This article will cover the answers to frequently asked questions.


General Questions

1.  How can I get confirmation that you received my claim form?

2.  What is the status of my claim?

3.  When can I receive the status of my claim?

4.  What is the status of the case in which I submitted a claim?

5.  I received a Notice but no Proof of Claim. When will I receive a claim form?

6.  Why did I receive more than one Notice and claim form?

7.  How do I change the address you have on file for me?

8.  What happens if I don't file my claim on time?

9.  What happens if I don't submit my request for exclusion on time?

10.  How do I get a copy of a Notice, Proof of Claim, or other case documentation?

11.  How do I get a copy of my claim?

12.  Will the information I submit be kept confidential?


Completing and Submitting a Claim Form Questions

1.  Who is the beneficial owner?

2.  Do I need to include "Proof of Authority to File"?

3.  What should I do if I have more transactions or other relevant data than will fit on the claim form?

4.  What do I do if I don't have the type of documentation/proof requested by the Proof of Claim?

5.  I am a resident of a foreign country and do not have a United States Social Security Number or Taxpayer Identification Number. How should I complete these sections?

6.  How can I obtain information on how to submit data in an electronic file?

7.  Where do I send my claim form?


Distribution of Settlement Fund Questions

1.  When will I receive my distribution?

2.  How do you determine the amount of my distribution?

3.  How can I find out the amount of my distribution?

4.  How will the distribution be made/delivered?

5.  Is my distribution taxable?

6.  My distribution check is past the void date. How can I get another one?

1.  How can I get confirmation that you received my claim form?

If you desire an acknowledgement of receipt of your claim form, please send it via Certified Mail, Return Receipt Requested.

2.  What is the status of my claim?

In order for us to give you any information regarding the status of your claim, you must first contact us (via email at classact@gilardi.com or via phone at 415-461-0410) to obtain your claim number. When contacting us, please be prepared to provide your name, address and last four digits of your Social Security Number or Tax Identification Number.

3.  When can I receive the status of my claim?

About four to six months after the filing deadline.

4.  What is the status of the case in which I submitted a claim?

The processing of any case usually falls into three categories: (i) receiving claims, (ii) processing claims, and (iii) distribution of the settlement. To check on the status of a specific case administration, please see the case status section of this site.

5.  I received a Notice but no Proof of Claim. When will I receive a claim form?

In some cases, we only mail a Notice to potential claimants because there is no claim form available at the time of the mailing. If and when a claim form becomes available, we will send it out to everyone who received the Notice.

6.  Why did I receive more than one Notice and claim form?

It is not uncommon for individuals to receive more than one Notice and claim form in the mail. It is because your name and address, in slightly different form, is on more than one list provided to us. If you have already filed a claim in the case, you do not need to resend your information.

7.  How do I change the address you have on file for me?

You can send your address change request to us via email at classact@gilardi.com or fax it to 415-461-0412. Your request should be signed and include the name of the case, your full name, old address and current address.

8.  What happens if I don't file my claim on time?

You can file a claim in any case after the filing deadline has passed and it will be considered a late claim. The Court and attorneys for each case will determine if late claimants will be allowed to participate in the settlement fund.

9.  What happens if I don't submit my request for exclusion on time?

Your request will be considered late, and whether or not the request is honored is determined by the attorneys in the matter.

10.  How do I get a copy of a Notice, Proof of Claim, or other case documentation?

Please submit the request with your full name and current address and reference the case name via phone at 415-461-0410 or via email at classact@gilardi.com.

11.  How do I get a copy of my claim?

You can request a copy of your claim via mail to the address provided in the case Notice, via email to classact@gilardi.com or via fax to 415-461-0412. The request should include all of the information on the front of the claim form and all of your current contact information.

12.  Will the information I submit be kept confidential?

To the extent feasible, we will maintain the confidentiality of all claim information and data transmitted by claimants, defendants, banks, or others. Such confidential information and data ordinarily will be made available only to us, as Claims Administrator, and Plaintiffs' Counsel, and their respective staffs, consistent with the need to adjudicate contested claims, and consistent with any orders that may be entered by the Court.

1.  Who is the beneficial owner?

The individual or company who owns a stock and may have benefited or lost money due to its change in value.

2.  Do I need to include "Proof of Authority to File"?

If you are the direct claimant or beneficial owner in a matter, you do not need to provide proof of authority to file. If you are filing on behalf of another party you must include your proof of authority to file on their behalf.

3.  What should I do if I have more transactions or other relevant data than will fit on the claim form?

Please make copies of the necessary page(s) of the claim form, write the additional transactions/data on the copied page(s) and initial each page. Incomplete Proof of Claim forms may be returned to the claimant with a letter of explanation.

4.  What do I do if I don't have the type of documentation/proof requested by the Proof of Claim?

You can file a claim without the requested documentation. We will contact you via letter if we find that your claim is deficient. You will have a period of time to correct your claim form. If you do not correct your claim form, it may be rejected and you will not be able to participate in the settlement fund.

5.  I am a resident of a foreign country and do not have a United States Social Security Number or

Taxpayer Identification Number. How should I complete these sections?

Please leave that section blank or write in all zeros and we will know that these two sections do not apply to you. You should be prepared to complete a W-8BEN form, which can be found on the Internal Revenue Service web site at www.irs.gov

6.  How can I obtain information on how to submit data in an electronic file?

You can email edata@gilardi.com and request the electronic data submission instructions and requirements. Please specify if you are an individual filing on your own behalf or if you represent an entity filing on behalf of others.

7.  Where do I send my claim form?

Please send your claim form to the address listed in the Proof of Claim form package.

1.  When will I receive my distribution?

Distribution occurs after we have completed all the claims processing in the case. Processing time on our cases normally takes anywhere from 6 to 12 months from the filing deadline.

2.  How do you determine the amount of my distribution?

The amount of your distribution will be determined by the Court-approved methodology (generally called a Plan of Allocation) usually found in the Notice that accompanies your claim package.

3.  How can I find out the amount of my distribution?

We do not have final claim payout figures until all of the claims are processed, the total loss of claims filed is calculated and the final numbers have been approved by the Court.

4.  How will the distribution be made/delivered?

How the distribution is made will depend on the type of settlement fund. Monetary distributions will be sent via check to the beneficiary name and address on the claim form. Distribution methods for other settlement assets (stock, rebates, products, etc.) are determined by the relevant parties in each case.

5.  Is my distribution taxable?

The tax treatment of any distribution varies based on the nature of the settlement, the claimant's tax status and the treatment of the claimant's investments/activity underlying the claim. You should consult your tax advisor to determine the tax consequence, if any, regarding the distribution you receive. Please note that the Internal Revenue Service has issued regulations under Internal Revenue Code Section 468B which provide in part:

"Whether a distribution to a claimant is included in the claimant's gross income is generally determined by reference to the claim in respect of which the distribution is made and as if the distribution were made directly by the transferor."

6.  My distribution check is past the void date. How can I get another one?

You will need to request a check re-issue. The request must be signed and should include the case name, the check number and the name of the beneficiary (who the check was made out to). In the request, please detail any changes that need to be made. The request can be mailed to the address below, faxed to 415-256-9757 or emailed to classact@gilardi.com.

Gilardi & Co. LLC


Re: Check reissue request


P.O. Box 990


Corte Madera, CA 94976

For all other questions, please call (415) 461-0410 or our toll-free number (800) 447-7657 to speak to a customer service representative.