Milberg Weiss Announces the Filing of a Class Action Suit Against FindWhat.com and Certain of Its Officers and Directors on Beha
May 06 2005 - 3:27PM
Business Wire
The law firm of Milberg Weiss Bershad & Schulman LLP announces
that it has filed a class action lawsuit on behalf of purchasers of
the securities of FindWhat.com (the "Company") (NASDAQ: FWHT)
between January 5, 2004 and May 4, 2005 inclusive, (the "Class
Period"), seeking to pursue remedies under the Securities Exchange
Act of 1934 (the "Exchange Act"). A copy of the complaint filed in
this action is available from the Court, or can be viewed on
Milberg Weiss' website at www.milbergweiss.com The action is
pending in the United States District Court for the Middle District
of Florida against defendants FindWhat.com, Craig
Pisaris-Henderson, Brenda Aguis, Frederick E. Guest, And Phillip R.
Thune. The Complaint alleges that Defendants issued, or caused to
be issued, false and misleading statements during the Class Period
to artificially inflate the value of FindWhat.com stock. Beginning
on January 5, 2004, with the completion of the first in a series of
mergers and acquisitions by the Company in 2004, the Company began
to accrue intangible assets in excess of their actual value. In
violation of Generally Accepted Accounting Principals ("GAAP"), the
Company disagreed with its outside auditor, Ernst & Young LLP,
with respect to the need to recognize an impairment of its goodwill
in connection with the Company's 2004 consolidated financial
statements. As a result of the dispute, on May 2, 2005, Ernst &
Young LLP resigned. Ernst & Young LLP also informed the Company
of six material weaknesses in the Company's system of internal
control over financial reporting, and these matters relate to (i)
purchase accounting, (ii) goodwill impairment, (iii) revenue
recognition for private label agreements and other revenue
agreements, excluding those related to FindWhat.com Network
revenue, (iv) personnel resources and technical accounting
expertise, (v) quarterly and year-end financial statement close and
review process, and (vi) segregation of duties. On May 4, 2005, the
Company surprised the market with the announcement of the
resignation of its CFO, Defendant Brenda Aguis. As a result of
these disclosures, During the class period, Defendants and other
Company insiders knew, or recklessly disregarded the Company's
inadequate internal control problems to facilitate the false
impression of financial success to investors. While Defendants had
misled the investing public and inflated the value of
FindWhat.com's stock during the class period, insiders sold 680,959
shares for personal proceeds of $11,320.179. Immediately following
both of these disclosures, the Company's stock plummeted, losing
$2.04 per share, or 26% of its value on May 3 and an additional
$2.33 per share, or an astonishing 38% on May 5, 2005. If you
bought the securities of FindWhat.com between January 5, 2004 and
May 4, 2005 and sustained damages, you may, no later than July 5,
2005, request that the Court appoint you as lead plaintiff. 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 Milberg Weiss Bershad & Schulman LLP,
or other counsel of your choice, to serve as your counsel in this
action. Milberg Weiss Bershad & Schulman LLP
(www.milbergweiss.com) has over 100 lawyers in offices in New York
City, Boca Raton, Los Angeles, Delaware, Seattle and Washington,
D.C. and is active in major litigations pending in federal and
state courts throughout the United States. Milberg Weiss has taken
a leading role in many important actions on behalf of defrauded
investors, consumers, and others for nearly 40 years. Please
contact the Milberg Weiss website for more information about the
firm and its history. If you wish to discuss this action with us,
or have any questions concerning this notice or your rights and
interests with regard to the case, please contact the following
attorneys: -0- *T Steven G. Schulman One Pennsylvania Plaza, 49th
fl. New York, NY, 10119-0165 Phone number: (800) 320-5081 Email:
sfeerick@milbergweiss.com Or Maya Saxena Joseph E. White III 5200
Town Center Circle, Suite 600 Boca Raton, FL 33486 Phone number:
(561) 361-5000 Email: msaxena@milbergweiss.com
jwhite@milbergweiss.com Website: http://www.milbergweiss.com *T
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