Lerach Coughlin Stoia Geller Rudman & Robbins LLP Files Class Action Suit against Comverse Technology Inc.
05 Maggio 2006 - 1:00AM
Business Wire
Lerach Coughlin Stoia Geller Rudman & Robbins LLP ("Lerach
Coughlin") (http://www.lerachlaw.com/cases/comverse/) today
announced that a class action lawsuit has been commenced in the
United States District Court for the Southern District of New York
on behalf of purchasers of Comverse Technology Inc. ("Comverse" or
the "Company") (NASDAQ:CMVT) common stock during the period between
December 14, 2004 and March 13, 2006 (the "Class Period"). If you
wish to serve as lead plaintiff, you must move the Court no later
than June 19, 2006. If you wish to discuss this action or have any
questions concerning this notice or your rights or interests,
please contact plaintiff's counsel, David A. Rosenfeld or Mario
Alba Jr. of Lerach Coughlin at 800/449-4900 or 619/231-1058 or via
e-mail at wsl@lerachlaw.com. If you are a member of this class, you
can view a copy of the complaint as filed or join this class action
online at http://www.lerachlaw.com/cases/comverse/. Any member of
the purported class may move the Court to serve as lead plaintiff
through counsel of their choice, or may choose to do nothing and
remain an absent class member. The complaint charges Comverse, Kobi
Alexander, and David Kreinberg with violations of the Securities
Exchange Act of 1934. Defendants Alexander and Kreinberg are
referred to herein as the "Individual Defendants." The Company and
its subsidiaries engage in the design, development, manufacture,
marketing, and support of software, systems, and related services
for multimedia communication and information processing
applications. The complaint alleges that, during the Class Period,
Comverse embarked on a scheme whereby the Company backdated option
grants given to the Individual Defendants and other executives
ahead of favorable news in order to give the recipients a better
chance of profiting from exercising the options. According to the
complaint, prior to the Class Period, Defendants issued and filed a
series of materially false and misleading statements and quarterly
reports with the SEC concerning the Company's financial
performance. These statements were materially false and misleading
because they misrepresented and failed to disclose the following
adverse facts: (a) that the Company backdated option grants given
to the Individual Defendants and other executives ahead of
favorable news in order to give the recipients a better chance of
profiting from exercising the options; (b) that the Company was not
properly accounting for additional compensation expenses incurred
by this scheme; (c) that the Company lacked adequate internal
controls and was therefore unable to ascertain its true financial
condition; and (d) that as a result of the foregoing, the values of
the Company's income from operations, net income and retained
earnings were materially overstated at all relevant times and the
Company has admitted that it will be restating its financial
statements for its historical financial statements for each of the
fiscal years ended January 31, 2005, 2004, 2003, 2002 and 2001 and
for the first three quarters of the fiscal year ended January 31,
2006. On March 14, 2006, the Company issued a press release
announcing it has created a special committee of its Board of
Directors composed of outside directors to review matters relating
to the Company's stock option grants, including, but not limited
to, the accuracy of the stated dates of option grants and whether
all proper corporate procedures were followed. Following this
announcement, shares of Comverse common stock declined $4.30 per
share, or 15%, to close at $24.85 per share, on extraordinarily
heavy trading volume. Then, on April 17, 2006, the Company issued a
press release announcing the results of the special committee's
review. As a result of the review, the Company revealed "that the
actual dates of measurement for certain past stock option grants
for accounting purposes differed from the recorded grant dates for
such awards." As a result, the Company will need to restate its
historical financial statements for each of the fiscal years ended
January 31, 2005, 2004, 2003, 2002 and 2001 and for the first three
quarters of the fiscal year ended January 31, 2006 because "(a)ny
such stock-based compensation charges would have the effect of
decreasing the income from operations, net income and retained
earnings figures contained in the Company's historical financial
statements." Prior to disclosing these adverse facts, the
Individual Defendants sold 614,443 shares of their personally-held
stock, thereby reaping more than $16 million in gross proceeds. In
fact, over 75% of the common stock sold by the Individual
Defendants during the Class Period was a product of these improper
option grants. Plaintiff seeks to recover damages on behalf of all
purchasers of Comverse common stock during the Class Period (the
"Class"). The plaintiff is represented by Lerach Coughlin, which
has expertise in prosecuting investor class actions and extensive
experience in actions involving financial fraud. Lerach Coughlin, a
180-lawyer firm with offices in San Diego, San Francisco, Los
Angeles, New York, Boca Raton, Washington, D.C., Houston,
Philadelphia and Seattle, is active in major litigations pending in
federal and state courts throughout the United States and has taken
a leading role in many important actions on behalf of defrauded
investors, consumers, and companies, as well as victims of human
rights violations. Lerach Coughlin lawyers have been responsible
for more than $20 billion in aggregate recoveries. The Lerach
Coughlin Web site (http://www.lerachlaw.com) has more information
about the firm.
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