Tuesday, December 4, 2007

A Lurid Aftermath to a Hedge Fund Manager’s Life

(Page 2 of 2)

But the boyish Mr. Tobias never ran with the titans of Wall Street. He was a small player in an industry where successful managers command billions or even tens of billions of dollars. Nonetheless, Mr. Tobias managed to make a name for himself on financial-news television, appearing on “Squawk Box” and “Kudlow & Company” on CNBC.

Now, the hints emerging about his private life have captivated Wall Street. Mrs. Tobias told the police that her husband may have been using cocaine on the night he died, according to police reports. Some of Mr. Tobias’s former associates say he used drugs regularly and often disappeared from his office for days or weeks at a time.

Mr. Tobias’s life was apparently as volatile as his investment returns. After Circle T lost 5.3 percent in 2005, his marriage began to fray. In March 2006, the police were called to the Tobiases’ home because of a domestic disturbance. A few days later. Mr. Tobias filed for divorce. It was one week before the couple’s first anniversary.

The Tobiases later reconciled. But the divorce filings included a laundry list of accusations. Mrs. Tobias stated that she caught him having an “adulterous affair” and that he “gambled away tens of thousands of dollars and used other funds on illicit habits.” She asked the court to award her $46,000 a month for living expenses. He argued that she was constantly spending too much money.

Even after the couple reconciled, they fought constantly, mostly over money, according to several friends, who asked not to be identified for fear of being subpoenaed in connection with the case or because they were worried that their professional reputations would be harmed by being associated with the case. At one point, Mrs. Tobias bought a Porsche on her credit card and then cried when Mr. Tobias told her to return it, one friend recounted.

They also secretly frequented a gay bar called Cupids in West Palm Beach, in a strip mall along a main thoroughfare. It was there, according to Mr. Ash, that Mr. Tobias first met Tiger.

“Seth used to come in here back when it was crazy,” said Adiel Hemingway, the longtime manager of Cupids. As a flat-screen television blared hard-core gay pornography, he said that Mr. Tobias often came to the club with his wife. Mr. Hemingway took out a picture of Tiger in his office. Tiger is blond and covered with tattoos that look like stripes.

“I know exactly who he is, but I’m not telling you,” Mr. Hemingway said. The Tobias brothers have subpoenaed Tiger, using the address of Cupids, but have been unable to learn his true name.

The day Mr. Tobias died, he spent the afternoon at the Breakers with his wife and several friends, drinking and possibly using cocaine, according to Mrs. Tobias’s statement to the police. From there, Mr. Tobias went with one of the friends to E. R. Bradley’s Saloon, a boisterous open-air bar in Palm Beach that looks over the Intracoastal Waterway.

What happened next is unclear, except that Mr. Tobias was dead in the pool, with abrasions on his nose, forehead and back. When the police arrived, Mrs. Tobias, on the advice of a friend who is a lawyer, refused to let them enter the house, which is perched on the edge of the sixth hole of a Jack Nicklaus-designed golf course in a gated community. After returning with a warrant, the police found a Ziploc bag with a white powdery substance and a small baggie and a straw, as well as two empty plastic prescription bottles. Mr. Tobias’s eyeglasses and a drinking glass were discovered on the bottom of the pool.

According to the brothers’ lawsuit, Mrs. Tobias caused her husband “to ingest one or more controlled substances that induced loss of consciousness and capacity to breathe.” They further claimed that she caused him “to enter the swimming pool at their residence after his ingestion of controlled substances and in his stuporous and helpless condition he was asphyxiated and died.” Mr. Tobias’s best friend, Patrick Bransome, said in a statement to police that he had not seen him go in a pool or swim in years. Mr. Bransome declined to comment.

A few weeks later, Mr. Ash called the police and told them that Mrs. Tobias had confessed to him and that he had a tape recording to prove it. Mr. Ash has a past: he has been arrested at least 11 times on charges ranging from larceny to prostitution; He has been called Mr. Madam because of a past connection he says he had to Heidi Fleiss, the Hollywood Madam. Investigators flew to Mr. Ash’s home in San Diego and spent a day interviewing him.

“She confessed to me on tape,” Mr. Ash, said in an interview. “I believe she absolutely did it.” He would not provide the tape, but expressed outrage that the case was not moving more quickly. “I’m the only one standing up for him. Who else in this whole crazy thing is looking out for him?”

The police in Jupiter appeared unimpressed with Mr. Ash’s allegations. “You can take it for what it is worth,” Sergeant Pascarella said.

Through her lawyers, Mrs. Tobias refused to comment for this article. In a recent interview with The Palm Beach Post, she said, “I’m broken. I haven’t gone out in six weeks. I’ve been in and out of the hospital. I just pray all day and wonder why people could be so evil.”

She said of Mr. Ash: “All those rumors are disgusting. He’s a very sick man who should be institutionalized.”

http://www.nytimes.com/2007/12/04/business/04tobias.html?em&ex=1196917200&en=9fa6d5fadcbbcc99&ei=5087%0A

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