Investigation Overview
San Diego, Aug 26, 2011 (Shareholders Foundation) --Certain directors and officers of American Capital Ltd. are under investigation on behalf of investors in NASDAQ: ACAS shares concerning possible breaches of fiduciary duties.
The investigations by law firms focus on allegations that between October 2007 and November 2008 American Capitals exposure to events in the credit markets was greater than American Capital had disclosed, American Capital planned to retain capital gains from its investments rather than distributing them to shareholders, American Capital would need to modify its policy concerning dividends, and American Capitals internal and financial controls were insufficient.
In December 2008, a shareholder of American Capital Ltd. (NASDAQ:ACAS) already filed a lawsuit on behalf of purchasers of securities of American Capital Ltd. who purchased their ACAS shares only between October 30, 2007 and November 7, 2008.
against American Capital Ltd. over alleged violations of Federal Securities laws.
According to that complaint filed in in the United States District Court for the District of Maryland the plaintiff alleged that American Capital Ltd. (NASDAQ:ACAS) violated the Securities Exchange Act of 1934 by failing to disclose and misrepresented the material adverse facts which were known to defendants or recklessly disregarded by them and throughout above stated period and most of the companys history, investors were lured to invest in American Capitals stock due to its large and dependable dividend payments and investors were repeatedly assured that such dividend payments would continue. But then, so the lawsuit, on November 10, 2008, American Capital shocked investors when it reported a quarterly loss, suspended dividends, and stated that it would retain capital gains from investments as opposed to distributing them to shareholders as previously stated.
In fact American Capitals annual Total Revenue fell from $1.24billion for 2007 to $600million in 2010 and American Capital had to report a significant Net Loss of $3.11billion in 2008, respectively a Net Loss of $910million for 2009.
And even though shares of American Capital Ltd. (NASDAQ: ACAS) increased from as low as $0.585 per share in March 09 to over $10 in May 2011, NASDAQ ACAS stocks traded during 2007 as high as $49.63, respectively during 2008 as high as $36.42 per share.