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| [January 28, 2013] |
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Rigrodsky & Long, P.A. Announces A Securities Fraud Class Action Lawsuit Has Been Filed Against Commonwealth Bankshares, Inc.
WILMINGTON, Del. --(Business Wire)--
Rigrodsky
& Long, P.A. announces that a complaint has been filed in the
United States District Court for the Eastern District of Virginia on
behalf of all persons or entities that purchased the common stock of
Commonwealth Bankshares, Inc. ("Commonwealth" or the "Company") (OTC
GREY: CWBS)
between May 9, 2008 and September 23, 2011, inclusive (the "Class
Period"), alleging violations of the Securities Exchange Act of 1934
against the Company and certain of its officers (the "Complaint").
If you purchased shares of Commonwealth during the Class Period, or
purchased shares prior to the Class Period and still hold Commonwealth,
and wish to discuss this action or have any questions concerning this
notice or your rights or interests, please contact Timothy
J. MacFall, Esquire or Peter Allocco of Rigrodsky & Long, P.A., 825
East Gate Boulevard, Suite 300, Garden City, NY at (888) 969-4242, by
e-mail to info@rigrodskylong.com,
or at: http://www.rigrodskylong.com/investigations/commonwealth-bankshares-inc-cwbs.
Commonwealth is a bank holdin company that primarily conducted its
business through the Bank of Commonwealth operating subsidiary (the
"Bank"). The Complaint alleges that throughout the Class Period,
defendants made materially false and misleading statements, and omitted
materially adverse facts, about the Company's business, operations and
prospects. Specifically, the Complaint alleges that defendants concealed
the Company's and Bank's true financial condition in a number of ways,
including by, among other things, fraudulently underreporting the
Company's allowance for loan and lease losses ("ALLL") and provision for
loan and lease losses (the "Provision"), in an effort to overstate the
quality and nature of the Bank's loan portfolio. As a result of
defendants' false and misleading statements, the Company's stock traded
at artificially inflated prices during the Class Period.
According to the Complaint, throughout the Class Period, the truth of
the Company's true financial condition emerged through partial
disclosures. Although the Company announced increases in ALLL and the
Provision over time through partial disclosures, it fraudulently
attempted to do so with a "soft landing" by failing to increase ALLL and
the Provision to the full extent required, and at the same time issuing
false reassurances to investors. Finally on September 23, 2011, the
Virginia State Corporation Commission Bureau of Financial Institutions
closed the Bank and appointed the FDIC as receiver. During the Class
Period, shares in Commonwealth plummeted over 99% from a close of $16.39
on May 9, 2008 to $0.11 per share on September 23, 2011.
On December 20, 2012, an indictment was unsealed that charged the
individual defendants with conspiracy to commit bank fraud and related
crimes. According to the indictment, the purpose of the bank fraud
conspiracy was "for Bank [I]nsiders to fraudulently conceal the Bank's
true financial condition in many ways, including overdrawing demand
deposit accounts to make loan payments, extending new loans or
additional principal on existing loans to cover payment shortfalls, and
funneling Bank-owned property to certain troubled borrowers, to the
detriment of the Bank." Subsequently, on January 13, 2013, the United
States Securities and Exchange Commission ("SEC (News - Alert)") filed a civil
enforcement action against certain of the individual defendants for
fraudulently misstating the Company's ALLL in filings made with the SEC
between November 2008 and August 2010.
If you wish to serve as lead plaintiff, you must move the Court no later
than March 25, 2013. A lead plaintiff is a representative party acting
on behalf of other class members in directing the litigation. In order
to be appointed lead plaintiff, the Court must determine that the class
member's claim is typical of the claims of other class members, and that
the class member will adequately represent the class. Your ability to
share in any recovery is not, however, affected by the decision whether
or not to serve as a lead plaintiff. Any member of the proposed 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.
While Rigrodsky
& Long, P.A. did not file the Complaint in this matter, the
firm, with offices in Wilmington, Delaware and Garden City, New York, regularly
litigates securities class, derivative and direct actions, shareholder
rights litigation and corporate governance litigation, including
claims for breach of fiduciary duty and proxy violations in the Delaware
Court of Chancery and in state and federal courts throughout the United
States.
Attorney advertising. Prior results do not guarantee a similar outcome.

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