WELCOME TO THE SEC v. MOZILO FAIR FUND DISTRIBUTION WEBSITE
UPDATE: The claims processing phase is now complete and all Determination Notices have been sent. The Tax Administrator is currently reviewing a list of all Eligible Claimants for tax reporting and withholding requirements. The distribution of the Net Fair Fund is anticipated to occur in the first quarter of 2017.
IF YOU PURCHASED OR OTHERWISE ACQUIRED COUNTRYWIDE FINANCIAL CORPORATION COMMON STOCK (CUSIP NO. 222372104) DURING THE PERIOD MARCH 1, 2005 TO APRIL 24, 2008 (THE "RELEVANT PERIOD"), YOU MAY BE ELIGIBLE TO SHARE IN THE DISTRIBUTION OF THE $48,150,000.00 FAIR FUND.
|YOUR LEGAL RIGHTS AND OPTIONS
|Submit A Proof of Claim Form
||This is the only way to be considered for payment. However, if you already submitted a Proof of Claim for the In re Countrywide Financial Corporation Securities Litigation, No. cv 07-05295 MRP (MANx) ("Countrywide Class Action"), you do not need to submit another Proof of Claim.
||You will not be considered for payment.
||Proof of Claim Forms must be Postmarked no later than December 9, 2012.
The following is a summary of information presented in more detail in the Notice which you can access by clicking the Notice link on the left. Since this is just a summary, you should read the full Notice for additional details.
Please read this information carefully. If you are a Potentially Eligible Claimant (as defined below), you may qualify for a distribution payment from the Fair Fund which totals $48.15 million. Subject to certain exceptions described in Question 4 of the Notice, Potentially Eligible Claimants include: All persons or entities that purchased or otherwise acquired Countrywide Financial Corporation common stock (CUSIP No. 222372104) during the period of March 1, 2005 to April 24, 2008.
HOW TO RECEIVE A PAYMENT
To qualify for a distribution payment, if you did not submit a valid Proof of Claim in the Countrywide Class Action, you must file a signed Proof of Claim Form with the Distribution Agent on or before the Claims Filing Deadline, December 9, 2012.
If you submitted a valid Proof of Claim in the Countrywide Class Action, the trading information you already supplied will be used to determine your Fair Fund claim.
The Securities and Exchange Commission ("SEC") has recovered $48.15 million in cash (the "Fair Fund") for the benefit of Potentially Eligible Claimants. The Fair Fund and the interest earned thereon, less fees and expenses, is the "Net Fair Fund." The Net Fair Fund will be distributed to Potentially Eligible Claimants who submitted a valid claim in the In re Countrywide Financial Corporation Securities Litigation ("Countrywide Class Action") or who submit timely and valid Proof of Claim forms ("Eligible Claimants") in the SEC Fair Fund matter pursuant to the Plan of Distribution.
The purpose of the Plan of Allocation (the "Plan") is to establish a reasonable and equitable method of distributing the Net Fair Fund among Eligible Claimants. The Plan is intended to be generally consistent with an assessment of, among other things, the monetary loss suffered by each Eligible Claimant as a result of the conduct alleged by the SEC.
The Net Fair Fund will likely amount to less than the total losses suffered by Eligible Claimants. The calculated Recognized Losses do not represent the amount that will actually be paid to Eligible Claimants. Rather, the Recognized Losses provide the basis upon which the Distribution Agent will allocate the Net Fair Fund to Eligible Claimants on a pro rata basis.
DETAILS OF THE ACTION
In June 2009, the SEC filed a complaint against Angelo Mozilo, David Sambol and Eric Sieracki ("Defendants") alleging violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of l934 ("Exchange Act") and Rule 10b-5 thereunder, Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1 and 13a-13 thereunder, and Rule 13a-14 under the Exchange Act.
The SEC alleged that Mozilo, Sambol and Sieracki failed to disclose to investors the significant credit risk that Countrywide was taking on as a result of its efforts to build and maintain market share. Investors were allegedly misled by representations assuring them that Countrywide was primarily a prime quality mortgage lender that had avoided the excesses of its competitors.
The SEC further alleged that Mozilo engaged in insider trading in the securities of Countrywide in October, November and December 2006 while he was aware of material, non-public information concerning Countrywide’s increasing credit risk and the risk regarding the poor expected performance of Countrywide-originated loans.
On October 15, 2010, the United States District Court for the Central District of California (the "Court") entered the Court’s Final Judgment, pursuant to which (i) Mozilo was required to pay a civil penalty of $22,500,000 and disgorgement of $45,000,000; (ii) Sambol was required to pay a civil penalty of $520,000 and disgorgement of $5,000,000; and (iii) Sieracki was required to pay a civil penalty of $130,000. Between November 2010 and February 2011, the funds paid by Defendants were deposited into an interest bearing account with the Court Registry Investment System.2 The Court established a Fair Fund in accordance with Section 308(a) of the Sarbanes-Oxley Act of 2002. These funds, together with any interest and income earned thereon and after deductions expended or to be expended for taxes and administrative fees (the "Net Fair Fund"), will be distributed in accordance with the enclosed Plan of Allocation to the Eligible Claimants.
Further information regarding the Distribution, the Notice and how to file your claim may be obtained by contacting the Distribution Agent or through reading the Notice and Proof of Claim that can be accessed through the Notice and Proof of Claim links on the left.