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Oppenheimer's next legal headache

March 27, 2012: 10:51 AM ET

Public pension sues Oppenheimer over private equity accounting.

Last week we reported about the SEC investigation into Oppenheimer & Co. (OPY), which has been accused of improperly marking up one of its private equity investments in an attempt to solicit investors. Now the Brockton Retirement Board, which manages money for public employees in Brockton, MA, has filed suit against Oppenheimer for alleged violations of federal securities law.

The suit is intended to be a class action, although it does not appear that any other plaintiffs have yet signed on.

BRB committed $5 million to the Oppenheimer fund in March 2010, or five months after OPCO marked up the value of an underlying asset to par (rather than at cost, per the valuation methodology of the underlying manager). It basically is accusing Oppenheimer of using false information to solicit investments, and is requesting a jury trial and unspecified damages.

Read the complaint below:

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Dan Primack
Dan Primack
Senior Editor, Fortune

Dan Primack joined Fortune.com in September 2010 to cover deals and dealmakers, from Wall Street to Sand Hill Road. Previously, Dan was an editor-at-large with Thomson Reuters, where he launched both peHUB.com and the peHUB Wire email service. In a past journalistic life, Dan ran a community paper in Roxbury, Massachusetts. He currently lives just outside of Boston.

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