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Bad Notes from The Singing Machine Company

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Case ID: 2533 | Stocks | 08/19/2004

A class action has been filed against karaoke equipment maker The Singing Machine Company, Inc. (AMEX: SMD), certain of its officers and directors, and its auditor, Salberg & Company, P.A., by stockholders who purchased the company's common stock between August 9, 2001, and June 27, 2003. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock.

The action alleges that Singing Machine emerged from bankruptcy in 1998 and thereafter issued a series of press releases emphasizing "record" net income to foster the impression that the company had profitably emerged from bankruptcy and had successfully completed its corporate turnaround. In response to the company's barrage of press release and public filings reporting strong financial results, Singing Machine's stock price soared to over $26 per share in March 2002.

On June 27, 2003, Singing Machine shocked the market by announcing it would restate 2002 and possibly 2001 financial results, and would not be able to timely file its Annual Report on Form 10-K for the fiscal year ended March 31, 2003. The company said these measures were necessary in order to properly account for income tax provisions for fiscal 2003 and to report an inventory reserve for fiscal 2003.

As a results, the defendants revealed that the company's net income for fiscal 2003 will be significantly below prior expectations. Singing Machine further announced that the restatement would have the effect of reducing net income for fiscal 2002 and possibly fiscal 2001. On June 27, 2003, in late afternoon trading alone, Singing Machine stock lost over 30% of its value on enormous trading volumes of over 460,000 shares traded--in contrast to average trading volumes of around 50,000 shares.


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