Cohen, Milstein, Hausfeld & Toll, P.L.L.C. Announces Class Action Lawsuit on Behalf of Investors of The Mills Corporation
07 März 2006 - 3:10PM
Business Wire
The law firm of Cohen, Milstein, Hausfeld & Toll, P.L.L.C. has
filed a lawsuit on behalf of its client and on behalf of other
similarly situated purchasers of the securities of The Mills
Corporation (NYSE:MLS) ("Mills" or "the Company") between February
17, 2004 and January 6, 2006 inclusive (the "Class Period"), in the
United States District Court for the Eastern District of Virginia.
The complaint charges Mills and certain of its officers and
directors with violations of the Securities Exchange Act of 1934.
Mills, a real estate investment trust ("REIT"), engages in the
development, redevelopment, leasing, financing, management, and
marketing of retail properties. The complaint alleges that, during
the Class Period, defendants issued numerous materially false and
misleading statements (in press releases, on conference calls with
investors and in filings with the Securities and Exchange
Commission) which caused Mills' securities to trade at artificially
inflated prices. As alleged in the complaint, these statements were
materially false and misleading because they misrepresented and
failed to disclose the following adverse facts: (i) that the
Company was materially overstating its financial results by
improperly accounting for certain investments by its subsidiary,
Mills Enterprises, Inc., among other things. Mills has now stated
that it will be restating its financial statements for 2000 through
2004, and for the first three quarters of 2005, cut jobs and write
off projects, which will result in approximately $77 million in
charges for the fourth quarter; (ii) that the Company lacked
adequate internal controls and was therefore unable to ascertain
its true financial condition; and (iii) that, as a result of the
foregoing, the values of the Company's net income and funds from
operations were materially overstated at all relevant times.
Beginning on October 31, 2005, the Company began to disclose the
extent of its troubles. On that day, Mills announced that it would
be rescheduling its conference call with investors because it
needed extra time to evaluate its accounting for several items. On
November 9, 2005, defendants disclosed additional problems with,
among other things, weaknesses in the Company's internal controls.
Then, on January 6, 2006, the Company announced that it will be
restating its financial results for 2000 through 2004 and for the
first three quarters of 2005. It also stated that it would cut jobs
and write off projects, which will result in approximately $77
million in charges for the fourth quarter of 2005. Following all of
these disclosures, shares of Mills common stock declined. If you
purchased or acquired Mills securities during the Class Period, you
may, no later than March 21, 2006, move the court to be appointed
as Lead Plaintiff. There are certain legal requirements to serve as
Lead Plaintiff. Any member of the purported class may move the
court to serve as Lead Plaintiff through counsel of their choice or
may choose to remain an absent class member. Your ability to share
in any recovery is not, however, affected by the decision whether
or not to serve as Lead Plaintiff. To be a member of the class, you
need not take any action at this time. Cohen, Milstein, Hausfeld
& Toll, P.L.L.C. has significant experience in prosecuting
investor class actions and actions involving securities fraud. The
firm has offices in Washington, D.C., New York and Chicago, and is
active in major litigation pending in federal and state courts
throughout the nation. You may visit the firm's website at
www.cmht.com. The firm's reputation for excellence has been
recognized on repeated occasions by courts which have appointed the
firm to lead positions in complex multi-district or consolidated
litigation. Cohen, Milstein, Hausfeld & Toll, P.L.L.C. has
taken a lead role in numerous important cases on behalf of
defrauded investors, and has been responsible for a number of
outstanding recoveries which, in the aggregate, total in the
billions of dollars. If you have any questions about this notice or
the action, or with regard to your rights, please contact either of
the following: -0- *T Steven J. Toll, Esq. Donna Choi Cohen,
Milstein, Hausfeld & Toll, P.L.L.C. 1100 New York Avenue, N.W.
West Tower - Suite 500 Washington, D.C. 20005 Telephone:
888-240-0775 or 202-408-4600 E-mail: stoll@cmht.com or
dchoi@cmht.com *T
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