Lerach Coughlin Stoia Geller Rudman & Robbins LLP Files Class Action Suit against Sunterra Corporation
2006年7月19日 - 8:00AM
ビジネスワイヤ(英語)
Lerach Coughlin Stoia Geller Rudman & Robbins LLP ("Lerach
Coughlin") (http://www.lerachlaw.com/cases/sunterra/) today
announced that a class action has been commenced in the United
States District Court for the District of Nevada on behalf of
purchasers of Sunterra Corporation ("Sunterra") (OTC:SNRR.PK)
publicly traded securities during the period between August 14,
2003 and May 17, 2006 (the "Class Period"). If you wish to serve as
lead plaintiff, you must move the Court no later than 60 days from
July 12, 2006. If you wish to discuss this action or have any
questions concerning this notice or your rights or interests,
please contact plaintiff's counsel, William Lerach or Darren
Robbins of Lerach Coughlin at 800/449-4900 or 619/231-1058, or via
e-mail at wsl@lerachlaw.com. If you are a member of this class, you
can view a copy of the complaint as filed or join this class action
online at http://www.lerachlaw.com/cases/sunterra/. Any member of
the purported class may move the Court to serve as lead plaintiff
through counsel of their choice, or may choose to do nothing and
remain an absent class member. The complaint charges Sunterra and
certain of its officers and directors with violations of the
Securities Exchange Act of 1934. Sunterra, together with its
subsidiaries, engages in the development, marketing, sales,
financing, management, and operation of vacation ownership resorts
and the points-based vacation ownership club "Club Sunterra" in
North America, Hawaii, the Caribbean, and Europe. The complaint
alleges that during the Class Period, defendants issued false and
materially misleading statements regarding the Company's stellar
growth and claimed that the Company's controls were providing
increased transparency. As a result of defendants' false
statements, Sunterra's stock traded at inflated levels of as high
as $16.72 per share during the Class Period, which allowed its top
officers to reap tens of millions of dollars in ill-gotten bonuses.
On May 3, 2006, the Company announced that pursuant to an internal
investigation of allegations made by an individual formerly
employed by the Company's Spanish operations, the Company
determined that it had underpaid withholding taxes in Spain on
wages paid to employees of Sunterra Europe and that it had
voluntarily made a payment of $3.1 million to Spanish tax
authorities. Then on May 17, 2006, the Company announced that it
had received a letter from the staff of The Nasdaq Stock Market on
May 15, 2006, indicating that, as a result of the Company not
timely filing the Quarterly Report on Form 10-Q for the quarter
ended March 31, 2006, the Company was not in compliance with
Nasdaq's filing requirement, and that unless the Company requested
a hearing in accordance with Nasdaq rules, the Company's securities
would be delisted from The Nasdaq National Market. As the above
revelations seeped into the market, the Company's stock fell 34%
from its Class Period high. According to the complaint, the true
facts, which were known by the defendants but concealed from the
investing public during the Class Period, were as follows: (a) the
Company's reported expenses were materially understated; (b) the
Company's so-called "record" financial results were not genuine but
rather the result of defendants' accounting manipulations; (c) the
Company's reported net income was grossly inflated; and (d) as a
result of the above, the Company's projections for fiscal year 2006
were grossly inflated and the Company was in technical default on
its subordinated note agreement. Plaintiff seeks to recover damages
on behalf of all purchasers of Sunterra publicly traded securities
during the Class Period (the "Class"). The plaintiff is represented
by Lerach Coughlin, which has expertise in prosecuting investor
class actions and extensive experience in actions involving
financial fraud. Lerach Coughlin, a 180-lawyer firm with offices in
San Diego, San Francisco, Los Angeles, New York, Boca Raton,
Washington, D.C., Houston, Philadelphia and Seattle, is active in
major litigations pending in federal and state courts throughout
the United States and has taken a leading role in many important
actions on behalf of defrauded investors, consumers, and companies,
as well as victims of human rights violations. Lerach Coughlin
lawyers have been responsible for more than $20 billion in
aggregate recoveries. The Lerach Coughlin Web site
(http://www.lerachlaw.com) has more information about the firm.
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