Banks Get New Review of Bid to Stop NCUA Corporate Suit

The U.S. Supreme Court told a lower court Monday to take another look at a ruling that allowed NCUA to sue a group of banks for allegedly deceiving investors about mortgage-backed securities.

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The justices ordered reconsideration of the ruling in light of a decision they reached earlier this month on the deadlines for filing some environmental suits.

NCUA filed claims against Wachovia Capital (now a unit of Wells Fargo & Co.) and Nomura Asset Acceptance Corp., which both originated subprime loans packaged into mortgage-backed securities that figured into the 2009 failure of WesCorp FCU.

The credit union regulator said credit unions invested $1.74 billion in mortgage-backed securities, many of which the agency says were riskier than the offering documents indicated.

The banks contend that federal securities law imposes a firm three-year deadline for suits -- a deadline they say the NCUA missed. A federal appeals court in Denver disagreed, citing a provision in a 1989 law that extends the time for a government regulator to sue on behalf of a failed financial institution.

In ordering reconsideration, the justices pointed to a June 9 decision in a case involving environmental suits.

NCUA has filed similar lawsuits against units of Goldman Sachs Group Inc., JPMorgan Chase & Co. and other banks.

The Supreme Court case is Nomura Home Equity Loan v. National Credit Union Administration, 13-576.

--Marian Raab contributed to this article


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