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Noteholder Notice: Zwerling, Schachter & Zwerling, LLP and Kohrman Jackson & Krantz, PLL Alert Purchasers of Medical Capital Notes of November 20, 2009 Deadline for Filing a Motion Seeking to be Appointed Lead Plaintiff

Posted : Mon, 09 Nov 2009 20:55:03 GMT
Author : Zwerling, Schachter & Zwerling, LLP
Category : Press Release
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NEW YORK, Nov. 9 /PRNewswire/ -- On November 6, 2009, Zwerling, Schachter & Zwerling, LLP ("Zwerling Schachter") and Kohrman Jackson & Krantz PLL ("Kohrman Jackson") filed a class action lawsuit in the United States District Court for the Central District of California on behalf of all persons or entities who purchased or otherwise acquired promissory notes issued by Medical Capital Holdings, Inc.'s special purpose corporations ("SPCs"), Medical Provider Financial Corporation III ("MP III"), Medical Provider Financial Corporation IV ("MP IV"), Medical Provider Funding Corporation V ("MP V"), and/or Medical Provider Funding Corporation VI ("MP VI") (the "Notes") on or after September 18, 2006 (the "Class Period"). The lawsuit names Securities America, Inc., Ameriprise Financial, Inc. and Securities America Financial Corporation as defendants.

The complaint alleges that defendants violated Sections 12(a)(1), 12(a)(2) and 15 of the Securities Act of 1933. Specifically, the complaint claims that defendants failed to adequately perform due diligence in connection with the sale of the Notes, and that defendants sold non-exempt securities that were not registered with the Securities and Exchange Commission. Further, the complaint alleges that the private placement memoranda for the Notes contained false and materially misleading statements that misrepresented and failed to disclose that: (a) collateral and other assets of the SPCs had values that were inflated and/or unreliable; (b) accounting practices did not comply with GAAP and financial records and valuations were unreliable; (c) there was a lack of sufficient internal controls over the investments made by the SPCs; (d) that investor funds raised through the sale of Notes in the Offerings would be used to pay administrative fees; (e) funds received in connection with an offering would be commingled with the funds received from other offerings; and (f) the SPCs had defaulted in their obligations to Noteholders.

On July 16, 2009, the SEC commenced an enforcement action against Medical Capital Holdings, Inc. and related entities and individuals for securities violations alleging that the Medical Capital entities perpetrated a fraudulent scheme. Also on July 16, 2009, the SEC sought, among other things, the appointment of a receiver over these entities. Shortly thereafter a Receiver was appointed.

If you purchased any Notes issued by MP III, IV, V and/or VI after September 18, 2006, you may apply to serve as lead plaintiff. The lead plaintiff is responsible for overseeing the prosecution of the action and ensuring that the interests of the class are protected. Should you desire to be lead plaintiff, you may apply to be appointed through Zwerling Schachter and Kohrman Jackson, as counsel. The lead plaintiff deadline is November 20, 2009.

If you wish to discuss this securities class action or have any questions concerning your rights and interests with respect to this matter, please contact Zwerling Schachter (Stephanie Kirwan, Esq.) at (800) 721-3900 or by e-mail at skirwan@zsz.com; or Kohrman Jackson (Ari Jaffe, Esq.) at (216) 696-8700 or by e-mail at ahj@kjk.com.

Zwerling, Schachter & Zwerling, LLP concentrates in prosecuting class actions nationwide on behalf of investors. The firm currently plays a leading role in numerous major securities and complex commercial litigations pending in federal and state courts and has offices in New York, Garden City, N.Y., and Seattle. The firm has been recognized by courts throughout the country as highly experienced and skilled in complex litigation, particularly with respect to federal securities class action litigation.

Kohrman Jackson & Krantz PLL is a Cleveland-based law firm representing individuals and companies throughout the United States. The firm concentrates in sophisticated business transactions and complex litigation with areas of practice including securities, commercial litigation, corporate and finance, tax, real estate, and technology and intellectual property.

Visit our Web sites at: www.zsz.com and www.kjk.com.

SOURCE Zwerling, Schachter & Zwerling, LLP


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Article : Noteholder Notice: Zwerling, Schachter & Zwerling, LLP and Kohrman Jackson & Krantz, PLL Alert Purchasers of Medical Capital Notes of November 20, 2009 Deadline for Filing a Motion Seeking to be Appointed Lead Plaintiff
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