SOURCE: Brower Piven, A Professional Corporation

February 18, 2009 16:29 ET

Brower Piven Encourages Investors Who Have Losses in Excess of $100,000 From Investment in Cushing MLP Total Return Fund to Inquire About the Lead Plaintiff Position in Securities Fraud Class Action Lawsuit Before the April 14, 2009 Lead Plaintiff Deadline

BALTIMORE, MD--(Marketwire - February 18, 2009) - Brower Piven, A Professional Corporation announces that a class action lawsuit has been commenced in the United States District Court for the Northern District of Texas on behalf of all persons who purchased the shares of Cushing MLP Total Return Fund (the "Fund") (NYSE: SRV) during the period between September 1, 2008 and December 19, 2008, inclusive (the "Class Period").

No class has yet been certified in the above action. Members of the Class will be represented by the lead plaintiff and counsel chosen by the lead plaintiff. If you wish to choose counsel to represent you and the Class, you must apply to be appointed lead plaintiff no later than April 14, 2009 and be selected by the Court. The lead plaintiff will direct the litigation and participate in important decisions including whether to accept a settlement and how much of a settlement to accept for the Class in the action. The lead plaintiff will be selected from among applicants claiming the largest loss from investment in the Company during the Class Period. You may contact Brower Piven (through or 410/986-0036) to answer any questions you may have in that regard.

The complaint accuses Swank Energy Income Advisors, LP, Swank Capital LLC, Jerry V. Swank, Mark W. Fordyce, CPA, Brian R. Bruce, Ronald P. Trout and Edward N. McMillan of violations of the Securities Exchange Act of 1934 and the Investment Company Act of 1940 by virtue of the Company's failure to disclose during the Class Period that the full value of a $49.1 million deferred tax asset was included in the Fund's stated net asset value without establishing an appropriate valuation reserve against the risk that the Fund could or would never utilize or recognize the deferred tax asset. According to the complaint, on December 19, 2008, when the Fund wrote down the value of the $49.1 million deferred tax asset to zero, the value of the Fund's shares declined significantly.

If you have suffered a net loss for all transactions in Cushing MLP Total Return Fund during the Class Period, you may obtain additional information about this lawsuit and your ability to become a lead plaintiff by contacting Brower Piven at, by email at, by calling 410-986-0036, or at Brower Piven, A Professional Corporation, The World Trade Center-Baltimore, 401 East Pratt Street, Suite 2525, Baltimore, Maryland 21202. Attorneys at Brower Piven have combined experience litigating securities and class action cases of over 40 years. If you choose to retain counsel, you may retain Brower Piven without financial obligation or cost to you, or you may retain other counsel of your choice. You need take no action at this time to be a member of the class.

Contact Information

    Charles J. Piven
    Brower Piven, A Professional Corporation
    Baltimore, Maryland
    Email Contact