Investors who purchased MAT/ASTA municipal arbitrage funds between 2002 through 2005 may mistakenly believe that they have waited too long and it is too late to pursue a claim for damages against Citigroup. Fortunately, this is not the case.
While statutes of limitation may arguably bar some claims based on deceitful sales practices such as misrepresentation and omission for some early MAT/ASTA investors, other legal claims exist that are clearly not barred, even for early investors in the funds. That was demonstrated by an August 2010 Financial Industry Regulatory Authority (FINRA) award exceeding $1.8 million to a MAT/ASTA investor. See Gerald J. Kazma, as Trustee of the Gerald J. Kazma Revocable Trust, et al. vs. Citigroup Global Markets, Inc., et al, FINRA Dispute Resolution Arbitration Number 09-02697.
In the Kazma case, the arbitrators specifically found that Citigroup and Citigroup Alternative Investments, LLC negligently mismanaged the MAT/ASTA funds and negligently supervised their employees. Because Citigroup’s mismanagement of MAT/ASTA began during 2006 through 2007 and continued through early 2008, even early investors in the funds are now eligible to pursue their claims. Thus, claims based on mismanagement and negligent supervision in 2006 and 2007 remain actionable under the laws of most states.
The impact of the decision is that it greatly expands the number of potential clients who can pursue valid claims against Citigroup and its affiliates. The Kazma award also strongly suggests that any MAT/ASTA investor, even a Citigroup employee who had no involvement with the funds, can file a claim for negligent management and may well recover his losses.
While there is, of course, no guarantee that other arbitration panels will follow the Kazma award and reach the same conclusion, the decision is nonetheless significant in that it gives many MAT/ASTA investors the opportunity to finally recover the damages they sustained through no fault of their own.
Page Perry is an Atlanta-based law firm with over 125 years collective experience representing investors in securities-related litigation and arbitration. While past results are not indicative of future success, Page Perry’s attorneys have recovered over $1,000,000 for clients on more than 30 occasions. Page Perry’s attorneys have extensive experience in representing investors in FINRA securities arbitrations, including MAT/ASTA investors. For further information, please contact us.