Business
Private judge, not jury, will hear Ponzi case against City National Bank
A private judge, not a Los Angeles jury, will render a verdict in the lawsuit seeking more than $770 million in damages from City National Bank over its alleged role in aiding a Ponzi scheme led by actor Zachary Horwitz.
U.S. District Court Judge Christina Snyder recently ruled in favor of a request by the Los Angeles bank to have the case handled by a “judicial referee,” an alternative form of dispute resolution that is similar to arbitration.
In arbitration, which has been criticized for its use by corporate and sexual harassment defendants to hide findings of wrongdoing, hearings are private and the judgments typically final and not made public. By contrast, hearings before judicial referees are technically open to the public, with the judgments also public and subject to appeal.
However, judicial referees can be an attractive option to defendants facing potentially large verdicts since the positions are typically filled by former judges — the kind of arbiters generally seen as being less likely than juries to return multi-billion dollar runaway verdicts.
“It is far less likely, in general, to inflame the passions of a retired judge who has significant experience in handling cases than it is to a jury who, in a lot of instances, this is their one and only case they are ever sitting on,” said attorney John Nadolenco, managing partner of Mayer Brown’s Los Angeles office.
The lawsuit was filed in February by a court-appointed receiver who is trying to recover losses incurred by investors in a Ponzi scheme led by Horwitz, a small-time actor who claimed he had a business acquiring film rights and licensing them to Netflix and other streaming platforms for foreign distribution.
Horwitz, who appeared in a handful of films under the stage name Zach Avery, had no such deals and forged contracts and emails to dupe investors, who poured more than $700 million into the scheme from 2013-19, when by the end of the year Horwitz had trouble raising money. He was arrested in 2021, pleaded guilty to securities fraud and was sentenced to 20 years in prison, owing some $230 million in restitution.
In the lawsuit, the receiver Michele Vives alleged the bank “substantially assisted” Horwitz by “adding an air of legitimacy” to the scheme and — driven by a desire to earn interest on a line of credit and sell Horwitz other services — “bent the rules” and accepted “incomprehensible explanations” about the sources of the funds and the flow of money in the accounts.
The bank said that the case should not be heard by a jury because the terms of the business accounts Horwitz opened at the bank for his company, 1inMM Capital, and related entities allow the bank to have judicial referees resolve disputes. Vives’ attorney unsuccessfully argued that the agreement did not apply to the receiver and that, in any case, the judge had the discretion on whether to appoint a referee. Snyder issued her ruling July 25.
City National defended its decision to block the case from going to a jury.
“Although City National does not comment in detail on pending litigation, we consistently abide by the terms of our agreements. City National will continue to defend itself vigorously and strongly disagrees with the receiver’s allegations,” the bank said in a statement.
An attorney for Vives declined comment, saying the receiver does not talk about active cases.
The two sides must now seek and pay for a referee to handle the litigation, which could move faster than in federal court, due to the busy calendar of district court judges. The law requires that the court post where the proceedings are held so the public can attend.
Ann Kough, a former Los Angeles County Superior Court judge who has worked as an arbitrator and judicial referee for two decades, said she has never had a member of the public attend a judicial reference hearing but that doesn’t mean the public wasn’t aware of the proceedings.
“It’s not really a matter of somebody coming into a room and wanting to listen, but they can see all the documents because they’re part of the the court record,” she said.
While the City National lawsuit has the potential to recover hundreds of millions of dollars for investors fleeced in the Ponzi scheme, the receiver also is seeking to recover funds from investors who made money on the scheme before it fell apart. Those include “aggregators” who brought multiple investors into the scheme and funneled money up to Horwitz.
In addition, the receiver has reached a settlement with a professional services firm that worked with Horwitz and is in settlement discussions with a “major financial institution” that did business with him. Other potential sources of funds include the sale of films Horwitz invested in with the scheme’s proceeds, according to an Aug. 5 update of the receiver’s activities filed in federal court.
Tom Lochtefeld, 61, who lost $150,000 in retirement funds invested in 2019, said he was disappointed to hear that the case was being heard by a judicial referee.
“It should be fully transparent and decided by a judge and jury as far as I’m concerned,” said the Connecticut resident.
Business
Ties between California and Venezuela go back more than a century with Chevron
As a stunned world processes the U.S. government’s sudden intervention in Venezuela — debating its legality, guessing who the ultimate winners and losers will be — a company founded in California with deep ties to the Golden State could be among the prime beneficiaries.
Venezuela has the largest proven oil reserves on the planet. Chevron, the international petroleum conglomerate with a massive refinery in El Segundo and headquartered, until recently, in San Ramon, is the only foreign oil company that has continued operating there through decades of revolution.
Other major oil companies, including ConocoPhillips and Exxon Mobil, pulled out of Venezuela in 2007 when then-President Hugo Chávez required them to surrender majority ownership of their operations to the country’s state-controlled oil company, PDVSA.
But Chevron remained, playing the “long game,” according to industry analysts, hoping to someday resume reaping big profits from the investments the company started making there almost a century ago.
Looks like that bet might finally pay off.
In his news conference Saturday, after U.S. Special Forces snatched Venezuelan President Nicolás Maduro and his wife in Caracas and extradited them to face drug-trafficking charges in New York, President Trump said the U.S. would “run” Venezuela and open more of its massive oil reserves to American corporations.
“We’re going to have our very large U.S. oil companies, the biggest anywhere in the world, go in, spend billions of dollars, fix the badly broken infrastructure, the oil infrastructure, and start making money for the country,” Trump said during a news conference Saturday.
While oil industry analysts temper expectations by warning it could take years to start extracting significant profits given Venezuela’s long-neglected, dilapidated infrastructure, and everyday Venezuelans worry about the proceeds flowing out of the country and into the pockets of U.S. investors, there’s one group who could be forgiven for jumping with unreserved joy: Chevron insiders who championed the decision to remain in Venezuela all these years.
But the company’s official response to the stunning turn of events has been poker-faced.
“Chevron remains focused on the safety and well-being of our employees, as well as the integrity of our assets,” spokesman Bill Turenne emailed The Times on Sunday, the same statement the company sent to news outlets all weekend. “We continue to operate in full compliance with all relevant laws and regulations.”
Turenne did not respond to questions about the possible financial rewards for the company stemming from this weekend’s U.S. military action.
Chevron, which is a direct descendant of a small oil company founded in Southern California in the 1870s, has grown into a $300-billion global corporation. It was headquartered in San Ramon, just outside of San Francisco, until executives announced in August 2024 that they were fleeing high-cost California for Houston.
Texas’ relatively low taxes and light regulation have been a beacon for many California companies, and most of Chevron’s competitors are based there.
Chevron began exploring in Venezuela in the early 1920s, according to the company’s website, and ramped up operations after discovering the massive Boscan oil field in the 1940s. Over the decades, it grew into Venezuela’s largest foreign investor.
The company held on over the decades as Venezuela’s government moved steadily to the left; it began to nationalize the oil industry by creating a state-owned petroleum company in 1976, and then demanded majority ownership of foreign oil assets in 2007, under then-President Hugo Chávez.
Venezuela has the world’s largest proven crude oil reserves — meaning they’re economical to tap — about 303 billion barrels, according to the U.S. Energy Information Administration.
But even with those massive reserves, Venezuela has been producing less than 1% of the world’s crude oil supply. Production has steadily declined from the 3.5 million barrels per day pumped in 1999 to just over 1 million barrels per day now.
Currently, Chevron’s operations in Venezuela employ about 3,000 people and produce between 250,000 and 300,000 barrels of oil per day, according to published reports.
That’s less than 10% of the roughly 3 million barrels the company produces from holdings scattered across the globe, from the Gulf of Mexico to Kazakhstan and Australia.
But some analysts are optimistic that Venezuela could double or triple its current output relatively quickly — which could lead to a windfall for Chevron.
The Associated Press contributed to this report.
Business
‘Stranger Things’ finale turns box office downside up pulling in an estimated $25 million
The finale of Netflix’s blockbuster series “Stranger Things” gave movie theaters a much needed jolt, generating an estimated $20 to $25 million at the box office, according to multiple reports.
Matt and Ross Duffer’s supernatural thriller debuted simultaneously on the streaming platform and some 600 cinemas on New Year’s Eve and held encore showings all through New Year’s Day.
Owing to the cast’s contractual terms for residuals, theaters could not charge for tickets. Instead, fans reserved seats for performances directly from theaters, paying for mandatory food and beverage vouchers. AMC and Cinemark Theatres charged $20 for the concession vouchers while Regal Cinemas charged $11 — in homage to the show’s lead character, Eleven, played by Millie Bobby Brown.
AMC Theatres, the world’s largest theater chain, played the finale at 231 of its theaters across the U.S. — which accounted for one-third of all theaters that held screenings over the holiday.
The chain said that more than 753,000 viewers attended a performance at one of its cinemas over two days, bringing in more than $15 million.
Expectations for the theater showing was high.
“Our year ends on a high: Netflix’s Strangers Things series finale to show in many AMC theatres this week. Two days only New Year’s Eve and Jan 1.,” tweeted AMC’s CEO Adam Aron on Dec. 30. “Theatres are packed. Many sellouts but seats still available. How many Stranger Things tickets do you think AMC will sell?”
It was a rare win for the lagging domestic box office.
In 2025, revenue in the U.S. and Canada was expected to reach $8.87 billion, which was marginally better than 2024 and only 20% more than pre-pandemic levels, according to movie data firm Comscore.
With few exceptions, moviegoers have stayed home. As of Dec. 25., only an estimated 760 million tickets were sold, according to media and entertainment data firm EntTelligence, compared with 2024, during which total ticket sales exceeded 800 million.
Business
Tesla dethroned as the world’s top EV maker
Elon Musk’s Tesla is no longer the top electric vehicle seller in the world as demand at home has cooled while competition heated up abroad.
Tesla lost its pole position after reporting 1.64 million deliveries in 2025, roughly 620,000 fewer than Chinese competitor BYD.
Tesla struggled last year amid increasing competition, waning federal support for electric vehicle adoption and brand damage triggered by Musk’s stint in the White House.
Musk is turning his focus toward robotics and autonomous driving technology in an effort to keep Tesla relevant as its EVs lose popularity.
On Friday, the company reported lower than expected delivery numbers for the fourth quarter of 2025, a decline from the previous quarter and a year-over-year decrease of 16%. Tesla delivered 418,227 vehicles in the fourth quarter and produced 434,358.
According to a company-compiled consensus from analysts posted on Tesla’s website in December, the company was projected to deliver nearly 423,000 vehicles in the fourth quarter.
Tesla’s annual deliveries fell roughly 8% last year from 1.79 million in 2024. Its third-quarter deliveries saw a boost as consumers rushed to buy electric vehicles before a $7,500 tax credit expired at the end of September.
“There are so many contributing factors ranging from the lack of evolution and true innovation of Musk’s product to the loss of the EV credits,” said Karl Brauer, an analyst at iSeeCars.com. “Teslas are just starting to look old. You have a bunch of other options, and they all look newer and fresher.”
BYD is making premium electric vehicles at an affordable price point, Brauer said, but steep tariffs on Chinese EVs have effectively prevented the cars from gaining popularity in the U.S.
Other international automakers like South Korea’s Hyundai and Germany’s Volkswagen have been expanding their EV offerings.
In the third quarter last year, the American automaker Ford sold a record number of electric vehicles, bolstered by its popular Mustang Mach-E SUV and F-150 Lightning pickup truck.
In October, Tesla released long-anticipated lower-cost versions of its Model 3 and Model Y in an attempt to attract new customers.
However, analysts and investors were disappointed by the launch, saying the models, which start at $36,990, aren’t affordable enough to entice a new group of consumers to consider going green.
As evidenced by Tesla’s continuing sales decline, the new Model 3 and Model Y have not been huge wins for the company, Brauer said.
“There’s a core Tesla following who will never choose anything else, but that’s not how you grow,” Brauer said.
Tesla lost a swath of customers last year when Musk joined the Trump administration as the head of the so-called Department of Government Efficiency.
Left-leaning Tesla owners, who were originally attracted to the brand for its environmental benefits, became alienated by Musk’s political activity.
Consumers held protests against the brand and some celebrities made a point of selling their Teslas.
Although Musk left the White House, the company sustained significant and lasting reputation damage, experts said.
Investors, however, remain largely optimistic about Tesla’s future.
Shares are up nearly 40% over the last six months and have risen 16% over the past year.
Brauer said investors are clinging to the hope that Musk’s robotaxi business will take off and the ambitious chief executive will succeed in developing humanoid robots and self-driving cars.
The roll-out of Tesla robotaxis in Austin, Texas, last summer was full of glitches, and experts say Tesla has a long way to go to catch up with the autonomous ride-hailing company Waymo.
Still, the burgeoning robotaxi industry could be extremely lucrative for Tesla if Musk can deliver on his promises.
“Musk has done a good job, increasingly in the past year, of switching the conversation from Tesla sales to AI and robotics,” Brauer said. “I think current stock price largely reflects that.”
Shares were down about 2% on Friday after the company reported earnings.
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