Schwab must face adviser's lawsuit after all: appellate court

Judges said the firm must face a class-action lawsuit on mortgage debt in bond funds.
FEB 24, 2015
Charles Schwab & Co. Inc. must face a lawsuit brought by a financial advisory firm accusing the firm of investing a bond-index fund's assets in risky mortgage debt before the financial crisis, a panel of U.S. judges said Monday. Northstar Financial Advisors Inc. said the Schwab Total Bond Market Fund (SWLBX) loaded its fund with risky mortgage debt, causing tens of millions of dollars in losses and underperformance against its benchmark. As the financial crisis reached its apex, securities backed by mortgages saw their value sliced as some homeowners lost the ability to meet their loan obligations. Northstar has proposed the lawsuit as a “class-action” claim, which means it could include investors who owned the fund after 2007. The decision was a long time coming for the North Caldwell, N.J.-based advisory firm. They originally filed their lawsuit on Aug. 28, 2008, but it's been tied up in procedural back-and-forth. The latest appeal was argued in a San Francisco courthouse on May 17, 2013 before three federal judges, including one who ultimately argued that the case should not move forward. “We're happy,” said Robert C. Finkel, a lawyer at Wolf Popper, which represented the financial-planning firm. “We always thought it was a very easy case because they said they would operate the fund as an index fund, and they deviated from their index.” In a statement, San Francisco-based Schwab said it disagreed with the ruling and would continue to defend itself. “The court has simply put the case back to where it was in 2008,” said Sarah Bulgatz, a Schwab spokeswoman, in the statement. “We intend to show that the decline in the fund's [net asset value] was caused by the unprecedented financial crisis, and fund shareholders who held the fund through the financial crisis suffered few or no losses. The plaintiffs have not yet presented any evidence or proven their claims.” News of the ruling was reported first by Reuters.

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.