The suit, which was filed on behalf of hundreds of current and former
Sterling Equities employees in the U.S. District Court for the Southern
District of New York in July 2010 (see "Mets Management Beaned by 401(k) Suit"),
accused Sterling, Mets principal owner Fred Wilpon, and two other
401(k) plan trustees of breaching their fiduciary duties by mishandling
investments with Madoff and his firm Bernard L. Madoff Investment
According to the complaint, Sterling invested $16.2 million, or
92%, of the plan's $17.6 million of assets with Madoff. There were 267
plan participants at the start of 2008, the complaint said. Lawyers for Sterling and the plaintiffs said the agreement in
principle identifies "the primary terms" of a settlement. Both sides
hope to file a settlement "as promptly as practicable," perhaps as soon
as this month.
According to Reuters, terms of the settlement were not disclosed.
The case is Goldweber v. Sterling Equities Associates et al, U.S. District Court, Southern District of New York, No. 10-05786.