CASE DISMISSED: Several class actions were filed against venture capital organization TechHarvest Group, LLC, numerous affiliated companies, and certain of its officers and directors, on behalf of purchasers of membership interests in Harvest AirPrime, LLC; Harvest Storage Technology Group, LLC; and Woodcarvers Limited, LLC, between November 20, 1998, and December 31, 2003. The actions claimed 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 complaint charged the defendants with violating Section 10b of the Securities Exchange Act of 1934, breach of fiduciary duty, and other state law causes of action for allegedly failing to disclose material information concerning investments in the companies, including the fact that Robert Harvey, the broker for the securities and manager of the companies had prior fraud-related convictions and was to receive undisclosed compensation for his role in the offerings. As a result of this conduct, investors in the companies allegedly suffered damages during the applicable period.
The action apparently relates to the sale of shares of stock or other equity interests and debt securities of Harvest Storage Technology Group, LLC, Harvest AirPrime, LLC, Woodcarvers Limited, LLC, and Chaparral Network Storage, Inc. Robert Harvey, the managing partner of TechHarvest Group, LLC, and the other companies, raised at least $25 million from investors to be used as operating capital for new and developing companies.
In connection with the sales, Harvey allegedly made misrepresentations or omissions of material fact including the following:
• That he had a history of state and federal convictions, some related to securities violations;
• That he had a record of numerous disciplinary actions initiated by the National Association of Securities Dealers (NASD);
• That he had been denied registration by the NASD because of the serious nature of the misconduct that resulted in his conviction;
• That he had numerous other unsuccessful business ventures in his past; and
• That the projected return on investment given to potential investors would require investors to provide additional funds to protect their initial investment.
Named as defendants in the action are: Robert T. Harvey; C. Timothy Smoot; Douglas J. Lehrmann; F. Grant Saviers; Victor Perez; Bruce Craig; Michael Waller; Sierra Wireless America, Inc., formerly known as Airprime, Inc.; Chaparral Network Storage, Inc.; Harvest Storage Technology, LLC; Woodcarvers Limited, LLC; Sentinel Consulting, LLC; Sentinel Consulting Corporation; Sentinel Consulting Group, LLC; and TechHarvest Group, LLC.
If you purchased an ownership interest in any of the named companies during the applicable period, you may request appointment by the court as a lead plaintiff if you do so by September 21, 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.
Update
On February 28, 2006, the United States District Court for the Central District of California entered an Order Dismissing Action and Entering Final Judgment in the Robert T. Harvey Securities Litigation.