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Bayerische Motoren Werke Aktiengesellschaft

Company NameBayerische Motoren Werke Aktiengesellschaft
Stock SymbolBMWYY
Class PeriodNovember 03, 2020 to September 24, 2020
Lead Plaintiff Motion DeadlineDecember 28, 2020

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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