Artificial Life, Inc. (OTCPK:ALIF), an innovative investment
company, announced today that it and its subsidiaries, Artificial
Life Asia Ltd. and Artificial Life Europe GmbH (collectively,
"
Company") have filed a malpractice lawsuit with
the High Court of Hong Kong against KPMG Hong Kong and two of its
senior partners. The legal action of the Company was unanimously
supported by its board and independent audit committee.
The Company claims that KPMG Hong Kong and two of its senior
partners breached their contractual audit obligations under a
signed engagement letter during their assignment as Company
auditors during 2010 and 2011 until the termination of their
engagement. The Company claims that they are guilty of serious
malpractice during their assignment in breach of their contractual
duties to the Company and are guilty of a breach of their general
duty of care.
The Company also claims that KPMG Hong Kong incorrectly
overcharged and overstated invoices for services rendered to the
Company during the audit assignment. Despite several written
requests, KPMG Hong Kong has – until today - refused even to
provide substantiating detailed narratives of the work which it
claims to have carried out during the assignment, leaving the
Company with no alternative but to question the overall correctness
and legitimacy of the audit charges which KPMG has billed to the
Company.
The Company currently estimates and assesses the damage and
potential damage caused to the Company by KPMG Hong Kong to exceed
US$ 100 million due to – amongst other factors – the loss of
substantial market value of its equity, the forced delisting
of its shares from the US OTC market and the German Entry Standard
Segment, its loss of major cash funding options, its loss of
investment opportunities, its loss of revenues and profits and its
general loss of business opportunities and general reputation
damage caused directly and/or indirectly by KPMG Hong Kong's
malpractice, breach of contract and breach of duty of care.
The Company also announced that it has made a formal complaint
about KPMG Hong Kong and certain of its senior managers to the
HKICPA (Hong Kong Institute of Certified Public Accountants), the
oversight board of accounting firms in Hong Kong which is currently
conducting an investigation of the case.
The Company has also reported KPMG Hong Kong and certain of its
senior managers to the responsible law enforcement agency in Hong
Kong.
The Company also announced that several of its major
shareholders are preparing an additional class-action lawsuit
against KPMG in the USA. These shareholders are currently preparing
such a class-action and have asked the Company to assist them in
the preparation of this class-action.
The Company therefore asks all of its shareholders who have
suffered losses since the termination of KPMG Hong Kong after
7 April 2011 and who want to join the class-action against KPMG in
the US to contact the Company at: ir@artificial-life.com. The
Company will keep shareholders regularly updated about the
status of the intended class-action and about the
progress of the legal proceedings against KPMG Hong Kong.
"In over 25 years of acting as Chairman, CEO and CFO
of several companies on three continents, I have never had to deal
with such unprofessional auditors as those at KPMG Hong Kong. In my
own personal opinion, their audit team and management engaged in
our audit are not only incompetent, but also – and this
is the worst part insofar as I am concerned - very arrogant and
ignorant towards smaller clients like us. We have proposed
amicable out of court settlements several times, but KPMG Hong Kong
has ignored us and our concerns for months, just as it
repeatedly did during the audit assignment. Therefore, we have had
no other choice but to sue KPMG Hong Kong and its senior managers
to finally enforce our legal rights. The Writ we have filed today
claims that KPMG Hong Kong's conduct has caused substantial harm to
our company and our shareholders, has cut us off from several
funding options and has triggered the collapse of our stock price
since the termination of the audit engagement. We will now seek to
enforce our rights and interests against KPMG Hong Kong to their
fullest extent by claiming substantial damages, costs and interest
so as to repair the damage done to us by our former auditors," said
Eberhard Schoneburg, CEO of Artificial Life, Inc.
About Artificial Life, Inc.
Artificial Life, Inc. is a new kind of investor. We act as a
global incubator and business network provider and facilitator for
our investment companies, assisting them in their funding efforts,
sales, production, and general business development activities.
When needed, we also inject our valuable intellectual property into
our investment companies for their use. We invest mainly in the
BRICS (Brazil, Russia, India, China and South Africa) markets with
a focus on smartphone content and wireless technology such as: near
field communication, mobile business apps and games, mobile health
services, social networking apps and games, and mobile commerce. We
have won many industry awards for outstanding technology and
products in prior years.
Artificial Life, Inc. is a Delaware registered corporation
founded in 1994 in Boston. We are a public US entity (OTCPK:ALIF).
Our global headquarters is in Hong Kong.
For more information on Artificial Life, Inc., please visit:
www.artificial-life.com
Forward-Looking Statements:
This press release contains "forward-looking statements" within
the meaning of Section 27A of the Securities Act of 1933, as
amended, and Section 21E of the Securities Exchange Act of 1934, as
amended. Such forward-looking statements include, without
limitation, statements regarding our future results of operations,
financial condition and business prospects. In some cases, you can
identify forward-looking statements by terminology such as "may",
"will", "should", "expect", "intend", "plan", "anticipate",
"believe", "estimate", "predict", "potential", "continue" or the
negative of these terms or other comparable terminology. Although
such statements are based on our own information and information
from other sources we believe to be reliable, you should not place
undue reliance on them. These statements involve risks and
uncertainties, and actual market trends or our actual results of
operations, financial condition or business prospects may differ
materially from those expressed or implied in these forward looking
statements for a variety of reasons. Potential risks and
uncertainties include, but are not limited to: the general economic
conditions in the markets in which we operate; the success of our
newly adopted business model and strategy; our ability to find
investment targets for reasonable conditions; the economic
conditions in the BRICS nations; our ability to sell equity or
assets and intellectual property; our ability to obtain additional
funding to operate and grow our business and to do investments;
changing consumer preferences and uncertainty of market acceptance
of our products; timely adoption and availability of broadband
mobile technology; market acceptance for use of mobile handheld
devices;; our reliance on a relatively small number of clients and
brands; our ability to license brands from others; our dependence
upon resellers and telecommunication carriers and operators to
distribute our products; our ability to successfully develop,
introduce, and sell new or enhanced products in a timely manner;
and the timing of new product announcements or introductions by us
or by our competitors. For additional discussion of these risks and
uncertainties and other factors, please see the documents we file
from time to time with the Securities and Exchange Commission,
including our Annual Report on Form 10-KSB filed on August 2nd,
2011. We assume no obligation to update any forward-looking
statements, which apply only as of the date of this press
release.
CONTACT: Artificial Life IR and PR Contact:
Tel: (+852) 3102 2800
ir@artificial-life.com
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