NEW YORK, July 7 (Reuters) - UBS must face two
lawsuits by investors who said the former Credit Suisse
defrauded them prior to its March 2023 demise with false and
misleading statements about its financial condition, a U.S.
judge ruled on Monday.
U.S. District Judge Colleen McMahon in Manhattan said Core
Capital Partners may sue on behalf of U.S. purchasers of Credit
Suisse Additional Tier 1 bonds, which a Swiss regulator ordered
written down to zero as part of UBS' rescue of that bank.
McMahon also said U.S. purchasers of Credit Suisse's
American depositary shares and several other bond issues may
pursue their separate lawsuit, which she refused to dismiss last
September, as a group in a class action.
She declined to combine the two lawsuits, after Core Capital
accused the lead plaintiff in the other case, a New York
University engineering professor, of having "abandoned" the AT1
bondholders.
UBS declined to comment.
Other defendants include Credit Suisse's former chief
executive Ulrich Koerner, former chairman Axel Lehmann and
former chief financial officer Dixit Joshi. Their lawyers did
not immediately respond to requests for comment.
AT1 bonds are a capital cushion that can support banks
during market turmoil.
Though they rank above shares in banks' capital structures,
Switzerland's financial regulator FINMA ordered Credit Suisse to
write down 16 billion Swiss francs (now about $20 billion) of
the bonds, while letting UBS buy that bank for $3 billion.
The writedown shocked investors and prompted many lawsuits
in the United States and Europe.
In seeking a dismissal of Core Capital's lawsuit, the
defendants said the FINMA-ordered writedown, not any alleged
fraudulent misstatements, caused the bondholder losses.
But the judge found it plausible that disclosures of the
defendants' alleged fraud caused the value of the AT1 bonds to
decline, "ultimately culminating in the eventual write-down of
all Credit Suisse AT1 bonds to a value of zero."
In February 2024, McMahon dismissed a separate U.S. investor
lawsuit blaming two decades of "continuous mismanagement" for
Credit Suisse's collapse.