BioXcel Therapeutics, Inc. (BTAI)
Confidential investigation: officers & directors’ potential breach of fiduciary duties to investors.
Investigation
12/02/2021
Initial Lawsuit
12/02/2021
Lawsuit Progression
04/13/2022
Investigation regarding Alfi’s statements about its disclosure controls and internal controls over financial reporting, ultimately leading to a regulatory investigation.
11/01/2021
Alfi discloses that its independent registered public accounting firm resigned, along with the chair of the board’s audit committee stating “disagreements with the Company relating to its operations, policies and practices.” In his resignation letter, the director explained that “the decision to replace the CEO/Founder, the CFO and the CTO in [his] opinion was personal and calculated and driven by certain directors/shareholders to take control of the company without any regard for due process.”
Among other information, Alfi also reveals that an internal investigation resulted from an unauthorized company purchase of a $1.1 million condominium (with “erroneously certified corporate resolution regarind unanimous approval by the board and the company’s stockholders“), along with the “company’s commitment to sponsor a sports tournament in the amount of $640,000, a portion of which was payable through the issuance by the Company of unregistered shares of the Company’s common stock. . .”
Stock Impact
Close | Previous close | Price variation | Percentage variation |
---|---|---|---|
$4.48 | $4.42 | $0.06 | 1.36% |
Plaintiff brings this federal securities class action on behalf of a class consisting of all persons and entities other than defendants that purchased or otherwise acquired:
(a) Alfi common stock or warrants pursuant and/or traceable to the offering documents issued in connection with the company’s initial public offering (IPO) conducted on or about May 4, 2021 ; and/or
(b) Alfi securities between May 4, 2021 and November 15, 2021, both dates inclusive.
According to the complaint, defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the company’s business, operations, and prospects. Specifically, defendants allegedly failed to disclose to investors that:
(i) Alfi maintained deficient disclosure controls and procedures and internal control over financial reporting;
(ii) as a result, the company and its employees could and did engage in corporate transactions and other matters without sufficient and appropriate consultation with or approval by the company’s Board of Directors;
(iii) all the foregoing increased the risk of internal and regulatory investigations into the company and its employees;
(iv) all the foregoing, once revealed, was likely to have a material negative impact on the company’s reputation, financial condition, and ability to timely file periodic reports with the SEC; and
(v) as a result, the company’s public statements were materially false and misleading at all relevant times.
04/13/2022
The court issued an order appointing the lead plaintiff and lead counsel.
Confidential investigation: officers & directors’ potential breach of fiduciary duties to investors.