Milberg Weiss Announces the Filing of a Class Action Suit against Refco Inc. and Certain of Its Officers and Directors on Behalf
October 12 2005 - 5:39PM
Business Wire
The law firm of Milberg Weiss Bershad & Schulman LLP announces
that a class action lawsuit was filed today on behalf of purchasers
of the securities of Refco Inc. ("Refco" or the "Company") (NYSE:
RFX) between August 11, 2005 and October 7, 2005, inclusive (the
"Class Period"), including purchasers of the Company's shares
pursuant or traceable to the Company's initial public offering (the
"Offering") on August 11, 2005. The action seeks to pursue remedies
under the Securities Act of 1933 ("Securities Act") and the
Securities Exchange Act of 1934 (the "Exchange Act"). Refco is a
leading independent provider of execution and clearing services for
exchange-traded derivatives and a major provider of prime brokerage
services in the fixed income and foreign exchange markets. The
complaint alleges that Refco and Refco insiders completed an
initial public offering of Refco common stock on August 11, 2005,
selling 26.5 million shares at $22 per share for proceeds of $583
million. The complaint further alleges that, three months later, on
October 10, 2005, before trading opened, defendants revealed that
the Company had been carrying an undisclosed receivable from its
Chief Executive Officer, Defendant Phillip R. Bennett, in the
amount of $430 million, that Bennett was taking a leave of absence,
and that Company financial statements issued since 2002 could no
longer be relied upon. The announcement stunned the market, driving
down the price of Refco shares by 44.4%, from a closing price of
$28.06 on October 7, 2005 (Friday) to a low of $15.60 on October
10, 2005 (Monday). Trading in Refco shares was halted on the
morning of October 11, 2005 pending additional news, and, after
resumption of trading, closed at $13.06, down 11.2% for the day. On
October 12, 2005, The Wall Street Journal reported that an
investment firm controlled by Bennett, had paid Liberty Corner, a
New Jersey hedge fund, to help him hide that he owed Refco hundreds
of millions of dollars, and that the SEC had launched an
investigation of the Company. Later that day, Bloomberg News
reported that Bennett had been arrested by federal authorities on
charges of securities fraud stemming from his failure to disclose
in public filings with the SEC the existence of hundreds of
millions of dollars in transactions between Refco and a company he
controlled. If you bought the securities of Refco between August
11, 2005 and October 7, 2005 and sustained damages, you may, no
later than December 12, 2005, request that the Court appoint you as
lead plaintiff. 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 Milberg Weiss
Bershad & Schulman LLP, or other counsel of your choice, to
serve as your counsel in this action. The action is pending in the
United States District Court for the Southern District of New York
against defendants Refco, Phillip R. Bennett (former CEO), Gerald
Sherer (CFO) and each member of Refco's Board of Directors. A copy
of the complaint filed in this action is available from the Court
or can be viewed on Milberg Weiss's website at:
http://www.milbergweiss.com. Milberg Weiss Bershad & Schulman
LLP (http://www.milbergweiss.com) is a firm with over 100 lawyers
with offices in New York City, Los Angeles, Boca Raton, Delaware
and Washington, D.C. and is active in major litigations pending in
federal and state courts throughout the United States. Milberg
Weiss has taken a leading role in many important actions on behalf
of defrauded investors, consumers, and others for nearly 40 years.
Please contact the Milberg Weiss website for more information about
the firm. If you wish to discuss this action with us, or have any
questions concerning this notice or your rights and interests with
regard to the case, please contact the following attorneys: -0- *T
Steven G. Schulman Peter E. Seidman Andrei V. Rado One Pennsylvania
Plaza, 49th fl. New York, NY, 10119-0165 Phone number: (800)
320-5081 Email: sfeerick@milbergweiss.com Website:
http://www.milbergweiss.com *T
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