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Aspen Technology, Inc. NASD: AZPN



Company: Aspen Technology, Inc.
Ticker Symbol: NASD: AZPN
Class Period: August 8, 2000 to October 29, 2004
Date Filed: Nov-09-04
Lead Plaintiff Deadline: Jan-06-05
Court: District, MA
Allegations:
A class action has been commenced in the United States District Court for the District of Massachusetts on behalf of purchasers of Aspen Technology, Inc. ("AspenTech") (NASDAQ: AZPN) common stock during the period between August 8, 2000 and October 29, 2004 (the "Class Period").

The complaint charges Aspen Technology, Inc. and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Defendant AspenTech describes itself as the "leading supplier of integrated software and services to the process industries, which consist of oil and gas, petroleum, chemicals, pharmaceuticals and other industries that manufacture and produce products from a chemical process."

Throughout the Class Period, defendants issued numerous positive statements and filed quarterly reports with the SEC which described the Company's increasing financial performance. These statements were materially false and misleading because they failed to disclose and misrepresented the following adverse facts, among others: (i) that the Company had improperly and prematurely recognized revenue for certain software license and service agreement transactions entered into with certain alliance partners and other customers during fiscal years 2000-2002 and possibly other periods; (ii) that the Company lacked adequate internal controls and was therefore unable to ascertain its true financial condition; and (iii) that as a result of the foregoing, the values of the Company's revenues, earnings, assets and/or liabilities for fiscal years 2000-2002 and possibly other periods were materially overstated and may have to be restated.

On October 27, 2004, the Company shocked the market when it issued a press release announcing that its Audit Committee had undertaken a detailed review of the accounting for certain software license and service agreement transactions entered into with certain alliance partners and other customers during fiscal years 2000-2002. The press release continued stating that the review could lead to a restatement and that the Audit Committee was reassessing the time periods in which revenue was recognized for these transactions and whether any of these transactions have prior or current material financial statement impact.

Upon this shocking news, on October 28, 2004, shares of the Company's stock fell to an intraday low of $5.50 per share, or approximately 20%, before closing at $6.68 per share, on unusually heavy trading volume.

Then, on October 29, 2004, the Company announced that federal prosecutors launched a probe into the Company's accounting practices from 2000 through 2002. The Company said it received a subpoena from the U.S. Attorney's Office for the Southern District of New York requesting documents relating to transactions that it entered into during those years, and other documents dating from January 1, 1999.

Upon this shocking news, shares of the Company's stock fell an additional $0.67, or approximately 10%, to close at $6.01, on unusually heavy trading volume. Plaintiff seeks to recover damages on behalf of all purchasers of AspenTech common stock during the Class Period (the "Class"). The plaintiff is represented by Lerach Coughlin, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.

If you acquired the securities of the defendants during the Class Period you may, no later than the Lead Plaintiff Deadline shown above, request that the Court appoint you as lead plaintiff through counsel of your choice. You may also choose to remain an absent class member. A lead plaintiff must meet certain requirements.


If you feel you qualify for damages or remedies that might be awarded in this class action please fill in our form on the right to submit your complaint.

If your injustice does not match the complaint described above, please use this form to register your complaint. Thank you.

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