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1
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CONSOLIDATED AMENDED COMPLAINT
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EXTRACTED KEY WORDS
CYBERGUARD REVENUES PLAINTIFFS COMMON STOCK SALES LOSS CARBERRY ACT FACTS REPRESENTATIONS MISLEADING EXECUTIVE OFFICER AUDIT ASSETS GROSS PROFIT RESELLERS MISREPRESENTATIONS GROSS MARGIN KPMG GAAP CHIEF EXECUTIVE OFFICER OPERATING LOSS CONTRACTS CYKRGUARD SECURITY PRODUCTS ALLEGATIONS SET FCLNH SUBSTANTIAI CYBEFFIUARD FRAUDULENT |
UNITED STATES DISTRICT COURT NIGHT
FOR THE !WJTHERN DISTRICT QF FILED
FLORiDA
MIAMI PIVISION
STEVEN CHENEY at al.. individually ~rul
on behaIf of all others simikIy ~ituatcd, ;
Plaintiff, i 1
V.
1
CYBERGUARD CORPORATIOFd, ROBERT )
L. CARBERRY and WILLIAM D. MURRAY, )
Defendants. ;
_--- -_l_l---__._____T1_ * .__* - LI--q" _"ch-ewmm+qM*
q_+-. -"---I x
CONSQLT'DATED AND AMENDED CLASS ACTION COMPLAINT
Lead plabtiffs Robert Ciovic, Michael Brown, Sudhir Mehta, Anthony Paoltiico,
I&IO Miller, Etiot Meshularn. Jorin Daieanes, Thomas Schueck and Mary LOU Htivey
("Plaintiffs') make the allegations set fclnh in this Amended Class Action Complaint upon
information and belief, except those allegations specifically pertaining to Plaintiffs or
cour~l. which allegations are based on Plaintiffs' personal knowlerlge.
1.
NATTJREOFTHEACTION
I. This is a wurities fraud class action brought on behalf of a class (the
consisting of in\lestors who acguired the common stock of defendant CyberGuard
&qorarion ("CyberGuard" or the `Company") between November 7, 1996 and August 24,
3998 (the "Class Period"), and who wecc damaged thereby. Plaintiffs seek re&iea under
tht &&tics and Exctige Act of 1934 (the "Exchange Act*`).
2. The defendants i~ltie: (a) Robert Carberry, who was CyberGuard's
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2
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COMPLAINT
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EXTRACTED KEY WORDS
TRUTH ARCA ACUUISITION INDICATORS REVENUE RECOGNITION BASIS |
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
---X
EDWIN DICKLER, individually and on Civil
behalf of,all others similarly
situated, CLASS
Plaintiff,
- v. - : JURY
CYBERGUARD CORPORATION, ROBERT L.
CARBERRY and WILLIAM D. MURRAY,
Defendants.
Plaintiff, individually and on behalf
persons similarly situated, by his undersigned
complaint, alleges upon personal knowledge as
own acts, and upon information and belief as to
matters, based upon, inter alia, the investigation
through his attorneys, which investigation
things, a review of the public documents,
Commission ("SECVV) filings, analyst reports,
media reports, regarding CyberGuard Corporation
the t'Companytt), as follows:
JURISDICTION AND VENUE
1. The claims alleged herein arise
10(b) and 20 of the Securities Exchange Act of
"Exchange Act"), 15 U.S.C. §§ 78j(b) and 78t, and
C.F.R. § 240.10b-5 promulgated thereunder.
2. The jurisdiction of this Court
27 of the Exchange Act, 15 U.S.C. § 78aa and 28
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