Finkelstein, Thompson & Loughran Has Filed the Only Currently Pending Securities Fraud Class Action Complaint Against The Mills
25 Januar 2006 - 10:22PM
PR Newswire (US)
WASHINGTON, Jan. 25 /PRNewswire/ -- The law firm of Finkelstein,
Thompson & Loughran filed a putative class action lawsuit in
the United States District Court for the Eastern District of
Virginia on January 20, 2006 against The Mills Corporation,
(NYSE:MLS) ("Mills" or the "Company"), The Mills Limited
Partnership, and certain of its officers, on behalf of persons who
purchased Mills common stock between August 14, 2003 through and
including January 6, 2006 ("Class Period"). According to the
publicly available docket maintained by the court clerk, no other
complaint is currently pending against the Company. Finkelstein,
Thompson & Loughran welcomes inquiries from potential class
members about their rights and interests in this matter. The
lawsuit alleges that Mills violated federal securities laws by
issuing false or misleading public statements. Specifically, the
complaint alleges that Mills and various of its officers,
throughout the class period, overstated the Company's net income
and funds from operations in violation of Generally Accepted
Accounting Principles ("GAAP"), and misrepresented the adequacy and
quality of its internal controls over financial reporting. On
October 31, 2005, Mills announced that its conference call
discussing third quarter results would be delayed because the
company needed additional time to review its accounting, and
further announced the Company expected results to be lower than
initially anticipated. On January 6, 2006, Mills announced that
that: (1) it needed to restate its financial results for fiscal
year 2000 through the third quarter of 2005; (2) that it had
internal control weaknesses and deficiencies in regards to its
accounting practices; (3) that it would write off ten
predevelopment business projects, constituting a $71 million
charge; (4) that 17 executives and/or officers were either
terminated or retired; (5) that a $4.1 million dollar loan would
not be repaid and that Mills had facts available in 2000 sufficient
to make this determination, but that the $4.1 million loan had been
improperly reported in all of Mills' financials from 2000 through
the third quarter of 2005; (6) that Mills was in default of certain
provisions of its line of credit and other project-related loans;
(7) that Mills had entered into a new $150 million credit line to
provide short term liquidity; and (8) disclosed that investors
should no longer rely on its financial statements for the period
from fiscal year 2000 through the third quarter of 2005.
Thereafter, on January 12, 2006, Mills announced that the
Securities and Exchange Commission (the "SEC") had launched an
informal investigation into its earlier announcement that a
restatement of its financials for nearly five years would be
required. In response to the October 31, 2005 announcement, the
price of Mills common stock dropped from a closing price of $53.50
on October 31, 2005 to close at $45.68 per share on November 1,
2005 -- a dramatic drop of nearly 15%. As a result of the
subsequent January 6, 2006 announcement, the price of Mills common
stock further dropped from a close of $42.23 on January 6, 2006 to
a close of $41.05 on January 10, 2006, constituting an additional
decline of 3%. If you are a member of the class, you may, no later
than March 20, 2006, request that the Court appoint you as a lead
plaintiff. A lead plaintiff is a class member appointed by the
Court to direct the litigation on behalf of the class. Although a
class member need not be appointed as a lead plaintiff to receive a
proportionate share of any proceeds of the litigation, lead
plaintiffs make important decisions that could affect the
prosecution of the class claims, including decisions concerning
settlement. The federal law creates a rebuttable presumption that
the plaintiff with the largest financial interest in the litigation
is the most adequate to serve as a lead plaintiff. With offices in
Washington, D.C. and San Francisco, Finkelstein, Thompson &
Loughran has spent almost three decades delivering outstanding
representation to institutional and individual clients in
connection with securities and other finance-related litigation,
and has been appointed as lead or co-lead counsel in dozens of
shareholder class actions. In the past ten years, the firm has
served in leadership roles in cases that have recovered over $1
billion for investors and consumers. If you have any questions
concerning this notice or your rights and interests, please contact
Finkelstein, Thompson and Loughran's Washington, D.C. office, at
(877) 337-1050, or by email at . First Call Analyst: FCMN Contact:
DATASOURCE: Finkelstein, Thompson & Loughran CONTACT: Donald J.
Enright, Esq., or Benjamin J. Weir, Esq., of Finkelstein, Thompson
& Loughran, +1-202-337-8000 Web site: http://www.ftllaw.com/
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