FOR IMMEDIATE RELEASE
Media Contact:
Andrew M. Rose
Marketing Ink, Inc.
(954) 428-2678
andy@marketingink.net
SHAREHOLDERS FILE CLASS ACTION LAWSUIT AGAINST MIAMI-BASED
E-REX
Allegations Against Technology Company's Officers and
Directors Include Insider Stock Deals, Fraudulent Dilution
of Shares and Misuse of Investors' Funds
MIAMI, FL (February 14, 2002) - A major
group of shareholders in E-Rex (OTC BB: EREX) has filed
a class action lawsuit against the Miami-based technology
development company, its officers, directors, attorney and
law firm, and two associated companies.
The shareholders are alleging that the E-Rex
officers and directors engaged in insider stock deals, fraudulent
dilution of shares, misuse of investors' funds, corporate
mismanagement, breach of fiduciary duty and other wrongdoings.
"It has been a difficult battle against
an entrenched group of very questionable characters who
evidently have blatantly mismanaged this company for personal
gain in violation of their fiduciary responsibilities to
E-Rex and its shareholders," stated Chris Ford, who
is trustee of the Carol Gamble Trust, one of the largest
E-Rex investors.
"However, this lawsuit is only one
part of a multifaceted coordinated program to replace current
management and have E-Rex move forward and take advantage
of market opportunities," he added. Ford said that
the E-Rex shareholders have been working closely with various
federal government agencies, law firms and SageGroup Strategies,
the national Professional Troubled-Company Specialist firm.
Ford said that shareholders have contributed
large dollar amounts to E-Rex in the past few years in an
effort to fund the prototype development of an advanced
technology product called the Dragonfly. E-Rex management
had said that the prototype was scheduled to be completed
by December 2000. While the amount contributed by shareholders
has far exceeded the development cost estimates prepared
by E-Rex management, a prototype has still not been completed.
Instead, the suit alleges, those shareholder
funds were regularly diverted into the hands of E-Rex's
corporate officers and directors and various shell companies.
As a result, the Dragonfly is still in the development stage,
and E-Rex has failed to make its scheduled payments to Valcom
Ltd., a Canadian wireless communications technology and
defense contractor that has been working on the prototype.
Ford, who is a leader of the shareholders
group, estimates that as many as 1,000 shareholders could
become involved in the class action suit, which seeks damages
for investors and the appointment of new management for
the company.
In addition to E-Rex, the lawsuit's defendants
are President and CEO Carl Dilley, Chairman Donald Mitchell,
Director Joseph Pacheco, former Director/Treasurer Jeffrey
Harvey, Attorney Brian LeBrecht and The LeBrecht Group law
firm, as well as DiveDepot.com, Inc., and International
Investment Banking, Inc., two associated companies.
The lawsuit charges that the market price
of E-Rex's common stock was artificially manipulated. "We
also believe that the defendants misrepresented the company
and made misleading statements to shareholders, as well
as fraudulently diluting the value of E-Rex stock by wrongfully
issuing shares to insiders for their personal compensation
and benefit," Ford said.
The shareholders' suit (CV-S-02-0145-DWH-LRL)
was filed Feb. 1 in U.S. District Court in Nevada, where
E-Rex was incorporated in 1986. The suit notes that E-Rex
lost $8 million for the year ending December 31, 2000, compared
with a loss of $464,000 the prior year. In mid-2000 shares
in the company sold for about $1.25 a share, although E-Rex
had no revenue and a negative book value. E-Rex stock is
currently trading at a few pennies per share.
The Federal Bureau of Investigation (FBI)
and the Securities and Exchange Commission (SEC) have already
contacted many shareholders and others as part of their
current investigations of E-Rex and other defendants.
Another recent related development is that
defendant Dilley has notified the SEC that E-Rex has elected
to withdraw a pending Registration Statement because of
the substantive nature of certain SEC comments given by
phone to E-Rex's attorney.
However, many shareholders and professional
advisors are confident that E-Rex will be able to move forward
once current management is replaced. As Larry Lindsey, managing
director of SageGroup Strategies, explained, "E-Rex
has several business possibilities that relate to the building
of value from a business perspective."
Lindsey said that two possibilities relate
to existing opportunities within the company: the Dragonfly
product and the providing of various business services.
Another set of possibilities relates to potential acquisitions
of certain attractive private companies by publicly-traded
E-Rex. A third set of possibilities relates to potential
civil lawsuits by E-Rex (under new management) against various
firms and persons whose actions have damaged the company
in various ways.
For more information regarding the E-Rex
situation, including the shareholders' lawsuit, please contact
Andrew M. Rose, Marketing Ink, Inc. at (954) 428-2678, (954)
234-5806 (cell 24/7) or andy@marketingink.net.