On July 24, 2003, Wolf Popper LLP filed a securities fraud class action
complaint against TyCom, Ltd. (NYSE:TCM), and certain of its senior officers, on
behalf of purchasers of TyCom common stock between July 26, 2000 and December
18, 2001, inclusive (the "Class Period").
The complaint alleges, among other things, that during the Class Period,
defendants made materially false and misleading statements about the underlying
purpose for the initial public offering of TyCom stock in the registration
statement and prospectus filed with the SEC on July 26, 2000. Among other
things, defendants misrepresented that the purpose of the initial public
offering was to finance the design and implementation of the TyCom Global
Network, a proposed global undersea fiber optic network which TyCom predicted
would be the most extensive and technologically advanced of its kind.
The foregoing representations were misleading because, among other things,
the real purpose of the TyCom spinoff was to generate "bonuses" to be
used by certain TyCom and Tyco executives to repay undisclosed and unauthorized
loans to Tyco.
In reliance on defendants’ misrepresentations, TyCom shares sold at $32 per
share in the initial public offering and traded as high as $45.438 per share
during the Class Period. However, having realized their goals of generating
extra revenue to repay the unauthorized and undisclosed loans, defendants
announced on October 19, 2001 that a subsidiary of Tyco would reacquire TyCom,
and on December 18, 2001, TyCom merged with Tyco at an effective merger price of
only $17.48 per share.