A Massachusetts federal judge has stepped aside from a high-stakes lawsuit accusing accounting powerhouse BDO USA and senior executives of inflating the price of company stock sold to an employee stock ownership plan, a $1.3 billion transaction now under intense scrutiny.
The ESOP BDO judge exit unfolded after U.S. District Judge Richard G. Stearns disclosed a potential conflict tied to his wife’s financial holdings, prompting his recusal from the proposed class action.
Judge Cites Spousal Financial Interest
Judge Stearns entered an electronic recusal order Friday in a case brought by Tristin Taylor, a BDO employee who filed suit in January under the Employee Retirement Income Security Act (ERISA). Taylor alleges that BDO’s privately held shares were significantly overvalued and that the company violated its fiduciary duties by pushing the deal through to benefit top leadership.
In a September amended complaint, proposed class members — all participants in the BDO ESOP — contend that State Street Global Advisors Trust Co. was deliberately left unaware of an internal campaign to fast-track the transaction at an inflated valuation. While State Street is not named as a defendant, the complaint paints it as a key player whose role could loom large if the case proceeds.
Judge Stearns noted that connection proved decisive.
“My wife is a former executive of State Street Bank and as a result holds a substantial number of its shares in her retirement account,” Stearns wrote. “While State Street is not named as a defendant, if Taylor’s amended complaint is permitted to proceed to trial, State Street is a necessary witness.”
