American Airlines reaches $22 million settlement in 401(k) self-dealing lawsuit

The settlement, if approved, would be among the largest in cases alleging enrichment due to use of proprietary investments.
JUL 11, 2017

American Airlines Inc. has agreed to settle a 401(k) self-dealing lawsuit for $22 million, one of the largest monetary settlements reached in similar class-action litigation. Plaintiffs brought the suit, Main et al v. American Airlines Inc. et al, in April 2016. They alleged defendants breached their fiduciary duties under the Employee Retirement Income Security Act of 1974 by selecting and retaining high-cost mutual funds offered by American Beacon, an investment manager affiliated with American Airlines. Plaintiffs claimed American Airlines profited at plan participants' expense. Matt Miller, a spokesman for American Airlines, said the funds at issue in the lawsuit were removed in late 2015 when the company consolidated plans following a merger with US Airways. "At the time of the merger, American and US Airways had separate 401(k) plans with 55 different investment options. Today, American has a robust 401(k) plan with a streamlined menu of attractive investment options," Mr. Miller said. If it receives court approval, the $22 million settlement would be among the largest monetary payouts in cases involving self-dealing allegations for use of in-house investment funds. In 2015, Ameriprise Financial Inc. agreed to pay $27.5 million to settle a four-year-old lawsuit claiming investments in the company's 401(k) included funds from subsidiary RiverSource Investments, now known as Columbia Management Investment Advisers. Massachusetts Mutual Life Insurance Co. last year agreed to pay nearly $31 million in a lawsuit alleging, among other things, that the firm almost exclusively used proprietary funds. Earlier this year, TIAA settled a self-dealing lawsuit involving in-house funds for $5 million, and New York Life paid $3 million to put to rest a similar legal battle. As the prevalence of excessive-fee cases rises, asset managers have found themselves in the crosshairs. MFS Investment Management, Capital Group, Waddell & Reed, T. Rowe Price, JPMorgan and Franklin Templeton have been sued within the past year. The American Airlines settlement, reached July 7, equals more than 62% of American Beacon's estimated revenues associated with the funds during the class period, according to a document filed in the U.S. District Court for the Northern District of Texas. The issues involved in the case regarding plan management have been resolved, following elimination of "alleged defects" when the plan was overhauled in October 2015, the document said. That included removal of the American Beacon funds and addition of separate accounts and collective investment trust funds. Plaintiffs are being represented by the firms Nichols Kaster and Kendall Law Group. Attorneys are entitled to up to 30% of the gross settlement.

Latest News

DOJ's fraud sweep bags over $1B in convictions, guilty pleas and indictments in a single week
DOJ's fraud sweep bags over $1B in convictions, guilty pleas and indictments in a single week

Medicare scam, pandemic benefit theft, offshore tax evasion — federal prosecutors are casting a wide net.

Retirement without guaranteed income streams may mean near-total asset wipeout
Retirement without guaranteed income streams may mean near-total asset wipeout

Report finds that pension income acts as a financial lifeline for retirees facing late-life shocks and raises urgent questions about the DC-only future.

Federal judge dismisses Eltek manipulation lawsuit against Morgan Stanley Smith Barney
Federal judge dismisses Eltek manipulation lawsuit against Morgan Stanley Smith Barney

Nine-month electronic trading freeze and share lending program at the center of dismissed claim.

RIA wrap: Dynamic strikes South Carolina deal to reach $7B AUM milestone
RIA wrap: Dynamic strikes South Carolina deal to reach $7B AUM milestone

Meanwhile, Rossby Financial's leadership buildout rolls on with a new COO appointment as Balefire Wealth welcomes a distinguished retirement specialist to its national network.

Rethinking diversification amid a concentrated S&P 500
Rethinking diversification amid a concentrated S&P 500

With a smaller group of companies driving stock market performance, advisors must work more intentionally to manage concentration risks within client portfolios.

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

SPONSORED Durability over scale: What actually defines a great advisory firm

Growth may get the headlines, but in my experience, longevity is earned through structure, culture, and discipline