Question: 2 2 . 6 In 1 9 9 8 , after working at two banks for about 1 0 years, Bryan J . Mitchell helped

22.6
In 1998, after working at two banks for about 10 years, Bryan J. Mitchell helped found MCG Capital Corporation, a venture capital firm that invested in the media, communications, and technology sectors. MCG went public in 2001, and Mitchell served as its CEO and chair of the board. Various documents filed with the SEC stated that Mitchell earned a B.A. in Economics from Syracuse University. In fact, he attended Syracuse for only three years and did not graduate. After being pressured by a journalist, Mitchell disclosed the misrepresentation to the MCG board. The same day, the company issued a press release correcting the statement.
The press responded negatively to another CEO that lied about his rsum and speculated about what else might not be right. On the day the press release was issued, MCGs stock price dropped from $11.85 per share to $8.40, but it fully recovered within a month.
Shareholders sued, alleging that the misrepresentation violated section 11 of the 1933 Act, section 10(b) of the 1934 Act, and Rule 10b5. Was Mitchells lie about having a college degree material? Would your answer be the same if a CEO lied about having helped to take a company through an initial public offering and subsequent acquisition by another company and having led a pharmaceutical company from incorporation to human clinical trials? If you were a member of the MCG board, would you be comfortable keeping Mitchell as CEO once you learned that he had lied about having a college degree? [

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