trusted Attorney, contrived court papers in a manner, which were frequently unsubstantiated. By way of example, in the extract from the court papers in the aforementioned case, the opposing party revealed in their replying affidavit how Thomson, on behalf of Geffen, “made allegation that are unsubstantiated and unfounded without providing a shred of evidence, in a vindictive campaign, using sworn affidavits in support of their unsubstantiated allegations”

Geffen, via Thomson too uses the “urgency” aspect of a High Court application to expedite his cause, introducing elements that are aimed to convince the Judge that Geffen is a  victim of an urgent gross injustice, whereas in fact Geffen is frequently the real perpetrators.

The extract below from the court papers, summarised Thompson’s tactics succinctly:

“It is further submitted that clear and undoubted proof of the applicants’ (Lew Geffen and Akoojee) scurrilous, false and unsubstantiated allegations is the applicants’ reckless behaviour in bringing an application where:

•    they know evidence to be false;

•    they know certain allegations to be without any justification or substantiation; and

•    they ought to have foreseen a real dispute of fact.”

Neither Geffen nor Thomson have no morals or ethics when it comes to doing battle, and Thomson will draft affidavits for his clients without regard to substantiated facts or evidence and frequently entices his clients to make statements that are clearly false. Rouge clients and attorney exist in every walk of life; Thomson though pushes the boundaries further than most.

The following court statements, made in defence of the trumped up charges, in the same case cited above, substantiate the above:

• Geffen’s behaviour was unacceptable and disgraceful; to such an extent that it caused the gradual corrosion of the relationship, trust and goodwill between all the parties at Savile Row. Geffen’s treachery was the symbolic ‘straw’ that broke the camel’s back, and resulted in the respondents (and others) concluding that a continued relationship and association with Geffen was unsustainable, and would be tantamount to professional suicide;
• Geffen’s conduct was so deplorable and unacceptable to the respondents, that internal steps were taken against Geffen, including his retraction “from operational issues” and to act only as non executive chairman and director
• Another facet of Geffen’s cleverly laid out plans to collapse Holdings and Savile Row, became evident in April 2010, when Geffen sought to effect the departure of the CEO of Savile Row, Townes. Clearly, if Geffen could get his hands on this shareholding, he would be able to control the group of companies (with the help of “his accountant”, Bloch), and answer to no-one. This was ultimately prevented from happening.
• Geffen’s June 2010 offensive communication to staff: Geffen has sent, on a number of occasions, demoralising, insulting, offensive and inappropriate communications to members of staff within Savile Row, purely with the objective of demoralising them, and destabilising the business.
• Geffen’s September 2010 approaches to competitors: Geffen’s campaign to collapse and bring down Savile Row continued, when he approached competitors in the auction industry, with a view to establishing a new auction business. Geffen’s intent was to set up his own, new competing interest, to the detriment of Savile Row (the same company he now professes to “protect”).
• The harm caused by Geffen’s conduct: the constant fighting of internal battles within Savile Row, which battles were fomented by Geffen in his effort to destabilise the business, was another factor that significantly affected the respondents’ abilities to focus their efforts and attentions solely on rendering efficient and profitable service to Savile Row and their clients.

Thomson, frequently undermines the integrity of his opposition, labelling them dishonourable, unethical, scum, pests and the like, and if he does not get his way, he threatens them with various charges, High Court injunctions, contempt of court and the like. This pattern repeats itself time and time again.

Overview:Lew Geffen Scandas

NOVEMBER 06, 2011

Lew Geffen is a traditional street fighter, and anyone crossing his path had better watch out or be well armed. He learnt the ropes of the real estate industry whilst working for his mother Aida Geffen; after six years and a long conflicting relationship he started Lew Geffen Estates. Geffen ended up competing with his mother for nearly twenty years from the early 80s.

During this time there were several battles between mother and son. Lew Geffen was witnessed throwing chairs across the office when he found out that his mother had beaten him on a deal or had out manoeuvred him yet again, often such acts were done publically which only served to further add fuel to fire, making him more determined and vengeful.

Lew Geffen started the Sotheby’s franchise in 2003 in Johannesburg, later expanding to the Western Cape; these early franchisees started flourishing under the management of Rod and Ron Hemphill, in later years other franchisees were created in other parts of SA.

It was not long after the success of some of the franchise operations, that Lew Geffen started engaging in battle with his operators. After identifying a successful operator, he would breach the franchisee on some trumped up charge, often unsubstantiated, simultaneously seizing the franchise, its entire revenue stream, its shop and agents. The franchisee unarmed, and more often than not, not having sufficient resources to fight a minimum court battle of R500,000, was forced to walk away. Lew Geffen, having seized the franchise and staff, then preceded to sell the franchise to a new operator for a handsome profit often making a quick 2 million Rand profit. Alternatively, he would wait for a struggling franchise to close shop and then sell the franchise to a new operator, often retaining the previous operator’s goodwill, staff and premises.

Street fighting tactics and the lives it has affected

2005: The Somerset franchise operator is forced out by Geffen due to a personality clash; Hemphill’s take over the franchise.

2006: Henk and Susanne ran a successful Blouberg franchise; they were forced out by Lew Geffen simply because he did not like them.

June: 2008: Jackie Cameron, (KZN) fights Geffen’s hostile takeover and manages to sell to Julie Solomon after a court battle.

June 11, 2008 Maurice Levin - the Lew Geffen Sotheby’s public relations manager, was dismissed after he passed on information that Geffen told him to distribute to the press saying “property prices were set to drop by 40 percent by the end of this year from last year's highs”. Levin took Geffen to court, winning his case with an out of court settlement.

2009: Julie Solomon from KZN succumbs to a Geffen hostile franchise take over.

April 2010 Geffen accuses (Atlantic Sea Board) franchisee of not employing enough Jewish Agents, Geffen cites Jankowitz as a problem (did Hitler not say the same thing about the Jews?) Geffen starts a public assault on the Atlantic Sea Board franchise, lasting 18 months.

May 2010: Savile Row Scandal – Lew Geffen attempts to sell Savile Row after bypassing the company’s shareholders and directors. The matter goes to court, with Geffen losing.

2010: Conrad Steinhobel, the Hout Bay franchisee operator, goes belly up; Geffen sells the franchise to a new operator in the same week, rather than allowing the previous operator a means of selling the business.

June 2010: Lew calls a security guard a “f**king kaffir”, an out of court settlement is reached.


October 2011: Seizure of Atlantic Sea Board franchise by Geffen after he lied to a High Court Judge. The order gives Geffen permission to take full control of franchise business, staff, the agents and all of the assets. The High Court reverses its decision after it is discovered that Geffen lied to the Court – all too late, because by the time the Court overturned its earlier ruling, Geffen had already sold the franchise to a new operator. The process to get it back will last several months due to the complexity of our legal system.

October 2011: Geffen accused Atlantic Sea Board operators as “gutter snipers”

November 2011: Geffen is in Contempt of Court after not returning files and papers after raiding franchisee’s office. One of the files was seen in the possession of Geffen’s attorney Thomson outside the Cape Town High Court on 4 November 2011.

He has bulldozed his way in business affecting the lives and livelihood of hundreds. Does he have any morals or ethics one must ask. Jason Rohde, Geffen’s CEO is also guilty of perjury and contempt of court, and Thomson, Geffen’s attorney is the legal brain behind Geffen’s legal strategy. Sandy Geffen, Lew’s estranged wife is distraught; Geffen’s eldest son Saul was unable available for comment; Tragically Geffen’s other son Barak, committed suicide in September 2009, and those close to Barak knew of the ruthless relationship he had with his father.

Defeat for Lew Geffen Sotheby's as the Atlantic Sea Board Franchise is restored to rightful owners.

NOVEMBER 17, 2011

In a judgement against Lew Geffen Sotheby’s, Geffen was stripped of his new franchise he setup with Gail Gavril at Better Homes after he unlawfully seized the Atlantic Sea Board franchise on 17th October 2011. The High Court Judge restored the franchise to its rightful owner Rob Stefanutto on Wednesday. Geffen was interdicted from trading his new franchise in the name of Better Homes and from contacting the franchisee’s agents and clients.

Seven accounts of abuse of the ex parte by Geffen and Rohde
1.    The order was served on the wrong address, 3 Marine House, Sea Point instead of 375 Main Road Sea Point;
2.    The Sheriff of the Court failed to verify the correct address, Geffen accompanied by his troops took the Sheriff to the wrong address purposefully;
3.    The order placed Geffen in immediate control of the franchise business and premises; this contravenes Common Law (including Franchise Law), and the Franchise Agreement;
4.    The order gave Geffen, management control of the business; there is no common law, or clause in the franchise agreement that allows this. Geffen is not a shareholder or investor or Director of the franchise;
5.    The order interdicted the managers/directors of the franchise from contacting their staff; There is no common law, or clause in the franchise agreement that allows the franchisor to prevent the Directors of the franchise from contacting their staff and clients;
6.    Geffen and troops entered the premises of two other offices, not mentioned in the order;
7.    Geffen and troops seized books, records, bank accounts from the franchisee’s premises, simultaneously moving trade to his Johannesburg office.