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The SEC called the proxy materials materially false and misleading.
New York officials said Ms. Byron-Marasek had provided them with "materially false or inaccurate statements".
makes any materially false, fictitious or fraudulent statement or representation shall be [guilty of a felony].
The plaintiffs asserted that those statements were materially false and had inflated the company's stock price.
The suit accuses Jiangbo of issuing "materially false and misleading" financial statements.
"Apparently under the majority's rule, in such circumstances no one could be found to have 'made' a materially false statement".
In a unanimous decision affirming the District Court, the Second Circuit held that Plaintiffs had failed to allege a materially false statement as a matter of law.
According to the SEC's complaint, these misrepresentations caused RPM to submit materially false and misleading filings to the SEC from October 2012 to December 2013.
McKesson, its board, Bear Stearns and others all knew before the merger "that HBOC's financial statements were materially false," the suit says.
A separate suit filed in California on Tuesday by investor Darryl Lazar claims that the social network's share prospectus contained "materially false and misleading statements".
SunTrust also sued in Federal District Court in Atlanta, asserting that some of First Union's and Wachovia's public disclosures about their transaction were "materially false and misleading".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com