Bernstein Liebhard LLP Announces Filing of Class Action Lawsuit against Tongxin International, Ltd.
2011年2月17日 - 7:11AM
ビジネスワイヤ(英語)
Bernstein Liebhard today announced that a lawsuit has been filed
in the United States District Court for the Eastern District of New
York on behalf of a class (the “Class”) of investors who purchased
Tongxin International, Ltd. (“Tongxin” or the “Company”)
(OTCBB:TXIC) common stock between the period of May 15, 2009
through December 14, 2010, inclusive (the “Class Period”).
Plaintiffs allege that Tongxin and certain of its officers and
directors violated Section 10(b) of the Securities Exchange Act of
1934 and SEC Rule 10b-5 by failing to disclose that: (i) the
Company’s financial results, as reported, failed to properly
account for certain related-transactions, and as a result, the
Company would be unable to file its audited consolidated financial
statements for the FY 2009; (ii) the Company would not have
earnings growth, particularly in the South East Asian markets, or
meet expected earnings guidance; (iii) the Company’s top officers
were conspiring to embezzle Company funds; (iv) the Company lacked
adequate internal controls; and (v) the defendants lacked any
reasonable basis for the positive statements about Tongxin’s growth
and future business prospects.
Starting from June 30, 2010, the Company slowly began to
disclose problems previously hidden from the public, including
their failure to timely file with the SEC its required audited
consolidated financial statements, the delisting of the Company’s
stock on NASDAQ, the Company’s lowered expected revenues for fiscal
year 2010, removal of key executives, and the announcement of the
Company’s legal proceedings against their former Chief Executive
Officer and Chief Financial Officer for embezzlement.
In a reaction to this news, shares of Tongxin common stock fell
from prices trading as high as $6.16 per share to as low as $1.35
per share, representing a drop of more than 75%.
Plaintiffs seek to recover damages on behalf of all Class
members who purchased or otherwise acquired shares of Tongxin
during the Class Period. If you purchased or otherwise acquired
Tongxin shares during the Class Period, and either lost money on
the transaction or still hold the shares, you may wish to join in
this action to serve as lead plaintiff. In order to do so, you must
meet certain requirements set forth in the applicable law and file
appropriate papers no later than March 4, 2011.
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 Bernstein Liebhard LLP, or other counsel
of your choice, to serve as your counsel in this action.
If you are interested in discussing your rights as a Tongxin
shareholder and/or have information relating to the matter, please
contact Joseph R. Seidman, Jr. at (877) 779-1414 or
seidman@bernlieb.com.
Bernstein Liebhard has pursued hundreds of securities, consumer
and shareholder rights cases and recovered almost $3 billion for
its clients. It has been named to The National Law Journal’s
“Plaintiffs’ Hot List” in each of the last eight years.
You can obtain a copy of the complaint from the clerk of the
court for the United States District Court for the Eastern District
of New York.
Bernstein Liebhard LLP 10 East 40th Street New York, New York 10016
(877) 779-1414
www.bernlieb.com
ATTORNEY ADVERTISING. © 2011 Bernstein Liebhard LLP. The law
firm responsible for this advertisement is Bernstein Liebhard LLP,
10 East 40th Street, New York, New York 10016, (212) 779-1414.
Prior results do not guarantee or predict a similar outcome with
respect to any future matter.
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