Want the latest retirement plan adviser news and insights? Sign up for PLANADVISER newsletters.
Compliance May 28, 2009
Milberg Announces Puerto Rican Bank ERISA Probe
The Milberg law firm announced an investigation into possible violations of the Employee Retirement Income Security Act (ERISA) by Popular Inc. U.S.A., a San Juan, Puerto Rico-based financial services firm.
Reported by Fred Schneyer
The investigation could potentially lead to filing a stock- drop lawsuit. A Milberg news release said the firm is investigating possible violations in the handling of the Popular, Inc. U.S.A. 401(K) Savings & Investment Plan by keeping company stock as a 401(k) plan investment option when it was no longer prudent to do so, and by not fully disclosing its true financial condition to participants.
Specifically, the news announcement said, the firm is looking into whether the company disclosed:
- that its deferred tax assets related to its U.S. operations were materially overstated;
- that the company was experiencing increasing loan losses in Puerto Rico and the U.S. construction sectors;
- that the quality of the company’s remaining mortgage-related loans in its U.S. mainland portfolios and other assets were deteriorating and were materially overstated;
- that the company was experiencing a higher percentage of non-performing loans;
- that the company’s new loan originations were declining and as a result the company would soon be facing liquidity concerns and would be forced to cut or eliminate its dividend to shareholders.