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Case Status:    DISMISSED    
On or around 09/10/2004 (Date of order of final judgment)

Filing Date: October 24, 2002

According to the Company’s FORM 10-Q For The Quarterly Period Ended September 30, 2004, the Court appointed a lead plaintiff who filed a Consolidated Amended Complaint. The Company filed a Motion to Dismiss the Consolidated Amended Complaint. Also, in the first quarter of 2003, a lawsuit making essentially the same allegations and demands was filed in state Common Pleas Court, Columbus, Ohio against AEP, certain executives, members of the Board of Directors and the Company’s independent auditor. The Company removed this case to federal District Court in Columbus and the Court denied plaintiff's motion to remand the case to state court. In September 2004, the U.S. District Court Judge dismissed the cases and expressly denied the plaintiffs' request for an opportunity to file amended complaints with new or revised allegations. Plaintiffs did not appeal this decision.

The Complaint alleges that defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, by issuing a series of material misrepresentations to the market between April 24, 2001 and October 9, 2002, thereby artificially inflating the price of AEP securities. Throughout the Class Period, as alleged in the complaint, AEP issued materially false and misleading statements regarding its increasing
energy trading revenues and earnings. As alleged in the complaint, these
statements were materially false and misleading because they failed to
disclose, among other things, that: (i) the Company failed to implement
appropriate risk management procedures regarding information provided to trade publications; (ii) as a result of this failure to implement appropriate risk
management procedures, the Company was manipulating price indices used
throughout the industry; (iii) as a result of this manipulation, the Company
gained revenue and profits that it could not maintain absent manipulation; (iv)
without improper manipulation, the Company could not successfully maintain its energy trading business; and (v) as a result, the energy trading business was not the business opportunity that the Company presented throughout the Class Period. On October 9, 2002, the last day of the Class Period, AEP announced that it had fired five of its thirty natural-gas traders, who AEP stated had given false gas pricing data to index publishers. While AEP acknowledged that its traders had not been engaged in "ethical business practices," it claimed that it did not know whether the false data affected the published indices. In fact, no one at AEP asked any of the fired traders why they engaged in the fraudulent activities. As alleged in the complaint, by making this announcement, AEP was essentially admitting that it had failed to institute appropriate oversight measures to prevent the wrongful activity, and by doing so, was able to make substantial profits from its energy selling activities.

COMPANY INFORMATION:

Sector: Utilities
Industry: Electric Utilities
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: AEP
Company Market: New York SE
Market Status: Public (Listed)

About the Company & Securities Data


"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: S.D. Ohio
DOCKET #: 02-CV-1045
JUDGE: Hon. lgenon L. Marbley
DATE FILED: 10/24/2002
CLASS PERIOD START: 05/17/1999
CLASS PERIOD END: 10/09/2002
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Bernstein Liebhard & Lifshitz, LLP (New York)
    10 E. 40th Street, 22nd Floor, Bernstein Liebhard & Lifshitz, LLP (New York), NY 10016
    800.217.1522 · info@bernlieb.com
  2. Milberg Weiss Bershad Hynes & Lerach LLP (New York, NY)
    One Pennsylvania Plaza, Milberg Weiss Bershad Hynes & Lerach LLP (New York, NY), NY 10119-1065
    212.594.5300 ·
  3. Strauss & Troy
    The Federal Reserve Building, 150 East Fourth Street, Strauss & Troy, OH 45202-4018
    513.621.2120 513.241.8250 · wlwoods@strauss-troy.com
  4. Waite Schneider Bayless & Chesley Co. LPA (Cincinnati)
    1513 Fourth & Vine Tower, One West Fourth Street, Waite Schneider Bayless & Chesley Co. LPA (Cincinnati), OH 45202
    513.621.026 513.381.2375 · wsbclaw@aol.com
  5. Wolf Haldenstein Adler Freeman & Herz LLP (New York)
    270 Madison Avenue, Wolf Haldenstein Adler Freeman & Herz LLP (New York), NY 10016
    212.545.4600 212.686.0114 · newyork@whafh.com
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