The Law Offices of Frank R. Cruz announces that a class action lawsuit has been filed on behalf of persons and entities that purchased or otherwise acquired Bayerische Motoren Werke Aktiengesellschaft (“BMW” or the “Company”) (OTC: BMWYY ) securities between November 3, 2015 and September 24, 2020 , inclusive (the “Class Period”). BMW investors have until December 28, 2020 to file a lead plaintiff motion.
If you are a shareholder who suffered a loss, click here to participate.
On December 23, 2019, The Wall Street Journal reported that the U.S. Securities and Exchange Commission ("SEC") was investigating whether BMW engaged in “sales punching,” a practice in which “a company boosts sales figures by having dealers register cars as sold when the vehicles actually are still standing on car lots.”
On this news, the price of BMW’s American Depositary Receipts (“ADRs”) fell $1.33, or nearly 7%, to close at $18.02 per ADR on December 23, 2019, thereby damaging investors.
On September 24, 2020, the SEC announced an $18 million settlement agreement with BMW regarding the investigation. According to the SEC’s order, from January 2015 to March 2017, the Company had “used its demonstrator and service loaner programs to boost reported retail sales volume and meet internal targets.” It also stated that from 2015 to 2019, BMW kept a reserve of unreported retail vehicle sales, which is used to meet internal monthly sales targets regardless of when the actual sale occurred.
On this news, BMW’s ADR price fell $0.51, or about 2%, to close at $23.07 per ADR on September 25, 2020, thereby damaging investors further.
The complaint filed alleges that throughout the Class Period, 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 failed to disclose to investors that: (1) BMW kept a “bank” of retail vehicle sales that it used to meet internal monthly sales targets regardless of when the sales actually occurred; (2) BMW artificially manipulated sales figures by having dealers register cars as sold when the cars were still in inventory; (3) as a result, BMW’s key operating metrics were inaccurate and misleading; and (4) as a result, Defendants' statements about BMW’s business, operations, and prospects were materially false and misleading and/or lacked a reasonable basis at all relevant times.
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If you purchased BMW securities during the Class Period, you may move the Court no later than December 28, 2020 to ask the Court to appoint you as lead plaintiff. To be a member of the Class you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent member of the Class. If you purchased BMW securities, have information or would like to learn more about these claims, or have any questions concerning this announcement or your rights or interests with respect to these matters, please contact Frank R. Cruz, of The Law Offices of Frank R. Cruz, 1999 Avenue of the Stars, Suite 1100, Los Angeles, California 90067 at 310-914-5007, by email to info@frankcruzlaw.com , or visit our website at www.frankcruzlaw.com . If you inquire by email please include your mailing address, telephone number, and number of shares purchased.
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The Law Offices of Frank R. Cruz, Los Angeles
Frank R. Cruz, 310-914-5007
fcruz@frankcruzlaw.com
www.frankcruzlaw.com