23 May 2008 05:43 GMT
Bank of America faces class action over auction rate securities
LONDON (Thomson Financial) - The law firm of Girard Gibbs LLP said it is has filed a class action lawsuit Bank of America Corp. alleging that the company deceived investors about the investment characteristics of auction rate securities and the auction market in which these securities traded.
Auction rate securities are either municipal or corporate debt securities or preferred stocks which pay interest at rates set at periodic "auctions."
The complaint alleges that Bank of America failed to disclose several material facts about the auction rate securities it sold to the class, the first being that the auction rate securities were not cash alternatives, like money market funds, but were instead, complex, long-term financial instruments with 30 year maturity dates, or longer.
Further, the auction rate securities were only liquid at the time of sale because Bank of America and other broker-dealers were artificially supporting and manipulating the auction rate market to maintain the appearance of liquidity and stability.
Bank of America and other broker-dealers routinely intervened in auctions for their own benefit, to set rates and prevent all-hold auctions and failed auctions, the claim alleges.
It added that Bank of America continued to market auction rate securities as liquid investments after it had determined that it and other broker dealers were likely to withdraw their support for the periodic auctions and that a "freeze" of the market for auction rate securities would result.
Girard Gibbs filed the suit on behalf of persons who purchased auction rate securities from Bank of America and its units between May 22, 2003, and February 13, 2008, and who continued to hold such securities as of February 13, 2008.