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Attorneys
Win $178 Million For Shareholders In Securities Fraud Case
- One Of The Largest Verdicts Ever Awarded In Virginia's History
Collins & Watson - Clifford, Lyons & Garde - DiMuro,
Ginsberg & Mook and Hardy & Johns Secure Judgment for Plaintiffs
ALEXANDRIA, VA --- August 16, 2002 --- A landmark
judgment against an Internet company was rendered late yesterday,
August 15th in Alexandria, Virginia's U.S. District Court when
a jury held corporate officers and entities accountable for
fraud and misrepresentation by awarding over $178 million in
compensatory and punitive damages to shareholders.
The judgment against defendants - TutorNet.com Group, Inc. (TTNP);
TutorNet.com, Inc; Euburn Forde, Founder, Chairman and former
Chief Executive Officer; and Rajiv Dalal, Co-Founder and at
one time Chief Financial Officer - is one of the largest civil
awards ever made by a jury in the State of Virginia. Primus
Telecommunications (PRTL), Primus subsidiary Tutornet.com Services,
Inc., CEO Paul Singh and CFO Neil Hazard were at one time defendants
in the case; however, Judge Leonie Brinkema dismissed all Primus-related
defendants midway through the two-week trial. Attorneys representing
the shareholders intend to appeal that decision, and if successful,
will seek to hold the Primus defendants responsible for the
award of damages.
Evidence presented in the case centered on a series of gross
material misrepresentations made to shareholders that served
as the basis for inducing investment, and the subsequent fact
that certain investors including the plaintiffs who had invested
in the private company, Tutornet.com did not receive shares
in the Company when it went public and became Tutornet.com Group.
Only Forde, Dalal and their colleagues received shares in the
public company. Among the many misrepresentations, TutorNet
defendants claimed to have revenue-generating contracts with
marquis Companies such as America Online (AOL), Prentiss Hall,
ToysRUs and others. In some cases, no contract ever existed.
In others, the contract was a "pay to play" advertising deal
with no guaranteed revenue resulting. Nevertheless, TutorNet
defendants falsely represented actual and projected revenue
from these relationships whether they existed or not.
Primus Telecommunications and the Primus-related defendants
were originally part of the case because of an unusual relationship
with TutorNet. Primus Telecommunications had signed a term sheet
with Tutornet.com to acquire 19.9% of the company in return
for a $400,000 investment with the rights to acquire up to 51%
of the company when it went public. According to allegations
raised by shareholders, Primus in effect controlled TutorNet
through Primus' wholly-owned subsidiary, TutorNet.com Services
Inc., through which, they channeled their investment. Services
administered the payroll and health benefits of the persons
who were selling TutorNet's shares and Primus provided other
infrastructure support to TutorNet.com. Primus, moreover, signed
a letter to AOL representing that it had "partnered" with TutorNet
and was providing it with financial and communications support
as it embarked on its initial investment strategy. Documents
filed with governmental entities list Forde and Dalal as employees
and officers of TutorNet Services, the wholly-owned subsidiary
of Primus Telecommunications. As stated previously, Primus defendants
were dismissed from the case midway through trial, and plaintiff's
attorneys intend to appeal the decision.
Plaintiffs awarded damages from TutorNet defendants are thirteen
shareholders in TutorNet.com, Inc., a private company that went
public via a reverse merger in 2000 and began operating as a
newly formed company, TutorNet.com Group, Inc. When the company
went public, the shares belonging to the thirteen plaintiffs
were not transferred to stock in the public company. At its
zenith, TutorNet shares were trading at almost twenty dollars
per share. Some of the thirteen plaintiffs originally paid anywhere
from one dollar to eleven dollars per share. Others were granted
shares in consideration for consulting services performed for
the Company.
There are one hundred thirty additional shareholders who are
plaintiffs in the case and who like the thirteen in this case,
never received their shares of Group to trade on the public
market. These shareholders claims will proceed, and if juries
in the future follow this jury's example, the total award at
a future date could potentially exceed $1.7 billion.
Attorney's for shareholder plaintiffs issued the following statement:
"This judgment underscores the fact that Corporate America must
do more than create the appearance of shareholder value and
tell the truth to investors without gilding the lily. This jury
has indicated that corporate integrity and accountability are
paramount concerns. Start-up companies and large companies alike
need experienced managers and trusted advisors including board
members, lawyers and accountants to safeguard their most prized
asset - integrity."
Attorneys responsible for winning this extraordinary judgment
in favor of their clients are: Wayne D. Collins of Collins &
Watson, Houston, TX; John Clifford of Clifford, Lyons & Garde,
Washington, D.C.; Ben DiMuro of DiMuro, Ginsberg & Mook, Alexandria,
VA; and G. P. Hardy III of Hardy & Johns, Houston, TX.
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