Judge Approves $89 Million State Street Pact Despite Co's Objection
October 29 2009 - 11:06AM
Dow Jones News
A federal judge granted preliminary approval to a $89.75 million
settlement of claims by a group of pension plans against a State
Street Corp. (STT) unit over allegedly risky, undisclosed
investment strategies despite an objection by the company.
In an order Wednesday, U.S. District Judge Richard J. Howell in
Manhattan gave initial approval to the settlement with State Street
Bank and Trust Co. over claims related to its investment strategies
for certain bond funds, including "highly leveraged positions in
mortgage-backed securities."
The State Street unit signed a binding term sheet for the
settlement with representatives for a class of pension plans in
June.
However, State Street had opposed preliminary approval of the
proposed settlement, saying its separate, ongoing settlement
negotiations with the U.S. Securities & Exchange Commission
make it currently impossible to determine whether the proposed
settlement is fair, reasonable and adequate, the judge said.
"It argues that the class might do better if it awaits the
outcome of the SEC discussions," the judge said. "Notwithstanding
State Street's laudable efforts to protect the interests of the
ERISA plans, however, the ongoing SEC negotiations provide no basis
for the denial or postponement of preliminary approval."
The SEC had been probing the State Street unit since 2007 and
issued a Wells notice in the matter on June 25, 2009, the day
before the settlement of claims brought under the Employee
Retirement Income Security Act was reached.
A Wells notice indicates the SEC's staff will recommend that the
commission approve the filing of a lawsuit or an administrative
proceeding.
The pension plans had argued that State Street's allegedly
undisclosed investment strategies caused the class to lose more
than $150 million during the third quarter of 2007.
The settlement figure represents about 58% of class members'
capital losses, "a favorable recovery in light of the substantial
time, expense, and risk that litigation to verdict would entail,"
the judge said.
State Street didn't immediately return a phone call seeking
comment.
-By Chad Bray, Dow Jones Newswires; 212-227-2017;
chad.bray@dowjones.com