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Suntech Power Holdings Co., Ltd : American Depositary Shares
Summary: According to the law firm press release, the Complaint charges Suntech and certain of the Company’s executive officers with violations of federal securities laws. Suntech, a solar energy company, engages in the design, development, manufacture and marketing of photovoltaic products. The Complaint alleges that throughout the Class Period, the defendants made false and/or misleading statements, as well as failed to disclose material adverse facts about Suntech’s business, operations and prospects. Specifically, the Complaint alleges that the defendants made false and/or misleading statements and/or failed to disclose: (1) that Suntech had not been pledged EURO 560.0 million in German government bonds from GSF Capital Pte Ltd., in connection with its May 2010 financing arrangement with the China Development Bank; (2) that the Company lacked internal and financial controls; and (3) that, as a result, the Company's financial statements were materially false and misleading at all relevant times.

On July 30, 2012 the Company disclosed that it was conducting an investigation into the security interest that Suntech purportedly received in May 2010 from GSF Capital Pte Ltd, the parent of the general partner of Global Solar Fund, S.C.A, Sicar (“GSF”), an investment fund created to make investments in private companies that own or develop projects in the solar energy sector that had 80% of its share equity owned by Suntech. According to the Company, outside counsel that had been hired as part of Suntech's initiative to monetize its investment in GSF had noted certain facts and circumstances suggesting that the German government bonds in the amount of EURO 560.0 million purportedly pledged to the Company may not have ever existed. The Company further disclosed that it had filed legal claims against relevant parties in multiple jurisdictions to assert control of GSF and its assets.

On this news, shares of the Company declined $0.23 per share, or 14.65%, to close on July 30, 2012, at $1.34 per share, on unusually heavy volume, and further declined another $0.21, or 15.67%, to close on July 31, 2012, at $1.13 per share, also on unusually heavy volume.

On November 14, 2012, an Order was issued by the Court consolidating the cases under the caption: Bruce v. Suntech Power Holdings Company, Inc.; and under the docket number: 12-cv-0406. Also on the same day, there was an Order Appointing Suntech Investor Group as Lead Plaintiff.

INDUSTRY CLASSIFICATION:
SIC Code: 3674
Sector: Technology
Industry: Semiconductors


COMPANY/ISSUER NAME: Suntech Power Holdings Co., Ltd
COMPANY/ISSUER TICKER: STP
COMPANY WEBSITE: http://www.suntech-power.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Scott Bruce, et al. v. Suntech Power Holdings Co., Ltd, et al.
 COURT: N.D. California  DOCKET NUMBER: 12-CV-04061
 JUDGE NAME: Hon. Richard Seeborg
 DATE FILED: 08/02/2012  SOURCE: 
 CLASS PERIOD START: 08/18/2010  CLASS PERIOD END: 07/30/2012
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Glancy Binkow & Goldberg LLP (Los Angeles)
      1801 Ave. of the Stars, Suite 311, Los Angeles, CA, 90067
       (voice) 310.201.915, (fax) 310. 201-916, info@glancylaw.com
  • Law Offices of Howard G. Smith
      3070 Bristol Pike, Suite 112, Bensalem, PA, 19020
       (voice) 215.638.4847, (fax) 215.638.4867,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Complaint for Violations of the Federal Securities Laws
    Type: Complaint Date on the document: 08/02/2012
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 08/02/2012
    Order Appointing Suntech Investor Group as Lead Plaintiff
    Type: Order Appointing LP/LC Date on the document: 11/13/2012
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 02/05/2013

     OTHER DOCUMENTS
    Case Name and/or Number: 
    Type:  Date on the document: 

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