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| [January 17, 2013] |
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Robbins Geller Rudman & Dowd LLP Files Class Action Suit against Longwei Petroleum Investment Holding Limited
NEW YORK --(Business Wire)--
Robbins
Geller Rudman & Dowd LLP ("Robbins Geller") (http://www.rgrdlaw.com/cases/longwei/)
today announced that a class action has been commenced in the United
States District Court for the Southern District of New York on behalf of
purchasers of Longwei Petroleum Investment Holding Limited ("Longwei")
(NYSE:LPH) common stock during the period between May 17, 2010 and
January 3, 2013 (the "Class Period").
If you wish to serve as lead plaintiff, you must move the Court no later
than 60 days from January 4, 2013. If you wish to discuss this action or
have any questions concerning this notice or your rights or interests,
please contact plaintiff's counsel, Samuel
H. Rudman or David
A. Rosenfeld of Robbins Geller at 800/449-4900 or 619/231-1058, or
via e-mail at djr@rgrdlaw.com. If
you are a member of this class, you can view a copy of the complaint as
filed or join this class action online at http://www.rgrdlaw.com/cases/longwei/.
Any member of the putative class may move the Court to serve as lead
plaintiff through counsel of their choice, or may choose to do nothing
and remain an absent class member.
The complaint charges Longwei and certain of its officers and directors
with violations of the Securities Exchange Act of 1934. Longwei is an
energy company based in the People's Republic of China that engages in
the wholesale distribution of finished petroleum products.
The complaint allegesthat, during the Class Period, defendants issued
materially false and misleading statements regarding the Company's
financial performance and future prospects. Specifically, it alleges
that defendants misrepresented and/or failed to disclose the following
adverse facts: (a) that, contrary to Longwei's Class Period statements
that it had taken action to provide shareholders with more transparent
disclosures and to keep investors better "informed" as to corporate
activities and the Company's financial condition, Longwei's Class Period
financial reports and statements contained false and misleading
statements and omissions; (b) that, contrary to Longwei's Class Period
statements that it had intentionally increased inventory of crude
products "to take advantage of additional product purchases during a
period of fluctuating prices," the Company's inventory "on-hand" was
increasing during the Class Period because the Company was experiencing
lower demand and decreasing sales; (c) that, contrary to Longwei's Class
Period statements that it was funding its corporate acquisitions of
additional operating facilities, including the acquisition of a facility
from Huajie Petroleum Co., Ltd., from "operating cash flow from
operations," Longwei was instead obtaining and funding these
acquisitions with the millions of dollars being generated through the
exercise of warrants to acquire Longwei stock issued in its October 2009
private placement; (d) that, contrary to Longwei's Class Period reports
of strong demand fueling quarter after quarter of "record revenues,"
Longwei's facilities in the cities of Taiyuan and Gujiao in China's
Shanxi Province were not operating as profitably as represented by
Longwei during the Class Period; (e) that, contrary to Longwei's Class
Period financial reports filed with the SEC (News - Alert), Longwei was not disclosing
a $32 million investment in a tourism business made by its subsidiary
Shanxi Zhonghe Energy Conversion Co., Ltd.; (f) that, contrary to
Longwei's description of its Class Period corporate acquisitions, Ming
Zhao and Puda Coal Group had undisclosed ties to Longwei's Zhonghe and
Huajie facility acquisitions; (g) that, contrary to Longwei's statements
that its Class Period financial reports complied with Generally Accepted
Accounting Principals, a minority interest in Longwei's Taiyuan Facility
owned by defendant Cai Yongjun, Longwei's founder, CEO and Chairman, was
not reflected in the Company's balance sheet as a non-controlling
interest during the Class Period; (h) though Longwei's 2011 Annual
Report stated that Longwei's wholly-owned subsidiary Shanxi Heitan
Zhingyou Petrochemical Co., Ltd. was an operating subsidiary with
taxable income during fiscal 2011, the Company's 2012 Annual Report
would state that Zhingyou was a non-operating subsidiary during fiscal
2012 and that Zhingyou generated no taxable income for Longwei during
fiscal 2011; (i) though Longwei's 2011 Annual Report stated that
Zhingyou reported operations at its Gujiao Facility during fiscal 2011,
the Company's Tax Reconciliation Report filed on June 29, 2012 for the
calendar year 2011 stated that Longwei operating subsidiary Taiyuan
Longwei Economic & Trade Co., Ltd. was Longwei's only facility that
generated taxable revenue and paid income tax and VAT tax for calendar
year 2011; (j) that, as a result of the foregoing, Longwei was not on
track to "repeat the success of [Longwei's 2007] Gujiao acquisition with
the near-term closing of the assets of the Huajie facility" or to
"nearly double [its] overall capacity"; and (k) that, as a result of the
foregoing, contrary to its repeated Class Period statements, Longwei was
not on track to achieve $70 million in net income on $500 million in
revenues in fiscal 2011 or $78 million in net income on $576 million in
revenues in fiscal 2012.
On January 3, 2013, GeoInvesting.com published a report exposing
the fraud perpetrated by Longwei. The complaint alleges that the
Company's stock price was hammered on the publication of GeoInvesting.com's
expose, with the trading price of Longwei common stock falling more than
72% from its opening price of $2.29 that day to a closing price of
$0.62, on extremely high trading volume.
Plaintiff seeks to recover damages on behalf of all purchasers of
Longwei common stock during the Class Period (the "Class"). The
plaintiff is represented by Robbins Geller, which has expertise in
prosecuting investor class actions and extensive experience in actions
involving financial fraud.
Robbins Geller represents U.S. and international institutional investors
in contingency-based securities and corporate litigation. With nearly
200 lawyers in nine offices, the firm represents hundreds of public and
multi-employer pension funds with combined assets under management in
excess of $2 trillion. The firm has obtained many of the largest
recoveries and has been ranked number one in the number of shareholder
class action recoveries in MSCI's Top SCAS 50 every year since
2003. According to Cornerstone Research, the firm's recoveries have
averaged 35% above the median for all firms over the past seven years
(2005-2011). Please visit http://www.rgrdlaw.com
for more information.

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