Arlen Specter is many things. Senator. Cancer survivor. Some might say, turncoat. And since he is a newly minted Democrat, Specter is expected to prove his political stripes.
Well, Specter has decided that the best way to earn those stripes is to embrace the recent investor outrage and introduce legislation that will allow investors to sue accountants, lawyers, and investment banks, that provide, what Specter calls “substantial assistance” in a fraud.
More, after the jump
According to Bloomberg:
Shareholders are barred from suing parties that have only an indirect role in a fraud after Supreme Court decisions that limited liability to those directly and publicly involved in the scheme.The Specter measure would upend rulings in Stoneridge Investment Partners LLC v. Scientific-Atlanta Inc. of 2008 and Central Bank of Denver v. First Interstate Bank of Denver. Prior to the rulings, investor lawsuits against fraud accomplices were common, Langevoort said. The 1994 Central Bank decision was a “major gift” to individuals and corporations that aided in a fraud
The Refco scandal is right at the heart of this debate as attorneys, auditors, and investment bankers were all misled by Philip Bennet, Refco’s then-CEO. Suits against PwC, Grant Thornton, KPMG, and E&Y were dismissed back in April along with suits against several investment banks. Refco’s outside counsel Joseph Collins of Mayer Brown is currently involved in a lawsuit that is being reviewed by the SEC.
We’re all for making accountants responsible when they screw the pooch but if clients just flat out lie and go way the hell out of their way cover those lies up, there’s very little that can be done.
And if there’s one thing that keeps Big
5 4 partners up at night it’s the threat of litigation. The premise that this legislation would increase that litigious exposure is, at the very least, disconcerting to partners.
Specter Law Would Let Investors Sue Fraud Accomplices [Bloomberg]