BioXcel Therapeutics, Inc. (BTAI)
Confidential investigation: officers & directors’ potential breach of fiduciary duties to investors.
Investigation
07/15/2021
Initial Lawsuit
07/15/2021
Lawsuit Progression
10/20/2021
Investigation regarding statements made by Momentus and Stable Roard about the due diligence process conducted in connection with its merger and going public transactions.
07/13/2021
The U.S. Securities and Exchange Commission announces charges against special purpose acquisition corporation (SPAC) Stable Road Acquisition Company, its sponsor SRC-NI, its chief executive officer (CEO) Brian Kabot, the SPAC’s proposed merger target Momentus Inc., and Momentus’s founder and former CEO Mikhail Kokorich for misleading claims about Momentus’s technology and about national security risks associated with Kokorich.
“Kokorich and Momentus, an early-stage space transportation company, repeatedly told investors that it had “successfully tested” its propulsion technology in space when, in fact, the company’s only in-space test had failed to achieve its primary mission objectives or demonstrate the technology’s commercial viability. The order finds that Momentus and Kokorich also misrepresented the extent to which national security concerns involving Kokorich undermined Momentus’s ability to secure required governmental licenses essential to its operations.“
Stock Impact
Close | Previous close | Price variation | Percentage variation |
---|---|---|---|
$10.66 | $11.88 | $-1.22 | -10.27% |
This is a federal securities class action brought on behalf of all purchasers of Stable Road securities between October 7, 2020 and July 13, 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:
(a) that Momentus’s 2019 test of its key technology, a water plasma thruster, had failed to meet Momentus’s own public and internal pre-launch criteria for success, and was conducted on a prototype that was not designed to generate commercially significant amounts of thrust;
(b) that the U.S. government had conveyed that it considered the CEO
of Momentus, defendant Kokorich, a national security threat, which jeopardized defendant Kokorich’s continued leadership of Momentus and Momentus’s launch schedule and business prospects;
(c) that, as a result of (a) and (b) above, the revenue projections and business and operational plans provided to investors regarding Momentus and the commercial viability and timeline of its products were materially false and misleading and lacked a reasonable basis in fact;
(d) that Stable Road had failed to conduct appropriate due diligence of Momentus and its business operations and defendants had materially misrepresented the due diligence activities being conducted by the Sponsor and Stable Road executives in connection with the Merger.
10/20/2021
The court issued an order appointing the lead plaintiff and lead counsel.
11/12/2021
This is a federal securities class action brought on behalf of persons and entities that purchased or otherwise acquired SRAC securities between October 7, 2020 and July 13, 2021, inclusive.
Operative complaint
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