Monday, November 10, 2008

Sued for misleading investors

Nov 10, 2008
Suit against Lehman, UBS seeks an order certifying it as a class-action.

LEHMAN Brothers Holdings Inc's Chief Executive Officer Richard Fuld and UBS AG's US brokerage were accused in a lawsuit of misleading investors who bought Lehman's 'principal protected notes' before its September bankruptcy.

The complaint, filed on Nov 6 in federal court in Manhattan, claims Mr Fuld and 10 other past and current Lehman directors deceived investors about the risks of buying notes that are now almost worthless, Bloomberg news reported on Monday.

The suit seeks unspecified damages and an order certifying it as a class-action, or group lawsuit, on behalf of other investors.

Sales documents for the securities 'contained untrue statements of material fact and omitted other material facts', according to the complaint filed by Girard Gibbs LLP in San Francisco.

Lehman didn't disclose that repayment of the debt might be threatened by 'exposure to losses from its real estate and mortgage portfolio', and UBS Financial Services should have 'diligently' investigated the disclosures before helping sell the notes, the complaint said.

Mr George Sard, a spokesman for Mr Fuld, didn't respond to a message seeking comment.