Court News 2011/11/07 12:23
Two class-action lawsuits have been filed against bankrupt brokerage MF Global as customers struggle to recover funds from the first major US casualty of the European debt crisis.
On Saturday, Seattle-based Hagens Berman said it was "investigating whether the company used clients' money to offset losses the company had incurred in failed investments."
It filed a lawsuit in the name of investors who bought MF Global shares between May 20 and October 28 or who bought bonds issued in August.
The complaint charged that MF Global "made false and misleading statements to investors, including failing to disclose the company's reported internal control problems in segregating clients' funds."
Attorney Reed Kathrein said Friday's resignation of the company's chief executive Jon Corzine, whose activities in the last weeks of the failing firm have attracted regulator scrutiny, was "not an encouraging sign."
"As we continue our investigation, we hope to uncover whether the company mixed investors' and company money, and if Corzine himself played a part in that decision," he added in a statement.
Boston law firm Block & Leviton said Friday it had also filed a class-action lawsuit in New York federal court on behalf of MF Global clients over the same period.
It charged MF Global made "certain materially false and misleading statements regarding the Company's internal financial controls and liquidity levels" through its "most senior" officers and directors.
Investors lost some $585 million in market capitalization in the week that preceded MF Global's bankruptcy filings alone, according to Block & Leviton.
Court News 2011/11/07 02:22
He set out to create a mini-Goldman Sachs. In the end, he built a mini-Lehman Brothers.
Former New Jersey Gov. Jon Corzine's resignation Friday from the securities firm he led capped a week of high drama and swift failure.
MF Global collapsed into bankruptcy Monday, and Corzine has since hired a criminal defense attorney amid an FBI investigation into the disappearance of hundreds of millions of dollars in client money.
In another twist, a top regulator has ended his role in the investigation of MF Global because of his longstanding ties to Corzine. Commodity Futures Trading Commission chairman Gary Gensler, whose agency is leading the effort to locate the missing client money, had worked for Corzine at Goldman Sachs.
MF Global's implosion, which came after Corzine made a big, risky bet on European debt, revived memories of the 2008 banking crisis and the ruin of the much bigger Lehman.
Court News 2011/11/02 08:49
The Supreme Court wrestled Tuesday with whether government officials are protected from civil lawsuits, even if they tell lies that lead a grand jury to vote for an indictment.
The justices heard arguments in an appeal from Charles Rehberg, an accountant who was indicted three times involving charges that he harassed doctors affiliated with a south Georgia hospital system.
After the third indictment was dismissed even before a trial, Rehberg sued local prosecutors and their investigator, James Paulk. Rehberg argues that he was placed under investigation because of the hospital's political connections and that Paulk's false grand jury testimony led to the indictments.
At issue in the high court is whether grand jury testimony could make a person liable in a civil lawsuit. A key question is whether the justices consider such testimony to be more like an affidavit or a trial. Witnesses are protected from civil lawsuits over what they say in trial testimony.
Paulk argues that the grand jury is part of the judicial process, and testimony there should be afforded the same protection it gets at trial.
Court News 2011/11/01 10:13
The law firm of Izard Nobel LLP, which has significant experience representing investors in prosecuting claims of securities fraud, announces that a lawsuit seeking class action status has been filed in the United States District Court for the Middle District of Tennessee on behalf of purchasers of the common stock of HCA Holdings, Inc. pursuant or traceable to the Company's Registration Statement and Prospectus issued in connection with its March 9, 2011 initial public offering ("IPO").
The Complaint charges that HCA, and certain of its officers, directors and underwriters violated federal securities laws. Specifically, the Complaint alleges that defendants omitted the following from the Registration Statement: (i) HCA improperly accounted for its prior business combinations in violation of Generally Accepted Accounting Principles, causing its financial results to be materially misstated; (ii) HCA failed to maintain effective internal controls concerning accounting for business combinations; and (iii) HCA failed to disclose known trends and uncertainties concerning its revenue growth rate.
On July 25, 2011, HCA announced disappointing second quarter 2011 results. On this news, HCA's stock fell $6.64 to close of $27.97. Then, on October 1, 2011, Barron's issued an article titled "Where Did the $15.8 Billion Go?", which claimed HCA improperly accounted for two major acquisitions as recapitalizations causing HCA to overstate reported earnings and avoid taking significant charges which would have negatively impacted earnings. On this news, HCA fell to $18.81 on October 3, 2011.
If you are a member of the class, you may, no later than December 27, 2011, request that the Court appoint you as lead plaintiff of the class. A lead plaintiff is a class member that acts on behalf of other class members in directing the litigation. Although your ability to share in any recovery is not affected by the decision whether or not to seek appointment as a lead plaintiff, lead plaintiffs make important decisions which could affect the overall recovery for class members.
While Izard Nobel LLP has not filed a lawsuit against the defendants, to view a copy of the Complaint initiating the class action or for more information about the case, and your rights, visit: www.izardnobel.com/hca/, or contact Izard Nobel LLP toll-free: (800)797-5499, or by e-mail: firm@izardnobel.com. For more information about class action cases in general, please visit our website: www.izardnobel.com.
Court News 2011/10/28 09:49
A New Jersey man who walked out of a San Francisco gallery with a pencil sketch by Pablo Picasso worth $275,000 pleaded guilty to grand theft Thursday.
Workers at the Weinstein Gallery said Mark Lugo brazenly snatched the drawing, called "Tete de Femme" (Head of a Woman), from a wall of their gallery on July 5. Lugo then walked down the street and got into a cab with the sketch under his arm.
But quick police work, video surveillance cameras and an alert taxi driver led to his arrest within 24 hours.
When investigators searched Lugo's apartment in Hoboken, N.J., they uncovered a treasure trove of stolen art worth some $430,000.
Lugo, 30, pleaded guilty to grand theft in the San Francisco case. Under terms of a plea deal, prosecutors agreed to drop other charges, including burglary. The deal calls allows for Lugo to be released on his sentencing date, Nov. 21, after getting credit for the time he has already served.
His attorney, Douglas Horngrad, said Lugo would then be extradited to New York to face similar charges in art heists there.
Court News 2011/10/27 09:49
A federal appeals court has rejected the Federal Aviation Administration's ruling that the Cape Wind project's turbines present "no hazard" to aviation, overturning a vital clearance for the nation's first offshore wind farm.
A decision Friday from the U.S. Court of Appeals for the District of Columbia said the FAA didn't adequately determine whether the planned 130 turbines, each 440 feet tall, would pose a danger to pilots flying by visual flight rules.
The court ordered the "no hazard" determinations vacated and remanded back to the FAA.
It also ruled that if the FAA found the project posed aviation risks, the U.S. Interior Department would likely revoke or modify the lease granted Cape Wind — the first granted to a U.S. offshore wind project.
The decision signals further delays for the project, which has struggled to find financing.