A class action has been filed against LaBranche & Company, Inc. (NYSE: LAB) and certain of its officers and directors by stockholders who purchased the company's common stock between January 25, 2000, and October 15, 2003. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock.
LaBranche is a specialty firm on the New York Stock Exchange (NYSE). As a specialist on the NYSE, LaBranche is required to uphold the NYSE's rules and requirements. Allegedly, rather than uphold its duties, LaBranche, during the class period, repeatedly violated its duties by engaging in an illegal scheme to drive up the company's financial results. More specifically, the action alleges that LaBranche's statements concerning its financial results during the class period were materially false and misleading because they failed to disclose, or misrepresented, the following adverse facts, among others:
1. That LaBranche engaged in the illegal practice of "front-running" trades at the NYSE, which allowed LaBranche to act on nonpublic information to trade ahead of customers lacking that knowledge and pocket a profit on each trade.
2. That LaBranche illegally "traded ahead" of customer orders by causing or allowing its traders to put LaBranche's own interest ahead of investors by ignoring one investor order while in the process of interacting with another investor, thereby creating more illegal profits for the company.
3. That LaBranche, throughout the class period, improperly recognized revenue from its illegal scheme in violation of Generally Accepted Accounting Principles.
4. That, as a result of this illegal scheme, LaBranche materially overstated and artificially inflated its earnings, net income, and earnings per share.
On October 16, 2003, the NYSE announced that the its enforcement division had decided to bring disciplinary action against LaBranche and the other specialist firms.