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INVESTOR WANTS CDC SOFTWARE CEO OUSTED
The strange tale of CDC Software continues as an investment firm has demanded the board of directors fire CEO Peter Yip. Meanwhile, NASDAQ is taking action to delist the company's stock and last month Deloitte & Touche resigned as outside auditor. Wynnefield Capital Funds, which owns 12.3 percent of the public float of CDC Software's Class A Common Stock, took uncommonly strange language over the board's decision to place Yip on medical leave instead of firing him after he was found to have lied under oath. Whew!
"We write to express our outrage over the Board of Director’s failure to adequately address the harm to our Company caused by Vice Chairman Peter Yip, as documented in our Company’s 6-K dated October 20, 2011." The letter notes that CDC was fined $150,000 after Yip gave what a judge termed "patently false testimony ..." and said he was considering sanctioning Yip. Yip was at first placed on medical leave. 'Then on October 11, the board unanimously voted to fire him following the report of an investigating committee. After Yip threatened suit, the board voted three to two to put him on medical leave on October 16 "in what we can only believe to be acts of supreme cowardice" the investment firm's letter continued. Wynnefield noted that Yip is serving as vice chairman despite being on medical leave. Wynnefield called individuals who supported Yip to either reverse the decision or to follow the example of former chairman Dr. Lee Lam, who resigned on October 16 before the second vote. The NASDAQ letter on November 17 said that "NASDAQ staff members (the “Staff”), exercising their discretionary authority, have determined to delist the Company’s securities based on public interest concerns" and failure to file an annual report for 2010. Trading in the securities was halted on October 5. The company requested a hearing regarding the issues. CDC Software owns the Ross ERP and Pivotal CRM lines. Deloitte, which had audited the company since its IPO, wrote that it "would not rely upon representations of Mr. Yip or those influenced or controlled by him" and that the firm was not comfortable with the fact Yip was continuing to influence company management and operations.
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