A class action was filed today in the U.S. District Court for the District of Massachusetts on behalf of purchasers of all classes of shares of the Evergreen Ultra Short Opportunities Fund who purchased or otherwise acquired shares of the Fund within three years of the filing of this lawsuit (the “Class”), seeking to pursue remedies under the Securities Act of 1933 (the “Securities Act”). Prior to August 1, 2005, the Fund was known as the Evergreen Ultra Short Bond Fund.
The complaint alleges that Evergreen Investment Management Co., LLC (“Evergreen Co.”) and certain related entities, and officers and directors, violated the Securities Act. Evergreen Investment Management Co., LLC serves as the investment advisor to a group of mutual funds marketed under the Evergreen name. Evergreen Investments is the brand name under which Wachovia Corporation (Wachovia Corp) conducts its investment management business.
On or about May 29, 2003, the defendants began offering shares of the Ultra Short Bond Fund pursuant to an initial registration statement, filed with the SEC as a Form 485BPOS (the “Registration Statement”). The complaint charges that defendants solicited investors to purchase shares of the Fund by stating that the Fund’s investment objective was to: “provide current income consistent with preservation of capital and low principal fluctuation.” The complaint alleges that these statements were materially false and misleading because the fund employed an undisclosed high-risk strategy that led to realized losses of approximately 18 percent and seeks to recover damages on behalf of the Class.
Beginning on or about June 9, 2008, the Fund’s per share net asset values declined precipitously across all share classes. On June 19, 2008 the Fund reported that it was liquidating, and that its net assets were only $403 million, far lower than the $731.4 million net asset value reported by the Fund on March 31, 2008.
Anyone wishing to serve as lead plaintiff must move the Court no later than 60 days from today. If you wish to consider joining this action as lead plaintiff, discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiffs’ counsel at the phone numbers or e-mail addresses listed below. Any member of the purported class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.
What Is FINRA Arbitration?
FINRA arbitration is a dispute resolution process used to settle conflicts between investors, brokerage firms, and financial advisors outside of traditional court litigation. The process is administered by the Financial Industry Regulatory Authority (FINRA), the self-regulatory organization responsible for overseeing broker-dealers and maintaining fairness in the U.S. securities industry. Because most brokerage agreements require customers to resolve disputes through arbitration rather than the court system, FINRA arbitration has become the primary method for resolving investor disputes in the United States.
At its core, FINRA arbitration is designed to be faster and less formal than a lawsuit. When an investor believes they have suffered financial losses due to misconduct—such as unsuitable investment recommendations, misrepresentation, excessive trading, or failure to supervise—they can file a claim with FINRA’s dispute resolution forum. Brokerage firms and registered representatives who are members of FINRA are generally required to participate in this process if a customer initiates arbitration.
The FINRA Process
The arbitration process begins when a claimant files a Statement of Claim with FINRA. This document outlines the facts of the dispute, the alleged misconduct, and the damages being requested. After the claim is filed, the respondent—typically the brokerage firm or broker—submits an Answer responding to the allegations. FINRA then appoints a panel of one or three arbitrators depending on the size of the claim. Arbitrators are neutral decision-makers selected from FINRA’s roster and may include individuals with industry experience as well as public arbitrators who have no ties to the securities industry.
Once the arbitration panel is selected, the case proceeds through several stages similar to litigation, including document exchange and pre-hearing conferences. However, arbitration is typically more streamlined than court proceedings. There are fewer procedural hurdles, discovery is more limited, and the process is generally designed to move more quickly than traditional litigation. Eventually, the case proceeds to an evidentiary hearing where both sides present testimony, documents, and arguments to the arbitrators.
At the conclusion of the hearing, the arbitration panel issues a written decision known as an award. This award determines whether the claimant is entitled to damages and, if so, how much compensation should be paid. Arbitration awards are generally final and binding, meaning they cannot easily be appealed. Courts may only overturn an arbitration award under very limited circumstances, such as evidence of fraud or arbitrator misconduct.
The Role of FINRA Arbitration in Dispute Resolution
FINRA arbitration plays a crucial role in the securities industry because it provides investors with a forum to pursue recovery for investment losses caused by broker misconduct. At the same time, brokerage firms benefit from a dispute resolution process that is often faster and less expensive than court litigation. While critics argue that mandatory arbitration clauses limit investors’ ability to pursue claims in court, supporters maintain that arbitration provides an efficient and accessible system for resolving financial disputes.
Ultimately, FINRA arbitration serves as the central mechanism for resolving conflicts between investors and the brokerage industry. By offering a structured yet streamlined process overseen by FINRA, arbitration aims to provide fair outcomes while maintaining confidence in the U.S. financial markets. Contact the investment fraud lawyers at Bakhtiari & Harrison.