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R&G FINANCIAL: Sept 16 Settlement Hearing Set in Securities Suit
The U.S. District Court for the Southern District of New York has scheduled a hearing at 3:00 p.m. on September 16, 2008, to consider approval of the settlement agreement in the case "In Re R&G Financial Corporation Securities Litigation, Case No. 05- Civ.4186 (JES)."
There are two proposed settlements that together will resolve the Action if they are approved by the Court:
-- one is for $39 million in cash to resolve the Class's claims against R&G and certain of its former officers and directors; and
-- the other settlement is for $12 million in cash to resolve the Class's claims against R&G's independent outside auditor, PricewaterhouseCoopers LLP.
The suit is filed on behalf of all persons or entities who purchased or otherwise acquired publicly traded securities of R&G between Jan. 21, 2003, and Nov. 2, 2007, inclusive, and were allegedly injured thereby.
Deadline to file for exclusion and objection is on September 2, 2008. Deadline to file claims is on September 26, 2008,
Case Background
On May 26, 2005, investors sued R&G Financial claiming that the financial holding company issued false and misleading financial statements to the investing public.
The class action was filed in the U.S. District Court for the Southern District of New York seeking damages for violations of federal securities laws on behalf of all investors who purchased R&G common stock from April 21, 2003, through and including April 25, 2005.
The lawsuit claims that the defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and the rules and regulations promulgated thereunder, including U.S. Securities and Exchange Commission Rule 10b-5.
According to the complaint, R&G's financial statements were materially false and misleading when made because defendants failed to disclose:
-- that the company's earnings quality had been significantly weakened by the company's use of more aggressive assumptions to generate gain on sale income, as well as to the value it retained in its interest only residuals in securitization transactions;
-- that R&G's methodology used to calculate the fair value of its IO residual interests was incorrect and caused the company to overstate its financial results by at least $50 million;
-- that the company's financial statements were not prepared in accordance with Generally Accepted Accounting Principles;
-- that the company lacked adequate internal controls and was therefore unable to ascertain the true financial condition of the company; and
-- that as a result, the value of the company's net income and financial results were materially overstated at all relevant times.
On April 25, 2005, after the close of trading, R&G shocked the investing public when it announced that it would restate its earnings for 2003 and 2004.
On this news, R&G stock fell $8.14 per share, or 35 percent, to close at $15.04 on April 26, 2005, a two-year low.
On June 27, 2005, competing motions for the appointment of lead plaintiff and lead counsel were filed with court. Judge John Sprizzo heard oral arguments on July 25, 2005 and, on July 26, signed an Order consolidating all related cases into one class action, as "In re R&G Financial Corporation Securities Litigation, Master File No. 05 Civ. 4186 (JES)," and appointing lead plaintiffs and lead counsel, according to an update posted by at the Web site of Berman DeValerio Pease Tabacco Burt & Pucillo (Class Action Reporter, Oct. 24, 2006).
In March, R&G reached an agreement in principle to settle all claims with the lead plaintiffs in a shareholder class action originally filed in 2005 (class Action Reporter, March 4, 2008).
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