Milberg LLP Announces Its Investigation Relating to the Popular, Inc. Puerto Rico Savings and Investment Plan
May 27 2009 - 6:02PM
Marketwired
Milberg LLP is investigating possible illegal conduct relating to
the Popular, Inc. Puerto Rico Savings and Investment Plan (the
"Plan") arising from facts alleged in a class action complaint
filed in the United States District Court for the District of
Puerto Rico against Popular, Inc. ("Popular" or the "Company")
(NASDAQ: BPOP). Specifically, Milberg LLP is investigating whether
certain fiduciaries of the Plan may have violated the Employee
Retirement Income Security Act of 1974 ("ERISA"). Violations may
have occurred in at least two ways: (1) by continuing to offer and
maintain Popular common stock as a Plan investment when it was
imprudent to do so, and (2) by failing to disclose Popular's true
financial condition to the Plan's participants.
According to the complaint, defendants failed to disclose
material adverse facts concerning Popular's true financial
condition, business and prospects. Specifically, the complaint
alleges that defendants failed to disclose among other facts: "(a)
that the Company's deferred tax assets related to its U.S.
operations were materially overstated; (b) that the Company was
experiencing increasing loan losses in Puerto Rico and the U.S.
construction sectors; (c) that the quality of the Company's
remaining mortgage-related loans in its U.S. mainland portfolios
and other assets were deteriorating and were materially overstated;
(d) that the Company was experiencing a higher percentage of
non-performing loans; (e) that the Company's new loan originations
were declining; and (f) as a result of the foregoing, the Company
would soon be facing liquidity concerns and would be forced to cut
or eliminate its dividend to shareholders."
If you have or had an individual account with the Popular, Inc.
Puerto Rico Savings and Investment Plan, and your account(s) holds
or held Popular common stock, you may have legal claims under
ERISA.
Milberg LLP has been representing individual and institutional
investors for nearly 40 years and serves as lead counsel in U.S.
federal and state courts. Please visit the Milberg website
(http://www.milberg.com) for more information about the firm. If
you wish to discuss this matter with us, or have any questions
concerning your rights and interests with regard to this matter,
please contact the following attorneys:
Lori G. Feldman Milberg LLP One Pennsylvania Plaza, 49th Fl. New
York, NY 10119-0165 Phone number: (800) 320-5081 Email:
contactus@milberg.com Website: http://www.milberg.com Attorney
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