BioXcel Therapeutics, Inc. (BTAI)
Confidential investigation: officers & directors’ potential breach of fiduciary duties to investors.
Investigation
10/29/2021
Initial Lawsuit
10/29/2021
Lawsuit Progression
03/14/2022
Investigation regarding Camber’s timely filing of financial statements with the SEC, Camber’s statements made in connection with its acquisition of Viking and subsequent 5% owner share dilution.
10/05/2021
Kerrisdale Capital issues a short report alleging Camber is a “death-spiral financing” with “a fake CFO” signing “delinquent filings.”
“Since Camber is delinquent on its financials, investors have failed to fully appreciate the impact of its ongoing issuance of an unusual, highly dilutive class of convertible preferred stock. As a result of this “death spiral” preferred, Camber has already seen its share count increase 50- million-fold from early 2016 to July 2021 – and we believe it isn’t over yet, as preferred holders can and will continue to convert their securities and sell the resulting common shares. Even at the much lower valuation that investors incorrectly think Camber trades for, it’s still overvalued. The core Viking assets are low-quality and dangerously levered, while any near term benefits from higher commodity prices will be muted by hedges established in 2020. The recent clean-energy license is nearly worthless.”
Stock Impact
Close | Previous close | Price variation | Percentage variation |
---|---|---|---|
$1.53 | $3.09 | $-1.56 | -50.49% |
This is a federal securities class action on behalf of a class consisting of all persons and entities other than defendants that purchased or otherwise acquired Camber securities between February 18, 2021 and October 4, 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) Camber overstated the financial and business prospects of Viking as well as the combined company post-Merger;
(ii) Camber failed to apprise investors of, and/or downplayed, the fact that its acquisition of a controlling interest in Viking would exacerbate the company’s delinquent financial statements and listing obligations with the NYSE;
(iii) an institutional investor was diluting Camber’s shares at a significant rate following the company’s July 12, 2021 update regarding the number of its shares of common stock issued and outstanding; and
(iv) as a result, the company’s public statements were materially false and misleading at all relevant times.
03/14/2022
The court issued an order appointing the lead plaintiff and lead counsel.
Confidential investigation: officers & directors’ potential breach of fiduciary duties to investors.