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In 2012, after working at First National Bank for six years, Billy
Bryant helped establish Breakstone Capital Corporation (BCC), a
venture capital firm that invested in the communications and
technology sectors. BCC went public in 2014, and Bryant served as
its CEO and chairman of the board. Various documents filed with the
SEC stated that Bryant earned a BBA degree in accounting from
Northwest University. In fact, Bryant attended Northwest for four
years, but he did not graduate. After being pressured by a
journalist, Bryant disclosed the misrepresentation to the BCC
board. The same day, the company issued a press release correcting
the statement.
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The press responded negatively to "another CEO that lied about his
resume" and speculated about "what else might not be right." On the
day the press release was issued, BCC's stock price dropped from
$32.45 per share to $16.22, but it fully recovered within a
month.
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Shareholders sued, alleging that the misrepresentation violated
section 11 of the 1933 Act, section 10(b) of the 1934 Act and Rule
10b-5.
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