Lawyers for Wachovia Capital Markets filed documents in Kansas City Federal Court asking the court to dismiss NCUA’s securities fraud case against the firm now owned by Wells Fargo. Central to Wachovia’s argument is a question that has haunted the NCUA ever since the collapse of U.S. Central FCU: Why didn’t the corporate more carefully consider the risks involved in purchasing $122 million worth of alt-A-backed MBS?

According to court documents, Wachovia contests NCUA’s claim that the MBS offering documents contained “untrue statements of material fact or omitted to state material facts” in violation of the federal Securities Act of 1933 and the Kansas Uniform Securities Act. The agency claims loan originators “systematically abandoned” disclosed underwriting guidelines.

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