Investigation Overview
A Beckman Coulter investor filed a lawsuit on behalf of purchasers of Beckman Coulter, Inc. common stock during the period between July 31, 2009 and July 22, 2010 against Beckman Coulter over alleged violations of Federal Securities Laws. Meanwhile an investigation on behalf of current long term investors of Beckman Coulter, Inc. (NYSE:BEC), also including those who purchased prior to July 2009 Beckman Coulter, Inc. (NYSE:BEC) shares and continue to hold those shares, over possible breaches of fiduciary duty by the Beckman Coulter board of directors was announced.
Beckman Coulter, Inc., located in Brea, California, is a manufacturer and marketer of biomedical testing instrument systems, tests and supplies. According to the complaint filed in the United States District Court for the Central District of California the plaintiff alleges on behalf of purchasers of Beckman Coulter, Inc. (Public, NYSE:BEC) common stock during the period between July 31, 2009 and July 22, 2010 that Beckman Coulter, Inc. and certain of its officers and directors violated the Securities Exchange Act of 1934 by issuing between July 31, 2009 and July 22, 2010 materially false and misleading statements regarding its business and financial results. The plaintiff alleges that the defendants engaged in improper behavior that harmed Beckman's investors by failing to disclose the quality and compliance issues related to its troponin test kits and as a result of defendants' false statements, Beckman's stock (BEC) traded at artificially inflated prices between July 31, 2009 and July 22, 2010, reaching a high of $71.20 per share on September 14, 2009.
On June 21, 2010 the U.S. Food and Drug Administration has issued a warning letter to Beckman Coulter Inc. reiterating the agency's stance that Beckman Coulter marketed a test for heart problems without needed FDA clearance. Then on July 22, 2010, Beckman Coulter, Inc. reported its second quarter 2010 results, announcing that it had missed earnings estimates for the quarter and further that it was reducing its guidance due in substantial part to troponin quality and compliance issues. As a result of this news, so the lawsuit, Beckman Coulter's stock BEC declined $12.64 per share to close at $47.26 per share on July 23, 2010, a one-day decline of 21% on volume of over 8.6 million shares. On September 07, 2010, Beckman Coulter Inc. announced that Chairman and Chief Executive Scott Garrett resigned, effective September 6, 2010.
The board of directors appointed J. Robert Hurley as interim president and CEO. Shares of Beckman Coulter, Inc. (BEC) traded recently at $45.11 per share, down from its current 52 week High of $71.57 per share. BEC shares traded in July 2010 as high as $63.25 per share before taking the hit on July 23, 2010 to under $48 per share. BEC shares traded as high as $74.94 per share in August 2008 before decreasing until the end of the year as a result of the financial crisis to as low as $39.44 per share in December 2008. Since the 2008 low BEC shares were able to regain value in 2009 to as high as over $70 per share.