Stull, Stull & Brody Announces Class Action on Behalf of Shareholders of Refco, Inc.
October 27 2005 - 4:53PM
Business Wire
Notice is hereby given that a class action has been commenced in
the United States District Court for the Southern District of New
York on behalf of purchasers of Refco, Inc. ("Refco" or the
"Company") (NYSE:RFX) common stock during the period between August
11, 2005 and October 18, 2005 (the "Class Period"), including those
who purchased the common stock of Refco pursuant and/or traceable
to the Company's initial public offering ("IPO") on or about August
11, 2005, seeking to pursue remedies under the Securities Act of
1933 (the "Securities Act") and the Securities Exchange Act of 1934
(the "Exchange Act"). Stull, Stull & Brody has substantial
experience representing employees who suffered losses from
purchases of their employer's stock in their 401(k) plans. If you
bought Refco's stock through your Refco retirement account and have
information or would like to learn more about these claims, please
contact us. The complaint charges certain of Refco's officers and
directors with violations of the federal securities laws. Refco
provides execution and clearing services for exchange traded
derivatives; and brokerage services in the fixed income and foreign
exchange markets in the United States, Bermuda, and the United
Kingdom. The complaint alleges that Refco went public via an IPO in
August 2005. A mere three months later, on October 10, 2005, Refco
announced that Phillip R. Bennett, its Chief Executive Officer
("CEO"), Chairman and controlling shareholder, was being placed on
a leave of absence and that the Company had discovered, purportedly
through an internal review, a receivable of $430 million owed by
Bennett to the Company. The Company also announced that based on
the undisclosed related-party transaction, its prior financial
statements should not be relied upon. According to the complaint,
on or about August 10, 2005, Refco filed with the SEC a Form S-1/A
Registration Statement (the "Registration Statement"), for the IPO.
On or about August 11, 2005, the Prospectus with respect to the
IPO, which forms part of the Registration Statement, became
effective and 26.5 million shares of Refco common stock were sold
to the public, thereby raising approximately $583 million.
According to the complaint, the Prospectus issued in connection
with the IPO was materially false and misleading for several
reasons, including the fact that in a section entitled "Certain
Relationships and Related Transactions," the Prospectus purported
to detail all of the related-party transactions concerning its
business, but failed to disclose the related-party loan of $430
million to an entity controlled by Bennett. As detailed in the
complaint, Refco has now admitted that its financial statements as
of and for the periods ended February 28, 2002, February 28, 2003,
February 28, 2004, February 28, 2005 and May 31, 2005 should no
longer be relied upon and will be restated. This amounts to an
admission that those financial statements were materially false and
misleading when issued. In response to these announcements, the
price of Refco common stock declined precipitously falling from
$28.56 per share to $15.60 per share on extremely heavy trading
volume. On October 13, 2005, the Company issued a press release
announcing that it had hired advisors and imposed a 15-day
moratorium on all activities, including customer withdrawals, of
Refco Capital Markets, Ltd. In response to this announcement the
price of Refco common stock declined an additional $2.95 per share
to $7.90 per share on extremely heavy trading volume. On October
17, 2005, Refco announced that the Company and certain of its
subsidiaries had filed for protection under Chapter 11 of the
United States Bankruptcy Code. If you purchased Refco common stock
during the Class Period, you may request that the Court appoint you
as lead plaintiff by 60 days from October 11, 2005. 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 Stull, Stull & Brody, or other
counsel of your choice, to serve as your counsel in this action.
Stull, Stull & Brody has litigated many class actions for
violations of securities laws in federal courts over the past 30
years and has obtained court approval of substantial settlements on
numerous occasions. Stull, Stull & Brody maintains offices in
both New York and Los Angeles. If you wish to discuss this action
or have any questions concerning this notice or your rights or
interests with respect to these matters, please contact Tzivia
Brody, Esq. at Stull, Stull & Brody by e-mail at SSBNY@aol.com,
by calling toll-free 1-800-337-4983, or by fax at 212/490-2022, or
by writing to Stull, Stull & Brody, 6 East 45th Street, New
York, NY 10017. You can also visit our website at www.ssbny.com.
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