Speziali, Greenwald & Hawkins, PC Announces Docketing and Allocation of Class Action Suit on Behalf of Short-Sellers of Intelli-Check, Inc. Securities.Business Editors/Legal Writers VOORHEES, N.J.--(BUSINESS WIRE)--Oct. 25, 2001 The law firm of Speziali, Greenwald & Hawkins, PC, announces that 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 filed on behalf of short-sellers of the securities of Intelli-Check, Inc., (AMEX AMEX See: American Stock Exchange :IDN (Internationalized Domain Name) A .com or .net domain name that is represented in non-English characters and symbols, with .com and .net appended at the end in English letters. ) has received an allocation of assignment and docket number. The action has been assigned to the Hon. Joel A. Pisano, USDJ USDJ United States Department of Justice , 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 New Jersey, Camden. The docket number is 1: 01cv04860 according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the court's allocation. Service of the Summons summons: see procedure. summons In law, written notification that one is required to appear in court. In civil (noncriminal) cases, it notifies a defendant that he or she must appear and defend (e.g. and Complaint upon the defendants is being delayed pending the filing of an amendment to the complaint. It is anticipated that an additional short-seller, Daniel Borislow (present position 78,400 shares short) who last short-sold the company's securities in June, 2001, will be added as a named plaintiff A named plaintiff is one of the small group of individual plaintiffs in a class action who are identified by name and who stand in for and represent the interests of the larger group of people who comprise the plaintiff class. . It is also anticipated amendments will be added regarding non-employee professionals of the company and failure to disclose as a "significant event" the loss of a primary distributor. Further delays with respect to amending and serving the complaint may occur pending investigation of yesterday's Dow Jones Dow Jones the best known of several U.S. indexes of movements in price on Wall Street. [Am. Hist.: Payton, 202] See : Finance Newswire story regarding Intelli-Check's motives for a recent rights offering. The story inaccurately reported that Borislow represents 90% of the current short-position (755,085) and the rights offering was launched to negatively impact his position. Indeed, Borislow's position is 78,400 shares short and the rights offering results in shares being sold by the company, has no effect on short-positions and simply dilutes the position of existing shareholders. If it is determined that Intelli-Check provided this inaccurate and misleading information and issued the rights offering to negatively affect short sellers than additional securities violations and allegations will be added to the amended complaint amended complaint n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), . The complaint charges that defendants violated Sections 10 (b) and 20 (a) of the Securities and Exchange Act of 1934, and Rule 10b-5 promulgated prom·ul·gate tr.v. prom·ul·gat·ed, prom·ul·gat·ing, prom·ul·gates 1. To make known (a decree, for example) by public declaration; announce officially. See Synonyms at announce. 2. thereunder, by issuing a series of materially false and misleading statements to the market during the class period concerning its' supposedly strong and growing sales thereby artificially inflating the value of the Company's stock price. In fact, sequential sales from Q4 2000 to Q1 and Q2 2001 have substantially decreased. Specifically, during the class period defendants reported materially inflated revenue for Intelli-Check by manipulating the reporting of sales and revenue in its filings with the Securities and Exchange Commission and in its press releases and failing to disclose significant competition having a material impact on the Company and the sale of its products. The defendants on May 9, 2001 announced significant increases in revenue for the second consecutive quarter when in fact shipments and sales of products had actually decreased. The defendants on August 13, 2001 announced that revenues for the second quarter of 2001 increased nearly 15 fold from the second quarter of 2000 and 10 fold for the first six months compared with the year ago period failing to disclose a possible change in the method of accounting for distributor sales impact on revenue and deferred revenues reported in its financial statements. It is also alleged that the misleading disclosures have materially and artificially inflated the price of Intelli-Check shares thereby allowing certain of the defendants to sell shares at substantial gains and allowing the shares to close at or above $10.50 per share since September 24, 2001. If the price of Intelli-Check closes at or above $10.50 per share each day through October 19, 2001, Intelli-Check will be able to force the exercise of 979,076 stock rights at a price of $8.50 per share thereby forcing the sale of stock at an artificially inflated price. At all times relevant defendants benefited, by virtue of substantial ownership interests, through sales and otherwise, from the artificially inflated stock price and rights offering, all to the detriment Any loss or harm to a person or property; relinquishment of a legal right, benefit, or something of value. Detriment is most frequently applied to contract formation, since it is an essential element of consideration, which is a prerequisite of a legally enforceable contract. of the class of short-sellers. If you short-sold the securities of Intelli-Check, Inc., between January 1, 2001 and the present date, you may 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 to serve as a lead plaintiff. You may retain Speziali, Greenwald & Hawkins, PC, or other counsel of your choice, to serve as your counsel in this action. 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 attorney : David A. Speziali 37 Oak Ridge Drive PO Box 1787 Voorhees, New Jersey 08043 Phone number: (856) 772-1006 Email: dspeziali@home.com |
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