Coughlin Stoia Geller Rudman & Robbins LLP (“Coughlin Stoia”) (http://www.csgrr.com/cases/deutschepreferred/) today announced that a class action has been commenced in the United States District Court for the Southern District of New York on behalf of persons who acquired preferred securities pursuant or traceable to a materially false and misleading registration statement (the “Registration Statement”) filed with the SEC on October 10, 2006 by Deutsche Bank AG (“DB”). These preferred securities include the 6.375% Noncumulative Trust Preferred Securities of Deutsche Bank Capital Funding Trust VIII (NYSE:DUA); the 6.55% Trust Preferred Securities of Deutsche Bank Contingent Capital Trust II (NYSE:DXB); the 6.625% Noncumulative Trust Preferred Securities of Deutsche Bank Capital Funding Trust IX (NYSE:DTT); the 7.35% Noncumulative Trust Preferred Securities of Deutsche Bank Capital Funding Trust X (NYSE:DCE); the 7.60% Trust Preferred Securities of Deutsche Bank Contingent Capital Trust III (NYSE:DTK); and the 8.05% Trust Preferred Securities of Deutsche Bank Contingent Capital Trust V (NYSE:DKT) (collectively, the “Securities”) offered in October 2006, May 2007, July 2007, November 2007, February 2008 and May 2008, respectively (the “Offerings”).
If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from February 24, 2009. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff’s counsel, Darren Robbins of Coughlin Stoia at 800-449-4900 or 619-231-1058, or via e-mail at email@example.com. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.csgrr.com/cases/deutschepreferred/. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.
The complaint charges DB, certain of its subsidiaries, its senior insiders, the investment banks that underwrote the Offerings and DB’s auditors with violations of the Securities Act of 1933. DB is an investment bank headquartered in Frankfurt am Main, Germany, which has offices in the United States.
The complaint alleges that from October of 2006 through May of 2008, DB consummated the Offerings pursuant to the false and misleading Registration Statement, selling over 248 million shares of the Securities at $25 per share for proceeds of more than $6.2 billion.
After the Offerings, on January 14, 2009, DB issued a press release announcing disappointing fourth quarter 2008 financial results, including a loss after taxes of €4.8 billion for the fourth quarter of 2008, reflecting market conditions that severely impacted results in the sales and trading businesses, “most notably in Credit Trading including its proprietary trading business, Equity Derivatives and Equities Proprietary Trading.” As a result of this disclosure, the prices of the Securities fell dramatically
According to the complaint, the true facts which were omitted from the Registration Statement were: (a) the Company failed to properly record provisions for credit losses, residential mortgage-backed securities, commercial real estate loans, and exposure to monoline insurers; (b) the Company’s internal controls were inadequate to prevent it from improperly recording provisions for credit losses, residential mortgage-backed securities, commercial real estate loans, and the Company’s exposure to monoline insurers; (c) the Company’s internal risk management systems were inadequate to limit the Company’s exposure to credit trading, equity derivatives, and proprietary equity trading; and (d) the Company was not as well capitalized as represented, and, notwithstanding the billions of dollars raised in the Offerings, the Company would have to raise an additional €10 billion by selling equity in the Company to the German government.
Plaintiff seeks to recover damages on behalf of all persons who acquired the Securities pursuant or traceable to the Registration Statement issued in connection with the Offerings (the “Class”). The plaintiff is represented by Coughlin Stoia, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.
Coughlin Stoia, a 190-lawyer firm with offices in San Diego, San Francisco, Los Angeles, New York, Boca Raton, Washington, D.C., Philadelphia and Atlanta, is active in major litigations pending in federal and state courts throughout the United States and has taken a leading role in many important actions on behalf of defrauded investors, consumers, and companies, as well as victims of human rights violations. The Coughlin Stoia Web site (http://www.csgrr.com) has more information about the firm.
Darren Robbins, 800-449-4900 or 619-231-1058