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Dynacq International Hit with New Round of Class Actions Over Alleged Failure to Follow GAAP

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Case ID: 3090 | Stocks | 01/26/2004

Several class actions have been filed against healthcare facility operator Dynacq International (Nasdaq: DYIIE, formerly Nasdaq: DYII) and certain of its officers and directors by stockholders who purchased the company's common stock between January 14, 2003, and December 18, 2003. The actions claim that the defendants fraudulently certified that Dynacq's financial statements for the first three quarters of fiscal 2003 were compiled in compliance with Generally Accepted Accounting Principles. The stockholders seek to recover compensatory damages for the loss of value of their stock.

The true facts were first revealed beginning on December 2, 2003, when the Dynacq announced that it was requesting an automatic extension of up to 15 days to file its Form 10-K for fiscal year ended August 31, 2003, with the SEC. On December 18, 2003, the company announced that its independent auditor, Ernst & Young, LLP, had resigned due to the Dynacq’s lack of internal controls necessary to develop reliable financial statements.' It also announced that it had received a Nasdaq Staff Determination stating that its stock might be de-listed on December 30, 2003, due to Dynacq's failure to file its fiscal year 2003 10-K in a timely manner. The same day, the company announced that it had received notice that the SEC was conducting an investigation into its reporting of its financial statements, revenue and cost recognition, allowances for doubtful accounts, and internal financial and accounting controls.

The market reacted negatively to these disclosures. Dynacq shares, after trading during the applicable period at a high of $27.37 per share, plummeted to a low of just $4.09 per share on December 19, 2003.

If you purchased or otherwise acquired Dynacq securities during the period described above, you may request that the court appoint you as a lead plaintiff, but you must do so no later than February 24, 2004.


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