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Law Offices of Marc S. Henzel Announces Class Action Lawsuit Against Alstom, SA.


Business Editors/Legal Writers

BALA CYNWYD, Pa.--(BUSINESS WIRE)--Sept. 5, 2003

A 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
 was filed in the United States District Court United States District Court

In 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.
 for the Southern District of New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 on behalf of all purchasers of the common stock of Alstom, SA (NYSE NYSE

See: New York Stock Exchange
:ALS Als (äls), Ger. Alsen, island, 121 sq mi (313 sq km), Sønderjylland co., S Denmark, in the Lille Bælt, separated from the mainland by the narrow Alensund. ) from May 26, 1999 through June 29, 2003, inclusive (the "Class Period").

The complaint alleges that throughout the Class Period, defendants issued numerous positive statements concerning the growth and financial performance of its transportation subsidiary. These statements were materially false and misleading for the following reasons: (1) the Company underreported operating expenses Operating expenses

The amount paid for asset maintenance or the cost of doing business, excluding depreciation. Earnings are distributed after operating expenses are deducted.
 by failing to recognize costs incurred in a rolling-stock supply railcar contract at its transportation unit in anticipation of shifting the costs to other contracts; (2) Alstom could not determine its true financial condition because the Company lacked adequate internal controls; and (3) as a result of the foregoing, the financial performance of the Company and its transport division was materially overstated, the value of the Company's losses was materially understated at all relevant times and the value of the Company's margins was materially overstated at all relevant times.

On June 30, 2003, before the NYSE opened for trading, Alstom announced that it was "conducting an internal review assisted by external accountants and lawyers following receipt of letters earlier this month alleging accounting improprieties on a railcar contract being executed at the Hornell, New York Hornell is a city in Steuben County, New York, United States. The population was 9,019 at the 2000 census. The city is named after the Hornell family, early settlers. Its current population is mainly made up of Irish Americans and Italian Americans.  facility of Alstom Transportation Inc. (ATI (ATI Technologies Inc., Markham Ontario, http://ati.amd.com) A leading manufacturer of graphics chips and display adapters. Founded in 1985 by K. Y. Ho, Benny Lau and Lee Lau, ATI chips and boards are widely used by OEMs. ), a US subsidiary of the Company." During the review, the Company "identified that losses have been significantly understated in ATI's accounts, in substantial part due to accounting improprieties by the understatement of actual costs incurred, including by the non-recognition of costs incurred in anticipation of shifting them to other contracts, and by the understatement of forecast costs to completion." As a result, the Company announced that it would record an additional net after tax charge of 51 million euros ($55 million) for the fiscal year ended March 31, 2003. The Company also announced that the SEC and the United States Federal Bureau of Investigation Federal Bureau of Investigation (FBI), division of the U.S. Dept. of Justice charged with investigating all violations of federal laws except those assigned to some other federal agency.  had advised the Company of informal inquiries related to ATI. Lastly, the Company announced that both the Senior Vice President and the Vice President of Finance of ATI had been suspended pending the completion of the review.

Plaintiff is represented by The Law Offices of Marc S. Henzel. If you are a member of the class, you may, no later than October 28, 2003, 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 An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called 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.

If you have any questions concerning this case or your rights or interests with respect to these matters, please contact: Marc S. Henzel, Esq. of The Law Offices of Marc S. Henzel, 273 Montgomery Ave, Suite 202 Bala Cynwyd, PA 19004-2808, by telephone (888) 643-6735 or (610) 660-8000, by facsimile (610) 660-8080, by e-mail at Mhenzel182@aol.com or visit the firm's website at http://members.aol.com/mhenzel182.
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Publication:Business Wire
Geographic Code:4EUFR
Date:Sep 5, 2003
Words:575
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