RS Diversified Growth Fund Participants Sue for Alleged Distortion of Fund Price |
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A class action has been filed in the District Court of Maryland against RS Diversified Growth Fund, et al and certain of its officers and directors by stockholders who purchased the company’s common stock between October 6, 1999 and October 5, 2004. 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.
Specifically, the complaint alleges that RS Diversified falsely stated that the company actively safeguarded shareholders from the effects of timing (a stock market term that pertains to mutual funds that hold shares in companies that are in different time zones). The Company recently settled a lawsuit with the Securities and Exchange Commission for similar claims.
More specifically, the complaint alleges that the Company:
• Employed devices, schemes and artifices to defraud • Made untrue statements of material fact and/or omitted to state material facts necessary to make the statements not misleading • Engaged in acts, practices, and a course of business which operated as a fraud and deceit upon the purchasers of the RS Funds’ securities in an effort to enrich themselves through undisclosed manipulative trading in violation of Section 10(b) of the Exchange Act and Rule 10b-5.
As a result, the market price of RS Funds was distorted during the class period.
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