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Federal Home Loan Mortgage Corporation 401(k) Participants Allege Breaches of Fiduciary Duty

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Case ID: 2944 | Employment | 11/25/2003

A class action has been filed against Federal Home Loan Mortgage Corporation (Freddie Mac) on behalf of participants in the Federal Home Loan Mortgage Corporation Thrift/401(k) Savings Plan who allege that the corporation and the trustees of the savings plan violated the federal Employee Retirement Income Security Act (ERISA) when they failed to diversify plan holdings and allowed the plan to invest too heavily in Freddie Mac stock between January 1, 2000, and the present. The action seeks unspecified compensatory damages.

On June 9, 2003, Freddie Mac announced that certain officers had resigned or been fired over allegations relating to accounting improprieties during the period that the action covers. On this news, Freddie Mac common stock value fell by 16%, on trading volume nearly 15 times its normal level. On July 23, another report was released, in which the company related that top company executives had routinely under-reported profits in order to control investors' earnings expectations. This created a cash reserve so that the company could easily cover future losses. Freddie Mac has now admitted that it failed to report between $1.5 and $4.5 billion of earnings since January 2000.

The action alleges that plan participants are allowed to invest up to 15% of their paychecks in the savings plan. Freddie Mac matches 100% of employee contributions up to 6% of a participant's salary. Because company executives, acting on the company's behalf, were responsible for both the under-reporting of the company's earnings and the administration of the savings plan, the action alleges that they breached their fiduciary duties to the plan by forcing it to invest in company stock while they were aware of the reporting issues.


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