Lawsuit Overview
October 29, 2009 - The court approved the plaintiff's voluntary dismissal without prejudice and directed the case to be closed.
October 23, 2009 - The plaintiffs filed a notice of voluntary dismissal without prejudice.
April 17, 2009 - The defendants filed a motion to dismiss.
March 30, 2009 - All cases were consolidated.
February 13, 2009 - One plaintiff filed an amended complaint.
May 19, 2008 - Lead plaintiff and lead counsel motions were filed.
April 17, 2008 - Another investor filed a complaint.
March 19, 2008 - An investor in shares of TD Ameritrade Holding Corporation (NYSE: AMTD) filed a lawsuit on behalf of persons who purchased Auction Rate Securities from TD Ameritrade Holding Corporation and TD Ameritrade Inc, formerly known as TD Waterhouse Investor Services Inc, during the period between March 19, 2003 and February 13, 2008 and who continued to hold such securities as of February 13, 2008.
Specifically, the complaint alleges that TD Ameritrade Holding Corporation violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by deceiving investors about the investment characteristics of auction rate securities and the auction market in which these securities traded. Auction rate securities are either municipal or corporate debt securities or preferred stocks which pay interest at rates set at periodic “auctions.” Auction rate securities generally have long-term maturities or no maturity dates.
The complaint alleges that, pursuant to uniform sales materials and top-down management directives, TD Ameritrade Holding Corporation offered and sold auction rate securities to the public as highly liquid cash-management vehicles and as suitable alternatives to money market mutual funds. According to the complaint, holders of auction rate securities sold by TD Ameritrade Holding Corporation and other broker-dealers have been unable to liquidate their positions in these securities following the decision on February 13, 2008 of all major broker-dealers including TD Ameritrade Holding Corporation to “withdraw their support” for the periodic auctions at which the interest rates paid on auction rates securities are set.
The complaint alleges that TD Ameritrade Holding Corporation failed to disclose the following material facts about the auction rate securities it sold to the class: (1) the auction rate securities were not cash alternatives, like money market funds, but were instead, complex, long-term financial instruments with 30 year maturity dates, or longer; (2) the auction rate securities were only liquid at the time of sale because TD Ameritrade Holding Corporation and other broker-dealers were artificially supporting and manipulating the auction rate market to maintain the appearance of liquidity and stability; (3) TD Ameritrade Holding Corporation and other broker-dealers routinely intervened in auctions for their own benefit, to set rates and prevent all-hold auctions and failed auctions; and (4) TD Ameritrade Holding Corporation continued to market auction rate securities as liquid investments after it had determined that it and other broker dealers were likely to withdraw their support for the periodic auctions and that a “freeze” of the market for auction rate securities would result.