Business Services Industry
Louisiana and Miami Pension Fund Lead Plaintiffs Announce $139 Million Partial Settlement of Securities Litigation Against Symbol Technologies, Inc
Business Wire, June 3, 2004
Business Editors/Legal Writers
NEW YORK--(BUSINESS WIRE)--June 3, 2004
The Louisiana Municipal Police Employees' Retirement System, Louisiana Sheriff's Pension & Relief Fund and City of Miami General Employees' & Sanitation Employees' Retirement Trust ("Lead Plaintiffs") announce that they have reached a settlement with Symbol Technologies, Inc. ("Symbol") and certain of its former directors and officers, on behalf of all persons or entities who purchased or acquired Symbol common stock from February 15, 2000 to October 17, 2002 (the "Class Period"), that will provide at least $139 million in stock and cash for class members. Symbol, based in Holtsville, N.Y., develops, manufactures, sells and services bar scanner-integrated mobile and wireless information management systems and services.
The Consolidated Amended Class Action Complaint in In re Symbol Technologies, Inc. Litigation, pending before the Honorable Leonard D. Wexler in the United States District Court for the Eastern District of New York, alleges that, during the Class Period, Symbol and certain of its former officers and directors intentionally inflated Symbol's quarterly and annual revenues and profits by prematurely recognizing millions of dollars in revenue through "channel stuffing," fabricated sales, and a variety of other means. The Complaint further alleges that Symbol and these individuals, at the end of each fiscal quarter, would artificially manufacture millions of dollars in last minute revenue by, among other things, shipping product on consignment and recognizing revenue months before products were constructed, configured or shipped to its clients. On September 16, 2003, the Court denied Defendants' motions to dismiss the Complaint.
If approved by the Court, the settlement will provide class members with Symbol common stock worth at least $96,250,000 and $5,750,000 in cash. In particular, Symbol has agreed to pay shares of Symbol common stock worth at least $96,250,000 at the time of distribution. If the value of the stock appreciates in the meantime, that additional value will be passed on to shareholders. The settlement also provides that the value of the stock will be protected down to 70% of its value. Moreover, Symbol has agreed to pay $1,750,000 in cash, and former CEO and Co-Founder Jerome Swartz has agreed to pay $4,000,000 in cash.
In addition, as a direct result of the concurrent efforts of the United States Government and its agencies and Lead Plaintiffs and Lead Counsel, Symbol also agreed to pay an additional $37,000,000 in cash into a Joint Compensation Fund, as payment to the United States Government and its agencies and in settlement of the class members' claims. The funds in the Joint Compensation Fund will be used only to pay the claims of class members.
Lead Plaintiffs are continuing to prosecute the claims against defendants Tomo Razmilovic, Kenneth J. Jaeggi, Frank Borghese, and Brian Burke, all of whom were officers of Symbol during the Class Period. In addition, Symbol's former auditor, Deloitte & Touche LLP, has been sued in a separate lawsuit.
Lead Plaintiffs are represented by the law firms of Bernstein Litowitz Berger & Grossmann LLP and Berman DeValerio Pease Tabacco Burt & Pucillo.
- 5 Rules for Immediate Annuities
- Death in the Family: 12 Things to Do Now
- Dumbest Things You Do With Your Money
- 6 Online Networking Mistakes to Avoid
- 401(k) Mistakes to Avoid
- 5 Economic Scenarios to Keep You Up at Night
- The Real ‘Best Places to Retire’
- Best Credit Cards for You
- 12 Tough Questions to Ask Your Parents
- The Real ‘Best Colleges’
- Home Buyer Tax Credit: How to Cash In
- Why You Shouldn't Bash Cash
- 8 Phony 'Bargains' and Better Alternatives
- Danger: 3 Debit Card Scams to Avoid
- 6 Myths About Gas Mileage
- 29 Fees We Hate Most
- Quick and Easy Ways to Boost Returns
- Best Stocks to Buy Now
- Lower Your Taxes: 10 Moves to Make Now
- New Jobs: 8 Lessons from Real-Life Career Switchers
- The New Job Market: Who Wins and Who Loses?
- Health Care Reform's Public Option: Everything You Need to Know
- Volunteer Work When Unemployed: Should You Work for Free?
- Whose Recovery Is This?
- Long-Term-Care Insurance: 4 Biggest Risks to Avoid
Content provided in partnership with
Most Recent Business Articles
- Multiple criteria evaluation and optimization of transportation systems
- Multi-criteria analysis procedure for sustainable mobility evaluation in urban areas
- A two-leveled multi-objective symbiotic evolutionary algorithm for the hub and spoke location problem
- Multi-criteria analysis for evaluating the impacts of intelligent speed adaptation
- The development of Taiwan arterial traffic-adaptive signal control system and its field test: a Taiwan experience
Most Recent Business Publications
Most Popular Business Articles
- 7 tips for effective listening: productive listening does not occur naturally. It requires hard work and practice - Back To Basics - effective listening is a crucial skill for internal auditors
- LIFO vs. FIFO: a return to the basics
- FAS 109: a primer for non-accountants - Financial Accounting Standards Board's "Statement 109: Accounting for Income Taxes"
- Too Young to Rent a Car? - 25-years-old the minimum age for car renting - Brief Article
- Design a commission plan that drives sales - Sales Commissions


