Lehman Brothers' 401(k) retirement plan and its participants sued in September ex-Chief Executive Officer Richard Fuld and other former executives of the defunct firm for failing to disclose Repo 105, a financing method allegedly used to conceal billions of dollars of debt.
Businessweekreported earlier this month that the amended lawsuit, unsealed by a judge Nov. 30, was based partly on a 2,200-page report by Lehman bankruptcy examiner Anton Valukas. The original suit was filed in 2008.
According to the report, the 401(k) plan had $228.7 million invested in the Lehman Brothers Stock Fund, which had 10.6% of its assets in Lehman shares trading at $65.44 each on Dec. 31, 2007. The company’s benefits committee liquidated the fund nine months after Lehman went bankrupt in September 2008 and its stock was worthless, according to Businessweek.
Fuld and other executives “knew or should have known” about Repo 105 and other risks taken by Lehman, “and therefore knew or should have known that the plan’s assets should not have been invested in company stock,” according to the complaint.