Oh. Pub. Employees Ret. Sys. v. Fed. Home Loan Mortgage Corp.

Ohio Public Employees Retirement System (OPERS) filed a class action suit alleging securities fraud against Federal Home Loan Mortgage Corporation (Freddie Mac), a government sponsored entity chartered by Congress that operates in the secondary mortgage market. OPERS alleged that Freddie Mac concealed its overextension in the nontraditional mortgage market (subprime mortgages or low credit and high-risk instruments) and its materially deficient underwriting, risk management, and fraud detection practices through misstatements and omissions to investors. OPERS claimed that the fund suffered foreseeable losses triggered when the risk that had been concealed materialized. The district court dismissed, concluding that OPERS failed to show loss causation. The Sixth Circuit reversed. Considering “the relationship between the risks allegedly concealed and the risks that subsequently materialized,” as well as the close correlation between the alleged revelation or materialization of the risk and the immediate fall in stock price, the court concluded that OPERS had alleged sufficient facts to support a plausible claim. View "Oh. Pub. Employees Ret. Sys. v. Fed. Home Loan Mortgage Corp." on Justia Law