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Stanford Law School


First Trust Portfolios, L.P. : First Trust Strategic High Income Fund
Summary: The original complaint alleges that the Funds and the Funds' registrants, the Funds' adviser, First Trust Advisors L.P., the Funds' sub-advisers, and certain of the Funds' officers and/or directors with violations of the Securities Exchange Act of 1934 and the Securities Act of 1933.

Specifically, the complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Funds' portfolios and financial results. As a result of defendants' false statements, the Funds' shares traded at artificially inflated prices during the Class Period. Beginning in August 2007 and continuing through July 2008, the Funds began to acknowledge the serious deterioration in the Funds' portfolios. As a result of these disclosures, the price of the Funds' shares collapsed.

According to the complaint, the true facts which were omitted from the Registration Statements/Prospectuses or were known by the defendants but concealed from the investing public during the Class Period were as follows: (a) the Funds lacked effective controls and hedges to minimize the risk of loss from mortgage delinquencies which affected a large part of their portfolios; (b) the Funds lacked effective internal controls to ensure that the Funds would remain in compliance with restrictions and limitations related to their investment portfolios and strategies; (c) the extent of the Funds' liquidity risk due to the illiquid nature of a large portion of the Funds' portfolios was omitted; (d) the extent of the Funds' risk exposure to mortgage-backed assets was misstated; and (e) the extent to which the Funds' portfolios were subject to fair value procedures was misstated.

According to the court minutes for January 20, 2009, The First Trust Group is appointed lead plaintiff and the law firm of Brower Piven is appointed as Lead Counsel for Lead Plaintiff and the Class and the law firm of Krislov & Associates, Ltd. is appointed as Liaison Counsel for Lead Plaintiff and the Class. The Lead Plaintiff shall file a consolidated amended complaint by April 3, 2009. On April 30, 2009, the lead plaintiffs filed a Consolidated Amended Complaint, adding violations of Section 14(a) of the Exchange Act.

INDUSTRY CLASSIFICATION:
SIC Code:
Sector: Financial
Industry: Other (Mutual Fund)


COMPANY/ISSUER NAME: First Trust Portfolios, L.P.
COMPANY/ISSUER TICKER: FHI
COMPANY WEBSITE:

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Roger Gosselin, et al. v. First Trust Portfolios, L.P., et al.
 COURT: N.D. Illinois  DOCKET NUMBER: 08-CV-05213
 JUDGE NAME: Hon. Samuel Der-Yeghiayan
 DATE FILED: 09/12/2008  SOURCE: 
 CLASS PERIOD START: 07/26/2005  CLASS PERIOD END: 07/07/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Coughlin Stoia Geller Rudman & Robbins LLP (San Diego)
      655 West Broadway, Suite 1900, San Diego, CA, 92101
       (voice) 619.231.1058, (fax) 619.231.7423, info@csgrr.com/
  • Levin, Papantonio, Thomas, Mitchell, Echsner, & Proctor, P.A
      316 South Baylen Street - Suite 600, Pensacola, FL, 32501
       (voice) 850.435.7000, (fax) 850.436.6084,
  • Miller Law LLC
      115 S. LaSalle Street, Suite 2910, Chicago, IL, 60603
       (voice) 312.676.2665, (fax) , info@MillerLawLLC.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  3

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Complaint For Violation Of The Federal Securities Laws
    Type: Complaint Date on the document: 9/12/2008
    Motion Of The First Trust Investor Group To Consolidate Related Actions; To Be Appointed Lead Plaintiff; And To Approve Proposed Lead Plaintiff’s Choice Of Counsel
    Type: Motion Date on the document: 11/12/2008
    Order
    Type: Order Appointing LP/LC Date on the document: 01/15/2009

    REFERENCE COMPLAINT
    Roger J. Gosselin, et al. v. First Trust Advisors, L.P., et al.
     COURT: N.D. Illinois  DOCKET NUMBER: 08-CV-05213
     JUDGE NAME: 
     DATE FILED: 04/30/2009  SOURCE: 
     CLASS PERIOD START: 07/26/2005  CLASS PERIOD END: 07/07/2008
     TYPE OF COMPLAINT: Consolidated Complaint
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Brower Piven (Baltimore)
      The World Trade Center-Baltimore. 401 East Pratt Street, Suite 2525 , Baltimore, MD,
       (voice) 410.332.0030, (fax) 410.685.1300, info@browerpiven.com
  • Brower Piven (New York)
      488 Madison Avenue. Eighth Floor, New York, NY, 10022
       (voice) 212.501.9000, (fax) 212.501.0300, info@browerpiven.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Consolidated Class Action Complaint For Violation Of The Federal Securities Laws
    Type: Complaint Date on the document: 04/30/2009
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 04/30/2009

     OTHER DOCUMENTS
    Case Name and/or Number: 
    Type:  Date on the document: 

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