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$300 Million Class-Action Suit Charges Dean Witter with Widespread Fraud in Sale of Managed Futures Funds.


LOS ANGELES--(BUSINESS WIRE)--Sept. 9, 1996--Charging Dean Witter Reynolds Dean Witter Reynolds was an American stock brokerage catering to the middle class. In 1997, it merged with the Morgan Stanley Group to form Morgan Stanley Dean Witter. The amalgamated firm is now known as Morgan Stanley.  Inc. and several other defendants with a scheme to defraud tens of thousands of middle-class investors nationwide, a California-based securities law firm and a New York-based law firm have filed a $300 million class-action suit Noun 1. class-action suit - a lawsuit brought by a representative member of a large group of people on behalf of all members of the group
class action
 in California's Superior Court here.

The suit was filed by the Carlsbad firm of John Lawrence John Lawrence can refer to:
  • John Lawrence (Irish landowner), Irish landowner
  • John Lawrence (television presenter), Former presenter for the BBC's Look North
  • John Lawrence (musician) a.k.a.
 Allen and the Manhattan-based firm of Milberg Weiss Bershad Hynes & Lerach, LLP LLP - Lower Layer Protocol .

It alleges that Dean Witter and the other defendants sold their clients very high-risk "managed futures Managed Futures

In the context of hedge funds, a style of management that focuses on short-term trading in the futures market.
" funds, which invest in commodities and currency futures Currency Futures

A transferable futures contract that specifies the price at which a specified currency can be bought or sold at a future date.

Notes:
Currency future contracts allow investors to hedge against foreign exchange risk.
, on the false premise that such funds reduce volatility and risk while generating high returns.

The suit follows an historic arbitration decision last May, when a panel of arbitrators leveled the largest NASD NASD

See: National Association of Securities Dealers


NASD

See National Association of Securities Dealers (NASD).
 punitive damage award ever, in percentage terms, in a complaint against Dean Witter involving managed futures. The three complainants in that case were represented by Allen's firm.

"Punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer.  in securities arbitration are rarely imposed, but Dean Witter's behavior was so reprehensible rep·re·hen·si·ble  
adj.
Deserving rebuke or censure; blameworthy. See Synonyms at blameworthy.



[Middle English, from Old French, from Late Latin repreh
 that the panel awarded an unprecedented 500%," Allen said. "What we're going to prove now is that the same outrageous abuse of trust was committed against many thousands of other unfortunate investors who thought they were making conservative investments."

"This is like the `Prudential' scandal all over again," Allen said. "It demonstrates that after all the foul publicity, the refunds and supposed soul-searching, the brokerage industry is still riddled with deception and disregard for the well-being of its customers."

The attorney was referring to the sale by Prudential Securities and other brokerages of high-risk real estate and oil and gas limited partnerships to hundreds of thousands of unsophisticated investors in the 1980s. In a settlement with the SEC after the partnerships went sour, Prudential agreed to provide more than $1 billion in refunds to investors.

Today's suit against Dean Witter includes ten of the firm's managed futures limited partnerships, Demeter Management Corp., a Dean Witter subsidiary, and two trading advisors.

The suit says the defendants falsely told prospective investors that buying managed futures limited partnerships "would reduce the volatility and risk of their portfolio and increase their portfolio's yield." In fact, investments in futures are "highly speculative" and "routinely subject investors to losses of capital in a very short period," said the complaint.

"For the sake of lining their pockets with high fees and commissions, Dean Witter took a category of investment suitable only for the most experienced professional traders, and sold it as a hedge to people who didn't know any better," Allen said. "The result was predictable -- the investors lost many millions of dollars of capital while Dean Witter and its brokers pocketed many millions in profits."

In addition, the suit charges that investors were not given prospectuses, which contain warnings about risk, until after purchasing their fund shares.

"In fact, Dean Witter's registered representatives were not expected or encouraged to even read or understand the prospectuses of the limited partnerships," the complaint said. "Instead, defendants used training and sales materials which were conveyed to investors in essentially identical form."

The suit is requesting restoration of lost capital and unspecified damages.

CONTACT: LVM LVM Logical Volume Manager
LVM Liikenne- ja Viestintäministeriö (Finnish: Ministry of Transport and Communications; Helsinki)
LVM Left Ventricular Mass
LVM Landwirtschaftlicher Versicherungsverein Muenster
 Group Inc.

Bob Rumerman or Alice Newcomb-Doyle, 212/751-2800
COPYRIGHT 1996 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Sep 9, 1996
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