Cohen Milstein Sellers & Toll, PLLC Announces Investigation of HQ Sustainable Maritime Industries, Inc. (HQS)
May 20 2011 - 1:21PM
Business Wire
Cohen Milstein Sellers & Toll PLLC, is conducting an
investigation to determine whether HQ Sustainable Maritime
Industries, Inc. (“HQS” or the “Company”) and certain of its
officers and directors made false and misleading statements and/or
omissions in violation of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934.
A class action lawsuit has been filed in the U.S. District Court
for the Western District of Washington by another law firm on
behalf of all purchasers of the common stock of HQ Sustainable
Maritime Industries, Inc. (AMEX:HQS) between May 11, 2009 and April
1, 2011, inclusive (the “Class Period”).
HQS engages in the production and marketing of health products
derived from marine-based raw materials, including Tilapia. The
Company is headquartered in Seattle, Washington with operations in
China. The complaint alleges that HQS and certain of its officers
and/or directors (“Defendants”) made false and misleading
statements and/or omissions in violation of Sections 10(b) and
20(a) of the Securities Exchange Act of 1934. Specifically, the
complaint alleges that Defendants misrepresented and/or failed to
disclose that: (1) a substantial portion of the Company's revenues
were overstated; (2) HQS' financial statements were materially
false and misleading and not prepared in accordance with GAAP; (3)
HQS had material deficiencies in its system of internal control
over its financial reporting; and (4) in light of the foregoing,
Defendants lacked a reasonable basis for their positive statements
about the Company, its prospects and growth.
On March 16, 2011, HQS announced that it would be unable to
timely file its 2010 Form 10-K, citing “delays in compiling
information for the preparation of the financial statements.” The
Company assured investors that it expected to file its annual
report by April 1. Despite that assurance, on April 1 HQS announced
that it would not in fact be able to file its 2010 Form 10-K
“because the audit of the Company’s financial statements has not
been completed due to difficulties and delays in obtaining and
verifying certain information.” Trading in HQS shares was suspended
on April 1 and the shares last traded at $2.78.
On April 6, Andrew Intrater, the Chairman of HQS’ Audit
Committee, abruptly resigned, explaining in a letter to defendant
Norbert Sporns, Chief Executive Officer and President of HQS, that
Intrater was “compelled by conscience” to do so because of the
“delay and resistance” the Audit Committee encountered from Sporns
and other members of management in its efforts to verify
“information relating to the company’s accounts and customer
positions.” The following day, HQS reported that it had been
notified by NYSE Amex that, as a result of Intrater’s resignation,
HQS was no longer in compliance with listing standards which
required the Company to have a majority of independent directors
and at least three independent directors on its Audit
Committee.
Cohen Milstein encourages all purchasers of HQS stock, including
persons or entities that purchased HQS’ common stock pursuant
and/or traceable to the Company's secondary offerings on or about
June 11, 2009 and/or August 10, 2010, or former employees with
information concerning this matter to contact the firm.
If you are a HQS shareholder and would like to discuss your
right to recover for your economic loss, you may, without any cost
or obligation, call Cohen Milstein’s Managing Partner, Steven J.
Toll at (888) 240-0775 or (202) 408-4600, or email him at
stoll@cohenmilstein.com. If you purchased the common stock of HQS
and wish to serve as lead plaintiff, you must move the Court no
later than June 27, 2011 to request that the Court appoint you as
lead plaintiff. A lead plaintiff is a representative party acting
on behalf of other class members in directing the litigation. To be
appointed lead plaintiff, the Court must decide that your claim is
typical of the claims of other class members, and that you will
adequately represent the class. Your share in any recovery will not
be enhanced or diminished by the decision whether or not to serve
as a lead plaintiff. Any member of the proposed class may retain
Cohen Milstein Sellers & Toll PLLC or other attorneys to serve
as your counsel in this action, or you may do nothing and remain an
absent class member.
Cohen Milstein Sellers & Toll PLLC has significant
experience in prosecuting investor class actions and actions
involving securities fraud. The firm has offices in Washington,
D.C., New York, Philadelphia, and Chicago, and is active in major
litigation pending in federal and state courts throughout the
nation.
The firm’s reputation for excellence has repeatedly been
recognized by courts which have appointed the firm to lead
positions in complex multi-district or consolidated litigation.
Cohen Milstein Sellers & Toll PLLC 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 over a billion dollars. Prior results do not
guarantee a similar outcome. For more information visit
www.cohenmilstein.com.
If you have any questions about this notice or the action, or
with regard to your rights, please contact either of the
following:
Steven J. Toll, Esq.Tyler GaffneyCohen
Milstein Sellers & Toll PLLC1100 New York Avenue, N.W.West
Tower, Suite 500Washington, D.C. 20005Telephone: (888) 240-0775 or
(202) 408-4600Email: stoll@cohenmilstein.com;
tgaffney@cohenmilstein.com
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