NEW YORK, March 28 (Reuters) - A U.S. judge on Thursday
dismissed seven lawsuits by investors who accused Goldman Sachs
Group Inc ( GS ) and Morgan Stanley ( MS ) of misconduct that
fueled the rapid March 2021 collapse of Bill Hwang's $36 billion
firm Archegos Capital Management.
U.S. District Judge Jed Rakoff in Manhattan dismissed the
investors' market manipulation and insider trading claims with
prejudice, meaning they cannot be brought again.
A different judge had dismissed the lawsuits last March, but
let the investors sue Goldman and Morgan Stanley ( MS ) again. The Wall
Street banks had been two of Archegos' prime brokers.
Archegos' collapse stemmed from Hwang's use of financial
contracts known as total return swaps to take outsized stakes in
his favorite holdings including ViacomCBS, Discovery and Baidu ( BIDU )
, building an estimated $160 billion of stock exposure.
Investors in Hwang's stocks sought to hold Goldman and
Morgan Stanley ( MS ) liable for selling those stocks, based on their
inside knowledge that Hwang would also be a seller because he
was unable to meet margin calls.
The investors said the combined selling saddled them with
huge losses, while Goldman and Morgan Stanley ( MS ) escaped billions
of dollars of losses of their own.
In a one-paragraph order, Rakoff did not explain his
reasoning and said an opinion would follow in due course.
Lawyers representing the investors did not immediately
respond to requests for comment. Goldman did not immediately
respond to similar requests. Morgan Stanley ( MS ) declined to comment.
Archegos' collapse caused billions of dollars in losses for
banks such as Credit Suisse, which was later bought by Swiss
rival UBS, and Japan's Nomura Holdings ( NMR ).
Hwang and former Archegos Chief Financial Officer Patrick
Halligan face a scheduled May 8 criminal trial in Manhattan over
their roles in the collapse.
Both pleaded not guilty to securities fraud, wire fraud and
racketeering conspiracy charges. Hwang has also pleaded not
guilty to separate market manipulation charges. The trial could
last months.
The investor lawsuits in the U.S. District Court, Southern
District of New York are Tan v. Goldman Sachs Group Inc ( GS ) et al,
No. 21-08413; Florio v. Goldman Sachs Group Inc ( GS ) et al, No.
21-08618; Merson v. Goldman Sachs Group Inc ( GS ) et al, No. 21-08752;
Ulanch v. Goldman Sachs Group Inc ( GS ) et al, No. 21-08897; Felix v.
Goldman Sachs Group Inc ( GS ) et al, No. 21-10286; Scully v. Goldman
Sachs Group Inc ( GS ) et al, No. 21-10791, and Lee v. Goldman Sachs
Group Inc ( GS ) et al, No. 22-00169.