Published: December 01, 2005
Stull, Stull & Brody Announces Class Action Against Wells Fargo & Company on Behalf of Those Who Purchased Fidelity Mutual Funds From Wells Fargo
Notice is hereby given that a class action
lawsuit was filed on November 4, 2005 in the United States District Court
for the Northern District of California against Wells Fargo & Company and
certain of its affiliates, on behalf of those who purchased Fidelity mutual
funds from Wells Fargo Investments, LLC ("Wells Fargo Investments") during
the period between June 30, 2000 and June 8, 2005, inclusive (the "Class
Period").
If you purchased Fidelity mutual funds, Wells Fargo mutual funds, or any
funds participating in the Wells Fargo and H.D. Vest Investment Services,
LLC ("H.D. Vest") revenue sharing programs ("Wells Fargo Preferred Funds"
and "H.D. Vest Preferred Funds," as defined below) through a Wells Fargo
Investments or H.D. Vest broker between June 30, 2000 and June 8, 2005,
inclusive, and sustained damages, you may, no later than January 10, 2006,
request that the Court appoint you as lead plaintiff. A lead plaintiff is
a representative party that acts on behalf of other class members in
directing the litigation. In order to be appointed lead plaintiff, the
Court must determine that the class member's claim is typical of the claims
of other class members, and that the class member will adequately represent
the class. Under certain circumstances, one or more class members may
together serve as "lead plaintiff." Your ability to share in any recovery
is not, however, affected by the decision whether or not to serve as a lead
plaintiff. You may retain Stull, Stull & Brody, or other counsel of your
choice, to serve as your counsel in this action. Stull, Stull & Brody has
litigated many class actions for violations of securities laws in federal
courts over the past 30 years and has obtained court approval of
substantial settlements on numerous occasions. Stull, Stull & Brody
maintains offices in both New York and Los Angeles.
The Fidelity mutual funds and their respective symbols are as follows:
Fidelity Advisor Intl Sm Cap Opp (NASDAQ: FOPBX) (NASDAQ: FOPCX) (NASDAQ: FOPIX) (NASDAQ: FOPTX)
Fidelity Aggressive Growth (NASDAQ: FDEGX)
Fidelity Aggressive Intl (NASDAQ: FIVFX)
Fidelity Arizona Municipal Income (NASDAQ: FSAZX)
Fidelity Asset Manager (NASDAQ: FASMX)
Fidelity Asset Manager: Aggressive (NASDAQ: FAMRX)
Fidelity Asset Manager: Growth (NASDAQ: FASGX)
Fidelity Asset Manager: Income (NASDAQ: FASIX)
Fidelity Balanced (NASDAQ: FBALX)
Fidelity Blue Chip Growth (NASDAQ: FBGRX)
Fidelity Blue Chip Value Fund (NASDAQ: FBCVX)
Fidelity California Municipal Income (NASDAQ: FCTFX)
Fidelity Canada (NASDAQ: FICDX)
Fidelity Capital & Income (NASDAQ: FAGIX)
Fidelity Capital Appreciation (NASDAQ: FDCAX)
Fidelity China Region (NASDAQ: FHKCX)
Fidelity Congress Street (NASDAQ: CNGRX)
Fidelity Connecticut Municipal Income (NASDAQ: FICNX)
Fidelity Contrafund (NASDAQ: FCNTX)
Fidelity Convertible Securities (NASDAQ: FCVSX)
Fidelity Disciplined Equity (NASDAQ: FDEQX)
Fidelity Discovery Fund (NASDAQ: FDSVX)
Fidelity Diversified International (NASDAQ: FDIVX)
Fidelity Dividend Growth (NASDAQ: FDGFX)
Fidelity Emerging Markets (NASDAQ: FEMKX)
Fidelity Equity-Income (NASDAQ: FEQIX)
Fidelity Equity-Income II (NASDAQ: FEQTX)
Fidelity Europe (NASDAQ: FIEUX)
Fidelity Europe Capital Appreciation (NASDAQ: FECAX)
Fidelity Exchange (NASDAQ: FDLEX)
Fidelity Export & Multinational (NASDAQ: FEXPX)
Fidelity Fifty (NASDAQ: FFTYX)
Fidelity Floating Rate High Income (NASDAQ: FFRHX)
Fidelity Florida Municipal Income (NASDAQ: FFLIX)
Fidelity Focused Stock (NASDAQ: FTQGX)
Fidelity Four-in-One Index (NASDAQ: FFNOX)
Fidelity Freedom 2000 (NASDAQ: FFFBX)
Fidelity Freedom 2005 (NASDAQ: FFFVX)
Fidelity Freedom 2010 (NASDAQ: FFFCX)
Fidelity Freedom 2015 (NASDAQ: FFVFX)
Fidelity Freedom 2020 (NASDAQ: FFFDX)
Fidelity Freedom 2025 (NASDAQ: FFTWX)
Fidelity Freedom 2030 (NASDAQ: FFFEX)
Fidelity Freedom 2035 (NASDAQ: FFTHX)
Fidelity Freedom 2040 (NASDAQ: FFFFX)
Fidelity Freedom Income (NASDAQ: FFFAX)
Fidelity Ginnie Mae (NASDAQ: FGMNX)
Fidelity Global Balanced (NASDAQ: FGBLX)
Fidelity Government Income (NASDAQ: FGOVX)
Fidelity Growth & Income (NASDAQ: FGRIX)
Fidelity Growth & Income II (NASDAQ: FGRTX)
Fidelity Growth Company (NASDAQ: FDGRX)
Fidelity High Income (NASDAQ: SPHIX)
Fidelity Independence (NASDAQ: FDFFX)
Fidelity Inflation-Protected Bond (NASDAQ: FINPX)
Fidelity Instl Short-Interm Govt (NASDAQ: FFXSX)
Fidelity Intermediate Bond (NASDAQ: FTHRX)
Fidelity Intermediate Government (NASDAQ: FSTGX)
Fidelity Intermediate Municipal Income (NASDAQ: FLTMX)
Fidelity International Discovery (NASDAQ: FIGRX)
Fidelity International Small Cap (NASDAQ: FISMX)
Fidelity International Small Cap Opp (NASDAQ: FSCOX)
Fidelity Investment Grade Bond (NASDAQ: FBNDX)
Fidelity Japan (NASDAQ: FJPNX)
Fidelity Japan Smaller Companies (NASDAQ: FJSCX)
Fidelity Large Cap Growth (NASDAQ: FSLGX)
Fidelity Large Cap Stock (NASDAQ: FLCSX)
Fidelity Large Cap Value (NASDAQ: FSLVX)
Fidelity Latin America (NASDAQ: FLATX)
Fidelity Leveraged Company Stock (NASDAQ: FLVCX)
Fidelity Low-Priced Stock (NASDAQ: FLPSX)
Fidelity Magellan (NASDAQ: FMAGX)
Fidelity Maryland Municipal Income (NASDAQ: SMDMX)
Fidelity Massachusetts Municipal Income (NASDAQ: FDMMX)
Fidelity Michigan Municipal Income (NASDAQ: FMHTX)
Fidelity Mid Cap Growth (NASDAQ: FSMGX)
Fidelity Mid Cap Value (NASDAQ: FSMVX)
Fidelity Mid-Cap Stock (NASDAQ: FMCSX)
Fidelity Minnesota Municipal Income (NASDAQ: FIMIX)
Fidelity Mortgage Secs (NASDAQ: FMSFX)
Fidelity Municipal Income (NASDAQ: FHIGX)
Fidelity NASdaq Composite Index (NASDAQ: FNCMX)
Fidelity New Jersey Municipal Income (NASDAQ: FNJHX)
Fidelity New Markets Income (NASDAQ: FNMIX)
Fidelity New Millennium (NASDAQ: FMILX)
Fidelity New York Municipal Income (NASDAQ: FTFMX)
Fidelity Nordic (NASDAQ: FNORX)
Fidelity Ohio Municipal Income (NASDAQ: FOHFX)
Fidelity OTC (NASDAQ: FOCPX)
Fidelity Overseas (NASDAQ: FOSFX)
Fidelity Pacific Basin (NASDAQ: FPBFX)
Fidelity Pennsylvania Municipal Income (NASDAQ: FPXTX)
Fidelity Puritan (NASDAQ: FPURX)
Fidelity Real Estate Income (NASDAQ: FRIFX)
Fidelity Real Estate Investment (NASDAQ: FRESX)
Fidelity Select Air Transportation (NASDAQ: FSAIX)
Fidelity Select Automotive (NASDAQ: FSAVX)
Fidelity Select Banking (NASDAQ: FSRBX)
Fidelity Select Biotechnology (NASDAQ: FBIOX)
Fidelity Select Brokerage & Investmnt (NASDAQ: FSLBX)
Fidelity Select Business Serv&Outsrcg (NASDAQ: FBSOX)
Fidelity Select Chemicals (NASDAQ: FSCHX)
Fidelity Select Computers (NASDAQ: FDCPX)
Fidelity Select Construction&Housing (NASDAQ: FSHOX)
Fidelity Select Consumer Industries (NASDAQ: FSCPX)
Fidelity Select Cyclical Industries (NASDAQ: FCYIX)
Fidelity Select Defense & Aerospace (NASDAQ: FSDAX)
Fidelity Select Developing Comm (NASDAQ: FSDCX)
Fidelity Select Electronics (NASDAQ: FSELX)
Fidelity Select Energy (NASDAQ: FSENX)
Fidelity Select Energy Service (NASDAQ: FSESX)
Fidelity Select Environmental (NASDAQ: FSLEX)
Fidelity Select Financial Services (NASDAQ: FIDSX)
Fidelity Select Food & Agriculture (NASDAQ: FDFAX)
Fidelity Select Gold (NASDAQ: FSAGX)
Fidelity Select Health Care (NASDAQ: FSPHX)
Fidelity Select Home Finance (NASDAQ: FSVLX)
Fidelity Select Industrial Equipment (NASDAQ: FSCGX)
Fidelity Select Industrial Materials (NASDAQ: FSDPX)
Fidelity Select Insurance (NASDAQ: FSPCX)
Fidelity Select Leisure (NASDAQ: FDLSX)
Fidelity Select Medical Delivery (NASDAQ: FSHCX)
Fidelity Select Medical Equip/Systems (NASDAQ: FSMEX)
Fidelity Select Multimedia (NASDAQ: FBMPX)
Fidelity Select Natural Gas (NASDAQ: FSNGX)
Fidelity Select Natural Resources (NASDAQ: FNARX)
Fidelity Select Network & Infrastruct (NASDAQ: FNINX)
Fidelity Select Paper & Forest Prod (NASDAQ: FSPFX)
Fidelity Select Pharmaceuticals (NASDAQ: FPHAX)
Fidelity Select Retailing (NASDAQ: FSRPX)
Fidelity Select Software & Comp (NASDAQ: FSCSX)
Fidelity Select Technology (NASDAQ: FSPTX)
Fidelity Select Telecommunications (NASDAQ: FSTCX)
Fidelity Select Transportation (NASDAQ: FSRFX)
Fidelity Select Utilities Growth (NASDAQ: FSUTX)
Fidelity Select Wireless (NASDAQ: FWRLX)
Fidelity Short-Intermediate Muni Income (NASDAQ: FSTFX)
Fidelity Short-Term Bond (NASDAQ: FSHBX)
Fidelity Small Cap Growth (NASDAQ: FCPGX)
Fidelity Small Cap Independence (NASDAQ: FDSCX)
Fidelity Small Cap Retirement (NASDAQ: FSCRX)
Fidelity Small Cap Stock (NASDAQ: FSLCX)
Fidelity Small Cap Value (NASDAQ: FCPVX)
Fidelity Southeast Asia (NASDAQ: FSEAX)
Fidelity Spartan 500 Index (NASDAQ: FSMKX)
Fidelity Spartan Extended Mkt Index (NASDAQ: FSEMX)
Fidelity Spartan Government Income (NASDAQ: SPGVX)
Fidelity Spartan International Index (NASDAQ: FSIIX)
Fidelity Spartan Investment Gr Bond (NASDAQ: FSIBX)
Fidelity Spartan Total Market Index (NASDAQ: FSTMX)
Fidelity Spartan U.S. Equity Index (NASDAQ: FUSEX)
Fidelity Stock Selector (NASDAQ: FDSSX)
Fidelity Strategic Dividend & Income (NASDAQ: FSDIX)
Fidelity Strategic Income (NASDAQ: FSICX)
Fidelity Tax-Free Bond (NASDAQ: FTABX)
Fidelity Tax-Managed Stock (NASDAQ: FTXMX)
Fidelity Total Bond (NASDAQ: FTBFX)
Fidelity Trend (NASDAQ: FTRNX)
Fidelity U.S. Bond Index (NASDAQ: FBIDX)
Fidelity Ultra-Short Bond (NASDAQ: FUSFX)
Fidelity Utilities (NASDAQ: FIUIX)
Fidelity Value (NASDAQ: FDVLX)
Fidelity Value Discovery (NASDAQ: FVDFX)
Fidelity Value Strategies (NASDAQ: FSLSX)
Fidelity Worldwide (NASDAQ: FWWFX)
The Wells Fargo Preferred Funds include mutual funds in the following
mutual fund families: Franklin Templeton Investments, Putnam Investments,
MFS Investment Management, Fidelity Investments, Evergreen Investments,
Alliance Bernstein Investment Research and Management, Van Kampen
Investments, AIM Distributors, Inc., Oppenheimer Funds, Inc., Eaton Vance
Managed Investments, ING Funds Distributors, LLC, Allianz Global Investors
Distributors, LLC, Federated, The Hartford Mutual Funds, Dreyfus Service
Corporation, Delaware Investments, Pioneer Investment Management, Inc.,
Scudder Investments, and Wells Fargo Mutual Funds.
The H.D. Vest Preferred Funds include mutual funds in the following mutual
fund families: Oppenheimer Funds, Putnam Investments, Scudder Investments,
MFS Investment Management, Van Kampen Investments, Lincoln Financial
Distributors, AIM Investments, Phoenix Investment Partners, John Hancock
Funds, Wells Fargo Funds, American Funds, and Franklin Templeton
Investments.
The action is pending in the United States District Court for the Northern
District of California against defendant Wells Fargo & Company and certain
of its affiliated entities. The complaint alleges that during the Class
Period, defendants served as financial advisors who purportedly provided
unbiased and honest investment advice to their clients. Unbeknownst to
investors, defendants, in clear contravention of their disclosure
obligations and fiduciary responsibilities, failed to properly disclose
that they had engaged in a scheme to aggressively push Wells Fargo
Investments and H.D. Vest sales personnel to steer clients into purchasing
certain Wells Fargo Funds and Wells Fargo and H.D. Vest Preferred Funds
(collectively, "Shelf Space Funds") that provided financial incentives and
rewards to Wells Fargo and H.D. Vest and their personnel based on sales.
The complaint alleges that defendants' undisclosed sales practices created
an insurmountable conflict of interest by providing substantial monetary
incentives to sell Shelf-Space Funds to their clients, even though such
investments were not in the clients' best interest. Wells Fargo
Investments and H.D. Vest's failure to disclose the incentives constituted
violations of federal securities laws.
The action also includes a subclass of persons who held any shares of
Wells Fargo Mutual Funds. The complaint additionally alleges that the
investment advisor subsidiary of Wells Fargo, Wells Fargo Funds Management,
created further undisclosed material conflicts of interest by entering into
revenue sharing agreements with brokers at Wells Fargo Investments and H.D.
Vest to push investors into Wells Fargo Funds, regardless of whether such
investments were in the investors' best interests. The investment advisors
financed these arrangements by illegally charging excessive and improper
fees to the fund that should have been invested in the underlying
portfolio. In doing so they breached their fiduciary duties to investors
under the Investment Company Act and state law and decreased shareholders'
investment returns.
The action includes a second subclass of persons who purchased a Wells
Fargo Financial Plan that held Wells Fargo Funds. The Wells Fargo
Financial Plans include, but are not limited to Full Service Brokerage
Accounts, Wells Asset Management accounts, WellsChoice account, and
WellsSelect account.
If you wish to discuss this action or have any questions concerning this
notice or your rights or interests with respect to these matters, please
contact Tzivia Brody at Stull, Stull & Brody by calling toll-free
1-800-337-4983, or by e-mail at SSBNY@aol.com, or by fax at
212/490-2022, or by writing to Stull, Stull & Brody, 6 East 45th Street,
New York, NY 10017. You can also visit our website at www.ssbny.com.
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