Calif. court: State can sue American Funds

A California court ruling late last month may make it easier for states to sue financial firms, according to legal experts.
FEB 05, 2007
PHILADELPHIA — A California court ruling late last month may make it easier for states to sue financial firms, according to legal experts. A California Court of Appeal panel in Los Angeles affirmed that Attorney General Edmund G. “Jerry” Brown Jr. may sue American Funds Distributors Inc. of Los Angeles, the distribution arm of Capital Research and Management Co., adviser to the American Funds. It is a “major” ruling “that’s being very closely tracked by other states,” said Neal Sullivan, a partner in the Washington office of Bingham McCutchen LLP, a Boston-based law firm. The suit, originally brought by Mr. Brown’s immediate predecessor, Bill Lockyer, alleged that American Funds had perpetrated fraud under California law by not disclosing all material information that investors needed to make informed decisions. Specifically, according to the suit, American Funds failed to disclose adequately “shelf space” payments the fund company made to brokers that sell its funds. American Funds had hoped to get the case dismissed on the grounds that federal regulators, not the state, have jurisdiction over the securities industry. But the three-judge panel disagreed, writing that Congress “intended to preserve the states’ anti-fraud authority to control the conduct of brokers and dealers.” The ruling overturned a ruling by a state Superior Court judge in November 2005 and sends the case back to that court. American Funds was mum about what it plans to do next. “We are continuing to evaluate our options,” said company spokesman Chuck Freadhoff.

Latest News

Advisor moves: Raymond James lands $700M Truist duo in Florida
Advisor moves: Raymond James lands $700M Truist duo in Florida

&Partners has also added a $357 million Texas family practice, while Janney recruits a $250 million Edward Jones advisor in Miami

Wirehouse moves: JPMorgan taps Merrill veteran for Southeast role as BofA beefs up OCIO team
Wirehouse moves: JPMorgan taps Merrill veteran for Southeast role as BofA beefs up OCIO team

Linda Patel will lead J.P. Morgan Advisors in Florida and Georgia as Bank of America adds nonprofit specialists in New York

Colorado advisor loaded up elderly clients with risky Interval funds: regulator
Colorado advisor loaded up elderly clients with risky Interval funds: regulator

Interval funds and other semi-liquid or illiquid products are typically two to three times more expensive than plain vanilla stock or bond mutual funds or exchange-traded funds.

Investor alleges alkaline water startup hid sales data in white text
Investor alleges alkaline water startup hid sales data in white text

The royalty statements looked normal - until someone checked the electronic files.

SEC alleges fake hedge fund forged seals to steal $130M
SEC alleges fake hedge fund forged seals to steal $130M

They allegedly fabricated SEC certificates to dupe investors.

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor