Institutionalinvestors that invest in bonds, particularly section 144A bonds, and in structured debt generally buy these financial instruments to hold rather than resell and are frequently held only by the original purchaser.
Therefore, institutionalinvestors that are bondholders and structured debt holders which have suffered losses due to financial fraud, generally, can only recover losses through securities litigation and not through the netting of “winning” transactions from other bond purchases.
Therefore, institutionalinvestors that purchase equity in a company in which systemic fraud is present may unwittingly receive some “winning” transaction, but may wish to seek recovery of assets from the company and its officers and directors to further dissuade the systemic fraud.
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