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SANTO DOMINGO.- Gildan Activewear Inc., a T-shirt maker with a factory in Dominican Republic, is facing the possibility of a $500-million class-action lawsuit over allegations executives pocketed millions by selling shares before news of problems at the company's plant in this country sent the stock plummeting, the Web site cbc.ca reports.

“German institutional investor Metzler Investment GMBH is the lead plaintiff in the proposed suit. It claims to have lost around $900,000 after information about the problems at the plant was released,” it said.

It reports on a statement of claim filed in Ontario Superior Court late last week, but made public Monday, where “Metzler alleged that Gildan CEO Glenn Chamandy and a holding company in his name made $95.2 million US selling shares between Aug. 9 and Dec. 5, 2007.”

Cbc.ca said chief financial and administrative officer Laurence Sellyn allegedly earned $802,827 Cdn selling shares on Dec. 20 and 21.“None of the allegations has been proven in court. Gildan, which hasn't yet been served with the lawsuit, didn't return calls seeking comment,” the publication said.

“Gildan knew or ought to have known the severity of the problems at the Dominican facility,” cbc.ca said, quoting plaintiff arguments, and that it “had a duty to promptly pass that information on to investors.”

"The defendants were reckless or, at a minimum, negligent in failing to realize that fact and in failing to prevent the misrepresentations alleged herein," the claim states. Accordingly, the defendants have violated their duties to the plaintiffs and to persons or entities similarly situated," it said, quoting the claim documents.

The Canada-based site said the claim on behalf of all class members is seeking $500 million in general damages and $5 million in punitive damages.

“The class action filed by law firm Siskinds LLP is brought on behalf of all persons who bought Gildan securities between Aug. 2, 2007, and April 29, 2008, and who held those shares on April 29,” cbe.ca said.

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COMMENTS
7 comment(s)
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Written by: JimHarrington, 17 Jun 2008 8:50 AM
From: United States
Even the Canadians are not without their shre of corporate corruption.
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Written by: Manhattanite, 17 Jun 2008 9:43 AM
From: United States, New York City
This may not be corruption, just a greedy investor who can't swallow an investment loss and turns to litigation. Just like bankers, these people don't want to pay for making incorrect calls.
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Written by: juanb, 17 Jun 2008 9:56 AM
From: Dominican Republic
There probably were insider trading crimes committed that led to the lawsuit but you guys are missing the point. The illegal actions were caused by inside knowledge of SEVERE PROBLEMS in this company"s dominican sewing facility. This is another black mark for our apparel industry. As a Dominican, I am more concerned that another factory is mismanaged at a time when we need this type of business to come back.
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Written by: JimHarrington, 17 Jun 2008 10:22 AM
From: United States
Most of the mismanagment as you refer to is really a matter of the DR Mentality and DR way.

I have been to many factories in the DR and they are run well however the majority of the people don't care about anything other than what food I can put on the plate.

Things like preventive maintenance dosen't exist and that is what cause these problems. People don't care and the few that do give up in frustration in the end.
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Written by: gouletcolonial, 17 Jun 2008 10:47 AM
From: Canada
even Canadians yes of course why not Canadians ...this could be one of those pump and sell stocks and yes insider stock trading
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Written by: dreadlocks, 17 Jun 2008 11:05 AM
From: United States
once again, Jim Harrington and myself seem to share consonant viewpoints. i have no idea why people reflexively attribute the failure of foreign operations to " mismanagement". in any business venture, there are three types of capital. firstly, there is physical capital, such as plant and equipment, and the financial accoutrement. then there is human capital, the workforce. then there is social capital, the workforce's attitude to work. we still live in a culture wherein just enough is good enough. give a technician something to repair and he will get it up and running, but just barely. he will not diagnose what caused the malfunction in the first place, simply rectifying the symptoms.therefore, the thing will break again in 48 hours.nobody cares: it aint my money, they say! i have many friends who tried to operate factories in zona franca spaces, and who gave up in despair. when employees stole jeans, they did not steal one or two dozens at a time.they stole thousands! the guy went
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Written by: dreadlocks, 17 Jun 2008 11:07 AM
From: United States
belly up on theft alone. not to mention absences, pregnancies, latecoming and early leaving ( all with the tried and true excuse " my daughter was sick"), and just plain lax work ethic. as i said before, resources do not make one successful: it is the utilisation thereof. this economy is legendary in its ability to underperform.
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