* Investors say banks stuck heads in the sand, ignored
Tricolor audits
* Tricolor notes fell below 10 cents on the dollar,
investors say
* Two Tricolor executives pleaded not guilty in criminal
cases
* Banks not available for comment or declined to comment
By Jonathan Stempel
NEW YORK, June 10 (Reuters) - JPMorgan Chase ( JPM ),
Barclays ( BCS ) and Fifth Third won the dismissal of
a lawsuit by investors who said the banks missed "giant red
flags" at the now-bankrupt subprime auto lender Tricolor while
fraudulently marketing its debt.
U.S. District Judge Jed Rakoff in Manhattan threw out the
case on Wednesday, and said he will explain his reasoning in due
course.
Holders of more than $270 million in Tricolor asset-backed notes
sold between April 2022 and June 2025 accused the banks of
"sticking their heads in the sand" while financing and
securitizing Tricolor's auto loans, on top of being major
Tricolor lenders, and enabling the company's "Ponzi-like fraud."
The 36 plaintiffs included funds run by Janus Henderson ( JHG )
, Ellington Capital Management and One William Street
Capital Management.
Barclays ( BCS ) and Cincinnati-based Fifth Third declined to comment.
JPMorgan ( JPM ) had no immediate comment.
Tricolor provided auto loans primarily in lower-income Hispanic
communities in the southwestern U.S., before filing to liquidate
in September.
The filing came 18 days before a large auto parts supplier,
First Brands, sought Chapter 11 protection from creditors.
Both bankruptcies highlighted the risk of private credit,
where investors provide capital to businesses that receive less
regulatory oversight than businesses tapping public markets.
Investors accused JPMorgan ( JPM ), Barclays ( BCS ) and Fifth Third of
falsely assuring that Tricolor notes were worth buying, even as
audits in 2022 and 2024 revealed that Tricolor inaccurately
reported loan receivables and either misdirected or "made up"
cash flow.
Some notes ended up trading below 10 cents on the dollar,
the investors said.
In seeking a dismissal, the banks said the investors "at
most" alleged negligence rather than intent to defraud. They
also said claims they "failed to stop" fraud sooner have never
justified securities fraud claims in New York federal courts.
All three banks have reported nine-figure losses from
Tricolor.
In December, Tricolor Chief Executive Daniel Chu and former
Tricolor Chief Operating Officer David Goodgame were indicted in
Manhattan for allegedly systematically defrauding creditors and
lenders, including by falsifying loan data and double-pledging
collateral. Both pleaded not guilty.