According to The Seattle Times (07/01/11), Washington Mutual's shareholders will share part of the $208.5 million offered in the settlement. Those shareholders include pension plans, individual investors and investment funds, which alleged Washington Mutual executives failed in their duties to shareholders. The shareholders potentially hold almost 1.5 billion shares in Washington Mutual common stock and more than 10 million shares of preferred stock.
According to the lawsuit, Washington Mutual directors and executives assured investors that they were safe from certain losses even though the company offered high-risk mortgage loans. Plaintiffs alleged Washington Mutual executives made false and misleading statements to investors.
The Wall Street Journal (07/01/11) notes that an amended complaint filed in 2009 alleges Washington Mutual's financial circumstances, "rendered WaMu stock an unduly risky and inappropriate investment option for participants' retirement savings."
Washington Mutual filed for bankruptcy in September 2008.
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Meanwhile, Morgan Keegan won a securities fraud lawsuit related to its sale of auction rate securities. According to Thomson Reuters (06/29/11), the Securities and Exchange Commission (SEC) filed suit against Morgan Keegan, alleging the financial firm hid the risks associated with auction rate debt. The SEC alleged that Morgan Keegan told customers the securities were a cash equivalent with zero risk.
A judge, however, dismissed the lawsuit, saying the company disclosed the risks to investors and was not responsible for problems with the auction rate securities market.