|Scam, Fraud, Misrepresentation |
|12th of Mar, 2014 by User90202 |
|Perhaps the most predatory of all groups is the newest. Co-founded earlier this year by John Kirkland, an attorney who worked for Marc Dreier, currently serving 20 years in jail after pleading guilty to a $700 million fraud and Brendan T. O’Neil who has run two funds that have folded in the last three years, Ironridge bills itself, according to its web site, as “supplying innovative financing solutions and flexible capital, as it seeks to unlock the full potential of cash-constrained businesses.” There is certainly some truth to that statement, as the companies it has completed deals with seem on the verge of going out of business. Ironridge usually doesn’t fund the company until after it sells the stock, as the filings show that payments are often not made until at least 20 days after they have received free-trading shares (imagine borrowing money from somebody and having to provide them with the money to make your loan before you receive any proceeds from them). The destruction in stocks they have completed transactions with makes the devastation from Hurricane Irene seem tame by comparison. Just two weeks ago, Uluru (NYSE: ULU) announced a “$1.6 million financing at a premium to market with Ironridge.” The problem is that the company neither received $1.6 million, nor was the deal done at a premium. The details in the 8-k suggest that the press release was misleading, as the company will receive proceeds only after a certain dollar amount of stock trades, and Ironridge’s actual cost to buy the stock is a fraction of the advertised price. Investors don’t seem fooled, as ULU’s stock is down nearly 50% in two weeks since the deal was announced. Less than two weeks after announcing the deal with Ironridge, the regulatory arm of the NYSE AMEX notified Uluru that it was not in compliance with listing standards and that it faced delisting. Uluru, like all of the companies Ironridge has completed transactions with, currently has a nominal market capitalization, in this case less than $2 million. |
Uluru is not the only company in Ironridge’s portfolio facing delisting. PositiveID Corporation (OTCBB: PSID) was delisted from the Nasdaq less than five weeks after entering into “Strategic Financings for Up to $13.8 Million at a Premium to Current Share Price” with Ironridge. Shortly after the announcement, however, the company acknowledged in an 8-k filing that it did not receive the funds it had anticipated and that the price of the deal was being revised lower (think floorless financing). According to the filing made nearly two months after the deal was announced, the company has still not received the $1.5 million it was anticipating receiving as the first part of the funding. Approximately one month after the deal was announced, the CEO resigned. The stock has lost approximately 60% of its value in two months since the deal was announced.
Apparently inking a deal with Ironridge is not a career-enhancing move for a CEO. Less than three weeks after announcing an initial round of funding of approximately $1.12 million from Ironridge, the CEO of High Plains Gas (OTCBB: HPGS) resigned in the wake of the stock’s loss of more than 65% of its price. Like other companies which have done business with Ironridge, neither High Plains nor its creditors had received funding weeks after the deal was completed. Imagine losing your job, destroying your stock and not receiving proceeds after all of that. On average, from the time a regulatory filing was made announcing a deal with Ironridge, companies saw their stocks lose more than half their value within one month.
|ScripsAmerica Files Suit Against Ironridge Global IV, Ltd. in Federal Court |
Company Seeks Return of Shares and Damages
TYSONS CORNER, VA – May 27, 2014 – ScripsAmerica Inc. (OTCBB: SCRC), today announced that on May 22, 2014, ScripsAmerica Inc. filed a lawsuit against Ironridge Global IV, Ltd. (“Ironridge”), its principals and certain other defendants in the Federal district court for the Central District of California.
In this lawsuit, the Registrant alleges against Ironridge (i) securities fraud under Section 10(b)
of the Securities Exchange Act and Rule 10b-5, (ii) breach of contract and (iii) tortious bad faith.
This lawsuit stems from a transaction entered into between Ironridge and ScripsAmerica in November 2013 which was disclosed in a Current Report on Form 8-K filed by ScripsAmerica on November 19, 2013.
ScripsAmerica is seeking (a) a declaratory judgment from the court that would excuse ScripsAmerica from issuing any more shares under the Stipulation, (b) compensatory damages (to the extent ScripsAmerica can prove such damages), (c) attorneys’ fees and court costs for
this action and (d) punitive damages.
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