According to the docket, on October 29, 2004, the plaintiffs filed a Stipulation of Settlement. On April 19, 2005, the Court entered the Minutes of Approval of Settlement held before Judge K. M. Moore. On April 27, 2005, the Court entered the Final Judgment and Order of Dismissal with Prejudice by Judge K. M. Moore.
As stated in the complaint, Commercial Consolidators Corporation (“ZCC”) purported to be a highly profitable, growing distributor of consumer electronics and business technologies. In April 2000 it began to expand into growth industries and high-margin, converging products markets in North and Latin America. ZCC is divided into a Business Technologies Group and a Consumer Electronics Group. In the fiscal year ending February 28, 2001, the Business Technologies Group represented approximately 70% of ZCC’s revenues. Additionally, in the fiscal year ending February 28, 2001, approximately 99% of the Consumer Electronics Group revenues was derived from sales in Cuba. However, they allowed their Cuban business segment to steadily decline.
The complaint alleges that despite the known losses in revenue, ZCC continued to encourage investment through the use of e-mail solicitations. Trading on ZCC securities was halted, without explanation or warning on September 12, 2002. In the face of continual downturn in the market, the Company employed a scheme to obscure this trend (and the resulting collapse of the Company’s sales), in order to create the false impressions that its historical revenue growth was sustainable. The defendants’ scheme to hide ZCC’s inability to compete in the emerging marketplace included failing to file required SEC filings and failure to inform investors of its intent to shut down Cuban operations.