Allied Capital Lauds Decision of Federal Court in Georgia to Dismiss Lawsuit by Shortsellers.WASHINGTON -- Allied Capital Corporation (NYSE NYSE See: New York Stock Exchange :ALD ALD abbr. adrenoleukodystrophy ALD, n.pr See adrenoleukodystrophy. ALD aldolase. ) issued the following statement today regarding the dismissal by the federal District Court in Georgia of a False Claims Act case against Business Loan Express (BLX BLX Business Line Expert BLX Basic Launch Complex BLX British Legion of Xbox (gaming clan) ), an Allied Capital portfolio company: Allied Capital Corporation is pleased to announce that on December 19, the United States District Court for the Northern District of Georgia The U.S. District Court for the Northern District of Georgia serves the residents of forty-six counties. These are divided up into four districts. The Atlanta district includes: Cherokee, Clayton, Cobb, Internet Coffe Phone, Douglas, Fulton, Gwinnett, Henry, Newton, and dismissed all claims in an action filed under the federal False Claims Act (FCA FCA Abbreviation for the Free Carrier ) against BLX, its current Chairman, and others. The action was brought by Greenlight Capital, Inc., a hedge fund hedge fund, in finance, a highly speculative, largely unregulated investment device. Originating in the 1950s, the funds "hedge" by offsetting "short" positions (borrowing a security and then selling it at a higher price before repaying the lender) against "long" controlled by David Einhorn, and James Brickman. Both Greenlight and Brickman have been shortsellers of Allied Capital's shares. Thus, as the Court noted, "Brickman and Greenlight Capital stand to benefit from any decrease in the price of Allied Capital stock that may result from this lawsuit." Greenlight and Brickman pursued their claim even though the United States Government chose not to do so. The District Court dismissed the case in its entirety and with prejudice because the allegations in the complaint failed to state a claim under the False Claims Act. As the Court noted, the plaintiffs' allegations represented nothing more than publicly available information, recycled and repackaged. That type of pleading does not satisfy the jurisdictional requirements of the FCA. The District Court's 21-page opinion cited and followed recent case law from the United States Supreme Court United States Supreme Court: see Supreme Court, United States. , the United States Court of Appeals for the Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:
Shortsellers of Allied Capital shares, including David Einhorn and his allies, have for many years been making false and unsubstantiated claims of wrongdoing wrong·do·er n. One who does wrong, especially morally or ethically. wrong do against Allied Capital and BLX. So far, every court
that has ever examined the shortseller claims has rejected them. They
were rejected by the United States Court for the Southern District of
New York in 2003, by the Superior Court of the District Columbia in July
2007, and now by the United States District Court United States District CourtIn the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. in Georgia. About Allied Capital Allied Capital is a leading business development company (BDC (Backup Domain Controller) In a Windows NT server, a copy of the Primary Domain Controller (PDC). The BDC is periodically synchronized with the PDC. See PDC. BDC - Backup Domain Controller ) in the U.S. that invests private debt and equity capital in middle market businesses nationwide. Founded in 1958 and operating as a public company since 1960, Allied Capital has paid consistent or increasing regular, quarterly cash dividends annually to shareholders since 1963. Allied Capital provides long-term debt and equity capital for management and sponsor-led buyouts, and for recapitalizations, acquisitions and growth of middle market companies. Allied Capital's one-stop financing capabilities include first and second lien senior loans, unitranche debt, junior or subordinated debt and equity. Allied Capital seeks to invest in stable, less cyclical companies that produce significant free cash flow and high returns on invested capital. At September 30, 2007, the Company's private finance portfolio included investments in 110 companies that currently generate aggregate revenues of over $13 billion and employ more than 90,000 people. Headquartered in Washington, DC, Allied Capital offers shareholders the opportunity to participate in the private equity industry through an investment in its New York Stock Exchange-listed stock. Allied Capital invests in the American entrepreneurial economy by providing long-term capital and access to managerial resources often unavailable to middle market companies. For more information, please visit www.alliedcapital.com, call Allied Capital investor relations toll-free at (888) 818-5298, or e-mail us at ir@alliedcapital.com. Forward-Looking Statements The information contained in this press release contains forward-looking statements. These forward-looking statements are subject to the inherent uncertainties in predicting future results and conditions. Certain factors could cause actual results and conditions to differ materially from those projected in these forward-looking statements, and some of these factors are enumerated This term is often used in law as equivalent to mentioned specifically, designated, or expressly named or granted; as in speaking of enumerated governmental powers, items of property, or articles in a tariff schedule. in Allied Capital's filings with the Securities and Exchange Commission. |
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