16.  AudioEye is the creator of patented audio browsing and automated publishing  and accessibility technology platforms that create voice-driven technologies to enhance the  mobility, usability, and accessibility of Internet-based content in the United States. The  company develops patented, Internet content publication and distribution software that enables  conversion of any media into accessible formats, as well as allows for real-time distribution on  any Internet-connected device. Its solutions and services enable users of AudioEye-enabled  customers’ Websites or mobile environments to transact, communicate, and engage with  products, brands, and content using its patented interactive voice technologies. The company  offers Audio Internet, a software-as-a service technology platform to Internet and mobile  publishers, developers, owners, and operators.  It serves private- and public-sector customers,  such as corporate publishers; consumer Websites; federal, state, and local governments and  agencies; and mobile advertisers.  33.  As alleged herein, Defendants acted with scienter in that they knew that the  public documents and statements issued or disseminated in the name of the Company were  materially false and misleading; knew that such statements or documents would be issued or  disseminated to the investing public; and knowingly and substantially participated or  acquiesced in the issuance or dissemination of such statements or documents as primary  violations of the federal securities laws.  As set forth elsewhere herein in detail, Defendants, by  virtue of their receipt of information reflecting the true facts regarding AudioEye, their control  over, and/or receipt and/or modification of AudioEye’s allegedly materially misleading  misstatements and/or their associations with the Company, which made them privy to  confidential proprietary information concerning AudioEye, participated in the fraudulent  scheme alleged herein.  47.  Plaintiff repeats and realleges each and every allegation contained above as if  fully set forth herein.   48.  This Count is asserted by Plaintiff on behalf of itself and the Class against all  the Defendants and is based upon Section 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and  Rule 10b-5, 17 C.F.R. § 240.10b-5, promulgated thereunder.   59.  Plaintiff repeats and realleges each and every allegation contained above as if  fully set forth herein.   BACKGROUND   The Company announced that cash bookings for the quarter ended  March 31, 2015 are expected to approximate $2.0 million.  MANAGEMENT COMMENTS  “With great care and expediency, we are committed to both restate  our financial statements and cure the control and process issues  that created the need for the restatements,” said Carr Bettis,  Executive Chairman of AudioEye, Inc. “At its core, AudioEye is a  technology company with the most complete and functional  accessibility solutions available. We are very pleased with  feedback from our customers, and our mandate is to pursue with a  laser-like focus additional sales, increasing customer adoption  rates, and the enhancement of Internet accessibility for all users.”  Violation of Section 20(a) of the Exchange Act  Against the Individual Defendants    Violation of Section 10(b) of the Exchange Act and  Rule 10b-5 Promulgated Thereunder Against All Defendants  