The lawsuit alleges violations of United States securities laws on behalf of the OGR Fund's investors since its inception in July, 2008. The lawsuit alleges that the OGR Fund and others violated Sections 12(a)(2) and/or 15 of the Securities Act of 1933 and the rules promulgated thereunder by the Securities and Exchange Commission ("SEC").
The complaint asserts that the solicitation documents used to entice investments in the OGR Fund (the "Solicitation Materials") contained materially untrue and misleading statements regarding: (i) the purported value of the OGR Fund's holdings, (ii) the profitability and performance of the OGR Fund, and (iii) the policies and procedures to be used by the OGR Fund in conducting due diligence into the performance and valuation of its assets. Specifically, the Solicitation Documents overstated the value of the OGR Fund's holdings as well as the OGR Fund's profitability and financial performance due to a failure of the OGR Fund's procedures and in violation of applicable laws and standards.
On February 24, 2012, an article in The Wall Street Journal reported that the United States Attorney's Office for the District of Massachusetts, the SEC and the Massachusetts Attorney General's Office have been investigating the OGR Fund since the fall of 2011, sending multiple subpoenas to the OGR Fund's employees. The investigations have focused on whether the OGR Fund has been incorrectly valuing its investments.
