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KVH Industries Admits to Channel-Stuffing |
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Several class actions have been filed against mobile satellite communications manufacturer KVH Industries, Inc., (Nasdaq:KVHI) and certain of its officers and directors by stockholders who purchased the company's common stock between January 6, 2004, and July 2, 2004. The actions claim 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 complaint alleges that, throughout the applicable period, the defendants issued materially false and misleading statements regarding KVH’s increasing financial results and the strong demand for its newly-developed TracVision A5 and G8 satellite TV systems. These statements were materially false and misleading because they failed to disclose, among other things: (1) that the defendants had “stuffed” the retail channels with overpriced TracVision systems; (2) that the company’s revenues were not growing by millions of dollars per quarter; (3) that the reported growth trends in the company’s revenues could not be sustained; and (4) that KVH had not realized any material cost reduction in the manufacture of its TracVision systems and would be forced to write-down its inventory of manufactured goods by millions of dollars. The lawsuit further alleges that the defendants failed to disclose these adverse facts so that it could complete a public offering of KVH common stock, raising more than $51.5 million in much-needed capital.
On or about July 6, 2004, before the market opened for trading, KVH stunned the investing public by announcing that it was slashing the retail price of its TracVision systems by more than 34% and that is was taking a multi-million dollar write-down of vendor purchase commitments and on-hand inventories to reflect the true value of KVH’s TracVision systems sales. In pre-opening market trading, KVH common stock declined more than 19%, to open at $9.51 per share on July 6, 2004, a 49% decline from the public offering price just 4 months prior.
If you purchased securities issued by KVH Industries during the applicable period, you may request appointment by the court as a lead plaintiff if you do so by September 20, 2004. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the court must determine that your claim is typical of the claims of other class members, and that you will adequately represent the class. Under certain circumstances, one or more class members may together serve as lead plaintiffs. Your ability to share in any recovery is not affected by the decision whether or not to serve as a lead plaintiff. You may retain any counsel of your choice to serve you in this action, or you may choose to do nothing, and remain in the class as a silent member.
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