http://www.chron.com/disp/story.mpl/prn/texas/3535364.html
HoustonChronicle.com -- http://www.HoustonChronicle.com
Dec. 19, 2005
(PZ) Landskroner Grieco Madden, Ltd. Files Class Action Suit Against
Diebold, Incorporated
CLEVELAND, Dec. 19, 2005 (PRIMEZONE) -- Landskroner Grieco
Madden, Ltd. (http://www.landskronerlaw.com) announces that it has commenced a
class action in the United States District Court for the Northern District of
Ohio on behalf of purchasers of Diebold, Incorporated ("Diebold")
(NYSE:DBD) common stock during the period between October 22, 2003 and
September 20, 2005 (the "Class Period"). Landskroner Grieco Madden,
Ltd.is an Ohio-based law firm whose attorneys are licensed and regularly
practice in the federal courts of Ohio.
ADVERTISEMENT
If you wish to serve as lead plaintiff, you must move the
Court no later than 60 days from December 13, 2005. If you wish to discuss this
action or have any questions concerning this notice or your rights or
interests, please contact plaintiff's counsel, Jack Landskroner of Landskroner
Grieco Madden, Ltd. at 866-522-9500 (toll-free) or 216-522-9000, or via e-mail
at jack@landskronerlaw.com.
If you are a member of this class, you can view a copy of
the complaint as filed or join this class action online at
http://www.landskronerlaw.com/diebold.htm. Any member of the purported class
may move the Court to serve as lead plaintiff through counsel of their choice,
or may choose to do nothing and remain an absent class member.
The complaint charges Diebold and certain of its officers
and directors with violations of the Securities Exchange Act of 1934. Diebold
is primarily engaged in the manufacture, sale, installation and service of
automated self-service transaction systems, electronic and physical security
products, election systems and software.
The complaint alleges that during the Class Period,
defendants issued false statements about the Company's business, products,
financial results and prospects causing the Company's stock to trade at
artificially inflated levels. Then on September 21, 2005, before the market
opened, the Company announced it was "lowering its third quarter and
full-year earnings per share guidance for 2005." Upon release of this
news, Diebold's stock collapsed to $37.27 per share on volume of 6.1 million
shares. Diebold's CEO and Chairman has since resigned from the Company.
According to the complaint, the true facts, which were known
by each of the defendants but concealed from the investing public during the
Class Period, were as follows: (a) Diebold's financial statements in 2004 and
the first two quarters of 2005 were misstated due to its improper accounting
for commission expenses; (b) the Company's internal controls were woefully
deficient; (c) Diebold was losing market share in North America to NCR such
that its ATM business would not be nearly as favorable in 2005 as the market
had been led to believe; (d) Diebold's election machines continued to have
severe problems that would hurt the Company in the future due to adverse
publicity and reduced sales; and (e) due to these problems, Diebold was not on
track to report the favorable 2005 EPS being projected for the Company.
Plaintiff seeks to recover damages on behalf of all
purchasers of Diebold common stock during the Class Period (the
"Class"). The plaintiff is represented by Landskroner Grieco Madden,
Ltd. which has expertise in prosecuting investor class actions and in actions
involving financial fraud. Landskroner Grieco Madden, Ltd. has been active in
major litigations filed in the Northern District of Ohio on behalf of defrauded
investors and consumers. The Landskroner Grieco Madden, Ltd. website
(http://www.landskronerlaw.com) has more information about the firm.
More information on this and other class actions can be
found on the Class Action Newsline at www.primezone.com/ca
CONTACT:
Landskroner Grieco Madden, Ltd
Jack Landskroner
216-522-9000
jack@landskronerlaw.com
Debra Spaller, Paralegal
debra@landskronerlaw.com
© 2005 PRIMEZONE
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This article is:
http://www.chron.com/disp/story.mpl/prn/texas/3535364.html
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