Class Action Lawsuit Filed Against Venture Capital Corporation.Business Editors & High-Tech/Legal Writers LOS ANGELES--(BUSINESS WIRE)--April 24, 2002 In what's believed to be the first such action in U.S. high-tech history, investors in a venture capital company have filed a class-action lawsuit for fraud and are seeking to recover the entire amount raised by the venture capital company in 2000. The suit highlights the increasingly robust efforts by investors in U.S. venture capital companies to recover money they lost during the internet boom of the late 1990s. The class action lawsuit class action lawsuit A lawsuit in which one party or a limited number of parties sue on behalf of a larger group to which the parties belong. For example, investors may bring a class action lawsuit against a brokerage firm that has actively promoted a tax , filed in Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. County Superior Court, alleges that investors in San Vicente San Vicente (sän vēsān`tā), city (1993 pop. 28,529), central El Salvador. Among its industries are textile manufacturing and sugar milling. San Vicente is the commercial center of a region that produces coffee and sugarcane. Group (www.sanvicentegroup.com) were defrauded out of over $46 million by the former board and management of this Los Angeles-based venture capital company. The lawsuit states that the former board and management knowingly engaged in fraud, negligent misrepresentations and securities violations. The lawsuit seeks the recovery of the $46 million invested with the company, together with punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. . This could significantly increase the amount awarded to the shareholders. San Vicente Group was established in January 2000 to invest in promising high-tech companies. Instead, the investors found that San Vicente Group wracked up losses by investing in a junk-bond fund and a series of internet companies that have already failed or are on the brink of doing so. The former board and management of San Vicente Group are also accused, in a separate lawsuit brought by the company, of breaches of fiduciary duty Noun 1. fiduciary duty - the legal duty of a fiduciary to act in the best interests of the beneficiary legal duty - acts which the law requires be done or forborne , entrenchment, waste of corporate assets and making grossly negligent investments. San Vicente Groups' investors include large European and American institutional investors. Those named as defendants in the lawsuit include the former Co-CEOs of San Vicente Group, Jay Matulich and Christopher Jennings. The former chairman, Stanley Hollander, is named as well, along with the British internet incubator New Media Spark, which is a listed company listed company n → compañía cotizable listed company n → société cotée en Bourse listed company list n → on the London AIM market. Jennings, Matulich and Hollander were all at one time board members or senior executives at a sister company, GlobalNet Financial.com, formerly listed on NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on . New Media Spark acquired GlobalNet Financial.com, which racked up losses of over $120 million in its two years of operations and whose market value collapsed in 18 months from $700 million to under $10 million, in a friendly deal last year. The lawsuit states that Globalnet Financial.com transferred investments of its own into San Vicente Group, and did so without disclosure to investors, or any outside financial valuation. In a separate deal, Globalnet Financial was given for no consideration a $240,000 stake in a company bought by San Vicente Group. The lawsuit further states that the former board and management failed to tell investors they would establish a lavish and risk-free profit-sharing plan Profit-Sharing Plan A plan that gives employees a share in the profits of the company. Each employee receives into an account, a percentage of those profits based on their earnings. Also known as "deferred profit-sharing plan" or "DPSP". that was well beyond what is normal and customary in the venture capital industry. The effect of this was to restrict San Vicente's ability to sell its investments and generate unreasonable, wasteful and windfall profit Windfall profit A sudden unexpected profit uncontrolled by the profiting party. distributions to the former board and management. |
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