BioXcel Therapeutics, Inc. (BTAI)
Confidential investigation: officers & directors’ potential breach of fiduciary duties to investors.
Investigation
07/08/2021
Initial Lawsuit
07/08/2021
Lawsuit Progression
10/15/2021
Investigation regarding CarLotz’s statements made in connection with the going public transaction and management of its inventory, processing and gross profit.
03/15/2021
CarLotz announces its Q4 and fiscal year 2020 financial results. The company reported, among other information, a large surge in inventories ($7,625,000 in 2019 compared to $11,202,000 in 2020) impacting its profit. The company further explained that under an alternative fee arrangement, vehicles are returned to the corporate sourcing partner from consignment if the vehicle has not been sold through their retail channel within a timeframe and CarLotz experienced high returns during Q1 2021:
“We have returned a number of vehicles from consignment during the first quarter of 2021 to date and expect to continue to return vehicles into the second quarter of 2021 as we work through the additional inventory that we sourced during the second half of 2020 to drive our growth. The inventory surge put pressure on our processing centers resulting in lower inventory processing and increased days to sale.
The expenses associated with these returned vehicles will reduce our gross profit during the first quarter of 2021 and for subsequent periods during which we experience such vehicle returns. We are taking steps to match our intake of vehicles under this arrangement to our sales and reconditioning capacity and expect that we will begin to mitigate these expenses beginning in the second quarter and improving throughout 2021.”
Stock Impact
Close | Previous close | Price variation | Percentage variation |
---|---|---|---|
$8.45 | $9.24 | $-0.79 | -8.55% |
This is a class action on behalf of persons and entities that purchased or otherwise acquired CarLotz securities between December 30, 2020 and May 25, 2021, 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:
(1) that, due to a surge in inventory during the second half of fiscal 2020, CarLotzwas experiencing a “logjam” resulting in slower processing and higher days to sell;
(2) that, as a result, the Company’s gross profit per unit would be negatively impacted;
(3) that, to minimize returns to the corporate vehicle sourcing partner responsible for more than 60% of CarLotz’s inventory, the Company was offering aggressive pricing;
(4) that, as a result, CarLotz’s gross profit per unit forecast was likely inflated;
(5) that this Company’s corporate vehicle sourcing partner would likely pause consignments to the Company due to market conditions, including increasing wholesale prices;
(6) that, as a result of the foregoing, Defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis.
10/15/2021
The court issued an order appointing the lead plaintiff and lead counsel.
12/14/2021
Plaintiffs bring this federal securities class action . . . : (i) . . . on behalf of themselves and all others who purchased the securities of CarLotz (formerly Acamar) during the period from October 22, 2020 through May 25, 2021, inclusive; (ii) . . . on behalf of themselves and all other shareholders of Acamar, as of the January 21, 2021 record date that were entitled to vote on Acamar’s proposed transaction with CarLotz; and (iii) . . . on behalf of themselves and all others who purchased or otherwise acquired CarLotz securities traceable to the CarLotz (formerly Acamar) Registration Statement/ Prospectus and the SEC filings incorporated [in the complaint].
Operative complaint
03/04/2022
Operative complaint
06/21/2022
A motion to dismiss was filed with the court.
Confidential investigation: officers & directors’ potential breach of fiduciary duties to investors.