Notice of Filing of Securities Class Action Against Friedman's, Inc., Victor M. Suglia, Bradley J. Stinn, Sterling Brinkley and
November 26 2003 - 3:00PM
PR Newswire (US)
Notice of Filing of Securities Class Action Against Friedman's,
Inc., Victor M. Suglia, Bradley J. Stinn, Sterling Brinkley and
Douglas Anderson HARTFORD, Conn., Nov. 26 /PRNewswire/ -- Shepherd,
Finkelman, Miller & Shah, LLC
(http://www.classactioncounsel.com/; e-mail:
jmiller@classactioncounsel.com), announces that it has filed a
class action lawsuit against Friedman's, Inc., Victor M. Suglia,
Bradley J. Stinn, Sterling Brinkley and Douglas Anderson. The class
action lawsuit is pending in the United States District Court for
the Northern District of Georgia. The lawsuit was filed on behalf
of all persons who purchased or otherwise acquired the securities
of Friedman's, Inc. ("Friedman's" or the "Company"), , between
January 26, 2000 and November 17, 2003, inclusive (the "Class
Period"). A copy of the complaint is available if you telephone us
toll-free at (866) 540-5505 or e-mail us at
jmiller@classactioncounsel.com. If you purchased or otherwise
acquired the securities of Friedman's between January 26, 2000 and
November 17, 2003 and have been damaged thereby, you may request
that the Court appoint you as lead plaintiff no later than January
13, 2004. Any member of the purported class may move the Court to
serve as lead plaintiff in this action through counsel of his or
her choice, or may remain an absent class member. There are certain
legal requirements to serve as lead plaintiff, which we would be
pleased to discuss with you. If you would like to discuss this
action or have any question regarding this notice or your rights,
please telephone or e-mail James E. Miller, Esquire (866/540-5505;
) or James C. Shah, Esquire (877/891-9880; ). The Complaint filed
in this case asserts violations of the Securities Exchange Act of
1934 and charges Defendants with issuing false and misleading
statements regarding Friedman's financial results and business
model, resulting in the Company materially overstating its earnings
for the fiscal years 2000 through 2002, and the first three
quarters of 2003. The Complaint claims that the earnings Friedman
reported throughout the Class Period and representations concerning
those results were false and misleading when made as Friedman's
financial statements during the Class Period were in violation of
GAAP and SEC rules. These improper practices are now the subject of
an investigation by the Securities and Exchange Commission, as well
as an investigation by the Department of Justice. The Complaint
filed in this case also alleges that Defendants knew and failed to
disclose material adverse information and misrepresented the truth
about the Company, its financial performance, earnings momentum,
and future business prospects, including that: (i) the Company's
allowance for doubtful accounts was woefully inadequate; (ii) the
Company's credit losses during the Class Period were significantly
higher than its reserves and higher than defendants publicly
represented; and (iii) Defendants had failed to properly write-off
uncollectible receivables, and materially overstated Friedman's
financial results by maintaining known uncollectible accounts as
assets during the Class Period. As a result, Friedman's stock
traded at inflated prices during the Class Period, increasing to as
high as $17.50 on September 3, 2003. On November 11, 2003,
Friedman's shocked the market by warning about its future
performance, and the material adverse impact of the "increase in
allowance for doubtful accounts." The Company also revealed that
its Chief Financial Officer, Victoria Suglia, had been placed on
"leave" as a result of government investigations. In addition, the
Company admitted that it had to dramatically boost its allowance
for doubtful accounts, resulting in a sizable charge of as much as
$0.43 per share for 2003. In response to the Company's devastating
news, Friedman's stock price plummeted by approximately 40% on
unusually heavy trading volume. On November 17, 2003, the Company
then admitted that it would be restating its historical financial
statements for at least the fiscal years 2000, 2001 and 2002 and
for the first three quarters of fiscal year 2003 and that Ernst
& Young had informed the Company that it was withdrawing its
audit opinions on the previously-issued financial statements due
to, among other things, the concern over the accounting for the
allowance of doubtful accounts. As a result of the foregoing, the
Company cautioned investors that they should not rely upon the
previously issued financial statements and related SEC filings for
2000, 2001, 2002 and the first three quarters of 2003. Upon this
news, the stock price dropped to as low as $5.38 on November 18 and
closed at $6.07 per share, down an additional 18% from the prior
day's close. The Complaint charges that the individual Defendants
engaged in this scheme to inflate the price of Friedman's
securities in order to: (i) protect and enhance their executive
positions and the substantial compensation and prestige they
obtained thereby; (ii) enhance the value of their personal holdings
of Friedman's securities; (iii) complete public offerings; (iv)
prevent violation of the covenants in the Company's credit facility
agreement and maximize the amount allowed to be borrowed by the
Company under this agreement; and (v) avoid repaying millions of
dollars in personal loans from the Company. If you wish to discuss
this action, or have any questions concerning this notice, or your
rights with respect to this matter, please contact James E. Miller,
Esquire (866/540-5505; ) or James C. Shah, Esquire (877/891-9880;
). DATASOURCE: Shepherd, Finkelman, Miller & Shah, LLC CONTACT:
James E. Miller, Esquire, +1-866-540-5505, , or James C. Shah,
Esquire, +1-877-891-9880, ), both of Shepherd, Finkelman, Miller
& Shah, LLC
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