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In re New Century Securities Litigation
(United States District Court for the Central District of California)

Securities fraud class action filed on behalf of a class of persons and entities who purchased or acquired the securities of New Century Financial Corp. (“New Century” or the “Company”) between February 3, 2005 and March 2, 2007 (the “Class Period”). On June 26, 2007, the Honorable Dean D. Pregerson appointed BLB&G client the New York State Teachers’ Retirement System as Lead Plaintiff and BLB&G as Lead Counsel for the Class.

Plaintiffs allege violations of the federal securities laws by New Century senior officers and directors, including, Defendants Brad A. Morrice, Patti M. Dodge, Edward F. Gotschall and Robert K. Cole (the “Individual Defendants”), New Century’s auditor, KPMG LLP, as well as certain underwriters of New Century preferred shares during the Class Period. The case against New Century is stayed as a result of protections afforded by the federal bankruptcy laws.

On April 30, 2008, Lead Plaintiff filed an Amended Consolidated Class Action Complaint. Click here to view the Complaint. 

This action arises from the sudden collapse of New Century, a now bankrupt mortgage finance company focused on the subprime credit market. New Century was organized as a real estate investment trust (“REIT”) under the laws of the State of Maryland, with its principal executive offices in Irvine, California. Until recently, the Company’s common stock traded on the New York Stock Exchange (“NYSE”) under the symbol “NEW.”

Throughout the Class Period, New Century and the Individual Defendants artificially inflated the price of its securities through false and misleading statements concerning its management of the significant risks inherent in its mortgage lending business. In particular, the Company maintained grossly inadequate reserves against losses associated with loan delinquencies. These understated reserves, which detract directly from the Company’s earnings, caused the Company to significantly overstate its publicly reported earnings. The manipulation likewise created the false impression that New Century employed appropriate mechanisms and procedures to manage the risks associated with its subprime lending business, thereby bolstering the Company’s numerous false statements to that effect during the Class Period.

The investing public began to learn the true state of affairs at the Company when, on February 7, 2007, New Century announced that it would restate its financials for the first three quarters of 2006 and delayed filing its annual report on Form 10-K for the fiscal year ended December 31, 2006. According to the Company, its “restated net income [would be] significantly lower than previously reported” for all three quarters as a result of the improper application of generally accepted accounting principles (“GAAP”) to the Company’s financial reserves for loan delinquencies. In essence, New Century admitted to overstating its financial performance by maintaining inadequate reserves to cover the bad loans for which it was liable. Subsequently, the Company has admitted that it is likely its financial statements for prior periods were similarly misstated.

The February 7, 2007 announcement stunned the market, wiping out over $600 million in market value in a one-day 36% drop from $30.16 to $19.24 per share, and commenced a steady decline in the price of New Century stock to its current, nearly worthless levels. Since the beginning of these disclosures, over $1.6 billion in market capitalization has been eliminated. The Securities and Exchange Commission (“SEC”), U.S. Attorney’s Office, and the Market Trading Analysis Department of the NYSE all have commenced investigations.

Firm partners Blair A. Nicholas, Salvatore Graziano and Hannah Ross and associates Lauren McMillen and Takeo Kellar are responsible for prosecuting this action.


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