U.S. Securities and Exchange Commission Establishes FirstEnergy Fair Fund
Before the
SECURITIES AND EXCHANGE COMMISSION
ADMINISTRATIVE PROCEEDING
File No. 3-22111
In the Matter of FirstEnergy Corp., Respondent. |
NOTICE OF FIRSTENERGY FAIR FUND
TO: Individuals and entities, or their lawful successors, who purchased or acquired FirstEnergy Corp common stock (the "Security") during the period between
If you fall within the group above, you must do one of the following to be considered for eligibility to share in the FirstEnergy Fair Fund:
- Complete and mail the Claim Form postmarked on or before
September 14, 2016 ; or - Submit a claim through the Fair Fund website at www.FirstEnergyFairFund.com so it is received on or before
11:59 p.m. ET September 14, 2016 .
I. Purpose of the Plan Notice
The purpose of the Plan Notice is to inform you that you may be eligible to share in the proceeds of the FirstEnergy Fair Fund described herein. To be potentially eligible to share in the FirstEnergy Fair Fund, you must file a Claim Form in accordance with the steps set forth in the Plan Notice and in the Plan of Distribution (the "Plan") approved by the Securities and Exchange Commission ("SEC" or "Commission"). Claim Forms, together with the Plan Notice, are being mailed to all known Preliminary Claimants1 who are identified as Preliminary Claimants by the Commission-appointed Fund Administrator ("Fund Administrator"), Epiq Class Action & Claims Solutions, Inc. ("Epiq").2 Copies of the Plan, the Plan Notice, and the Claim Form are available on the FirstEnergy Fair Fund website at www.FirstEnergyFairFund.com and through the Commission's website at https://www.sec.gov/enforcement-litigation/distributions-harmed-investors/firstenergycorp. Certain persons are excluded from eligibility under the Plan; these exclusions are summarized in Section III below.
Please Note: Receipt of the Plan Notice does not mean you are an Eligible Claimant as that term is defined in the Plan.
SPECIAL NOTICE TO SECURITIES BROKERS AND OTHER NOMINEE PURCHASERS: If you purchased or acquired shares of FirstEnergy Corp common stock during the Relevant Period as a nominee for a beneficial owner, then within fourteen (14) calendar days after you receive the Plan Notice, you must either: (a) send a copy of the Plan Notice and the accompanying Claim Form by First-Class Mail to all such beneficial owners; or (b) provide a list of the names and addresses of such beneficial owners to the Fund Administrator listed in Part VI of the Plan Notice.
PLEASE READ THE PLAN NOTICE CAREFULLY AND IN ITS ENTIRETY. IF YOU SATISFY THE ELIGIBILITY CRITERIA DESCRIBED BELOW, YOU MAY BE ELIGIBLE TO RECEIVE A DISTRIBUTION PAYMENT FROM THE FIRSTENERGY FAIR FUND. THE PLAN NOTICE CONTAINS IMPORTANT INFORMATION REGARDING YOUR POSSIBLE ELIGIBILITY TO SHARE IN THE FIRSTENERGY FAIR FUND.
II. Background
On
The Commission ordered the Respondent to pay a
The Respondent has paid in full. The Fair Fund has been deposited in a Commission-designated account at the United States Department of the Treasury ("
III. Eligibility Criteria and the Distribution Methodology
To qualify for a payment from the FirstEnergy Fair Fund, you must satisfy certain eligibility criteria that are described in detail in the Plan. The Plan is available on the Fair Fund website at www.FirstEnergyFairFund.com and on the Commission's public website at https://www.sec.gov/enforcement-litigation/distributions-harmed-investors/firstenergycorp. You can also request a copy of the Plan by calling the Fund Administrator at 1-877-269-8770 or by emailing [email protected]. The eligibility criteria include the following:
- You must have purchased or acquired The FirstEnergy Corp common stock during the Relevant Period.
- Your approved transactions must calculate to a Recognized Loss as calculated under the Plan and your Distribution Payment must equal or exceed
$20.00 .
You are excluded from participation in the FirstEnergy Fair Fund if you are an Excluded Party as defined in the Plan, including the following:
- The Respondent;
- Present or former officers or directors of Respondent or any assigns, creditors, heirs, distributees, spouses, parents, dependent children or controlled entities of any of the foregoing Persons or entities;
- Any employee or former employee of the Respondent or any of its affiliates who has been terminated for cause or has otherwise resigned, in connection with the conduct described in the Order;
- Any Person who, as of the Claims Bar Date, has been the subject of criminal charges related to the conduct described in the Order or any related Commission action;
- Any firm, trust, corporation, officer, or other entity in which Respondent has or had a controlling interest;
- The Fund Administrator, its employees, and those Persons assisting the Fund Administrator in its role as the Fund Administrator; or
- Any purchaser or assignee of another Person's right to obtain a recovery from the Fair Fund for value; provided, however, that this provision shall not be construed to exclude those Persons who obtained such a right by gift, inheritance or devise.
The Recognized Loss incurred by an Eligible Claimant shall be determined as set forth in the Plan. The methodology used to determine eligibility and calculate Distribution Payments is set forth in the Plan of Allocation attached to the Plan as Exhibit A.
IV. Claim Forms
A CLAIM FORM IS BEING MAILED TOGETHER WITH THE NOTICE TO ALL PRELIMINARY CLAIMANTS KNOWN TO THE FUND ADMINISTRATOR. IF YOU DO NOT RECEIVE A CLAIM FORM IN THE MAIL OR REQUIRE ADDITIONAL CLAIM FORMS, FOLLOW THE INSTRUCTIONS BELOW UNDER "ADDITIONAL INFORMATION."
YOU MUST DO ONE OF THE FOLLOWING TO BE CONSIDERED FOR ELIGIBILITY TO SHARE IN THE FIRSTENERGY FAIR FUND:
- COMPLETE AND MAIL THE CLAIM FORM POSTMARKED ON OR BEFORE
SEPTEMBER 14, 2026 ; OR - SUBMIT A CLAIM THROUGH THE FAIR FUND WEBSITE AT WWW.FIRSTENERGYFAIRFUND.COM SO IT IS RECEIVED ON OR BEFORE
11:59 P.M. ET SEPTEMBER 14, 2026 .
V. Claim Determinations
The Fund Administrator will send a Claim Status Notice within 60 days of the Claims Bar Date to any Preliminary Claimants who submitted a deficient Claim Form. The Claim Status Notice will provide the reason(s) for the deficiency and in the event the claim is denied, the Claim Status Notice will state the reason(s) for such denial. The Claim Status Notice will also notify the Preliminary Claimant of the opportunity to cure any deficiency, request reconsideration, or dispute the determination made by the Fund Administrator and provide instructions regarding what is required to do so.
Within 150 days of the Claims Bar Date, the Fund Administrator will complete all claims determinations and send a Determination Notice to all Preliminary Claimants who timely submitted a Claim Form notifying the Preliminary Claimant of its eligibility determination. The Determination Notice will constitute the Fund Administrator's final ruling regarding the eligibility status of the claim. The Fund Administrator may consider disputes of the recognized loss calculation pursuant to the procedures outlined in the approved Plan of Distribution.
VI. Instructions for Submitting a Claim Form
YOU MUST DO ONE OF THE FOLLOWING TO BE CONSIDERED FOR ELIGIBILITY TO SHARE IN THE FIRSTENERGY FAIR FUND:
- COMPLETE AND MAIL THE CLAIM FORM POSTMARKED ON OR BEFORE
SEPTEMBER 14, 2026 TO FIRSTENERGY FAIR FUND, FUND ADMINISTRATOR, P.O. BOX 2874,PORTLAND, OR 97208-2874; OR - SUBMIT A CLAIM THROUGH THE FAIR FUND WEBSITE AT WWW.FIRSTENERGYFAIRFUND.COM SO IT IS RECEIVED ON OR BEFORE
11:59 P.M. ET SEPTEMBER 14, 2026 .
VII. Additional Information
Additional information regarding the FirstEnergy Fair Fund may be found at www.FirstEnergyFairFund.com. Additional Claim Forms and Plan Notices may also be downloaded at the FirstEnergy Fair Fund's website. You may obtain additional information or request copies of Claim Forms and Plan Notices by calling the FirstEnergy Fair Fund's toll-free number at 1-877-269-8770, or by emailing [email protected].
PLEASE CHECK THE WEBSITE WWW.FIRSTENERGYFAIRFUND.COM FREQUENTLY FOR UPDATES.
1 Capitalized terms not defined here are defined in the Plan. |
URL: www.FirstEnergyFairFund.com
View original content:https://www.prnewswire.com/news-releases/us-securities-and-exchange-commission-establishes-firstenergy-fair-fund-302803599.html
SOURCE Epiq
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