Lawsuit Accuses Refco, Inc. of Misleading Investors, Berman DeValerio Pease Tabacco Burt & Pucillo Announces
October 14 2005 - 6:40PM
PR Newswire (US)
NEW YORK, Oct. 14 /PRNewswire/ -- An investor sued Refco, Inc.
("Refco" or the "Company") (NYSE:RFX) today, alleging that the
Company issued materially false and misleading financial statements
in connection to its August 11, 2005 initial public offering
("IPO"). Berman DeValerio Pease Tabacco Burt & Pucillo
(http://www.bermanesq.com/) filed the class action in the U.S.
District Court for the Southern District of New York. The lawsuit
seeks damages for violations of federal securities laws on behalf
of all investors who purchased Refco common stock between August
11, 2005 and October 7, 2005, inclusive. To receive a copy of the
complaint, you may contact the court, call the firm at (800)
516-9926 or go to http://www.bermanesq.com/pdf/refco-cplt.pdf . The
lawsuit claims that defendants violated Sections 11 and 15 of the
Securities Act of 1933, 15 U.S.C. Sections 77k and 77o. According
to the complaint, on October 10, 2005, Refco disclosed that an
internal company review had uncovered a $430 million receivable
owed to the Company by an entity controlled by Refco's Chairman and
Chief Executive Officer, Phillip R. Bennett. The receivable was not
shown as a related party transaction in the Company's prior period
financial statements or its Registration Statement and Prospectus
filed in connection with Refco's August 11, 2005 IPO. Refco further
disclosed that the Company's financial results for fiscal years
2002, 2003, 2004 and 2005 and the first quarter of fiscal 2006,
which began on March 1, 2005, "should no longer be relied upon."
Bennett, who took an indefinite leave of absence at the request of
Refco's Board of Directors when the news broke on October 10, 2005,
was arrested the next day and charged with securities fraud by the
United States Attorney. The Securities and Exchange Commission is
also conducting an inquiry into the matter. Following Refco's
October 10, 2005 announcement, the Company's stock plummeted
$12.96, or 45%, closing that day at $15.60 and wiping out more than
$1 billion in market capitalization. Trading in Refco's stock was
halted for most of Tuesday, October 11, 2005, and when trading
resumed the stock continued to fall, closing at $13.85. The stock
plunged another 22% on October 12, 2005, the day Bennett's arrest
was announced, losing $3.00 per share to close at $10.85. On
October 13, 2005, trading was again suspended after the stock
dropped an additional 27% to $7.90 in pre-market activity. The
shares, which were priced in the IPO at $22 per share, hit an
intra-day high on September 7, 2005 of $30.55. If you purchased
Refco common stock between August 11, 2005 and October 7, 2005,
inclusive, you may wish to contact the following attorneys at
Berman DeValerio Pease Tabacco Burt & Pucillo to discuss your
rights and interests. Bryan A. Wood, Esq. Joseph C. Merschman, Esq.
One Liberty Square Boston, MA (800) 516-9926 If you wish to apply
to be lead plaintiff in this action, a motion on your behalf must
be filed with the court no later than December 12, 2005. You may
contact the attorneys at Berman DeValerio to discuss your rights
regarding the appointment of lead plaintiff and your interest in
the class action, or you may submit information online at
http://www.bermanesq.com/Securities/Signup1.asp?caseid=558. Please
note, you may also retain counsel of your choice and need not take
any action at this time to be a class member. Berman DeValerio
Pease Tabacco Burt & Pucillo prosecutes class actions
nationwide on behalf of institutions and individuals, chiefly
victims of securities fraud, antitrust law violations, and consumer
fraud. DATASOURCE: Berman DeValerio Pease Tabacco Burt &
Pucillo CONTACT: Joseph C. Merschman, Esq., of Berman DeValerio
Pease Tabacco Burt & Pucillo, +1-800-516-9926 Web site:
http://www.bermanesq.com/
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