Amicus Therapeutics, Inc. (FOLD)
Whether directors and officers of Amicus Therapeutics, Inc. (FOLD) breached their fiduciary duties to the company and its shareholders.
Investigation
11/18/2021
Initial Lawsuit
11/18/2021
Lawsuit Progression
03/25/2022
Scorpio Capital issued a report alleging undisclosed third parties, company dependence on their revenue and shell game. Did Ginkgo Bioworks Holdings, Inc. mislead shareholders? The company disclosed an informal inquiry from regulators at the Department of Justice (DOJ).
This investors investigation is opened for investors to gather facts, findings and track related lawsuits. We invite investors and shareholders to contribute to investigations for their own benefit, add events to the factual timeline below and vote on events’ pertinence.
A lawsuit was subsequently filed. We will update this post as it unfolds.
10/06/2021
Scorpion Capital released a short thesis on Ginkgo, alleging that it is the “Frankenstein mash-up of the worst frauds of the last 20 years” and “one of the most brazen frauds of the last 20 years.”
The report results from an “intensive investigation into Ginkgo’s business model and practices, with a particular focus on the related-party entities that drive the bulk of its revenue” based on “21 research interviews, encompassing a broad sample of former employees and executives of Ginkgo, as well as individuals who are currently employed at its related-party “customers.”
The report further claims that Ginkgo’s business model “is based on a dubious shell game” because Ginkgo is “concealing the true extent of its dependence on related party revenue.“
Stock Impact
Close | Previous close | Price variation | Percentage variation |
---|---|---|---|
$10.59 | $11.98 | $-1.39 | -11.6% |
This is a federal securities class action on behalf of a class consisting of all persons and entities other than defendants who purchased or otherwise acquired the publicly traded securities of Ginkgo between May 11, 2021 and October 5, 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:
(1) the company’s failure to derive real revenue from third-party customers left it almost completely dependent on related parties;
(2) as a result, most, if not all, of the company’s revenue came from related parties the company created, funded, or controlled through its ownership and board seats;
(3) the company was misclassifying and underreporting related party revenue in order to conceal the company’s near total-dependence on related parties;
(4) many of the company’s new R&D partners are undisclosed related parties and/or façades;
(5) as a result, the company’s valuation was significant less than defendants disclosed to investors; and
(6) as a result, defendants’ public statements were materially false and/or misleading at all relevant times.
03/25/2022
The court issued an order appointing the lead plaintiff and lead counsel.
05/26/2022
This is a federal securities class action on behalf of the following three classes: a. Securities Act Class: a class consisting of all persons who purchased or otherwise acquired shares in Ginkgo (including by way of exchange of SRNG shares) pursuant or traceable to the defective proxy/registration statement that defendants filed with the SEC on Form S-4 on May 14, 2021 [...] b. 14(a) Class: a class consisting of all persons who were solicited to approve the merger and to retain rather than redeem SRNG shares pursuant to the defective proxy/registration statement filed on Form S-4. c. 10(b) Class: a class consisting of all persons who purchased or otherwise acquired in a public offering or on public markets securities of Ginkgo (including its predecessor SRNG) between May 11, 2021 and October 5, 2021, both dates inclusive.
Operative complaint
07/18/2022
Operative complaint
07/21/2022
A motion to dismiss was filed with the court.
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