Frequently Asked Questions

  1. What is this lawsuit about?

    On October 6, 2014, the Commission filed a settled enforcement action against AgFeed Industries, Inc. alleging that the Defendant reported fictitious revenues from its China operations from 2008 through June 30, 2011 in order to meet financial targets and prop up the stock price.

    On October 18, 2016, the Distribution Plan was approved by the Court. Pursuant to the Distribution Plan, investors who held shares of AgFeed common stock during the Recovery Period and suffered a loss, as provided in the Distribution Plan, may be entitled to receive a distribution from the Distribution Fund.

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  2. What is a Distribution Fund, and what is the total amount of the Distribution Fund?

    Pursuant to the Confirmed Plan, $5,500,000.00 was paid to the Commission. The funds were deposited into a non-interest-bearing account with the Commission and are now being held in one-day certificates

    The Distribution Fund will be distributed to certain shareholders and owners of AgFeed common stock in accordance with the Court-approved Distribution Plan.

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  3. Why did I receive a notice?

    You or someone in your family may have purchased or otherwise acquired the common stock of AgFeed Industries, Inc. from March 14, 2008 through and including December 19, 2011. If you fit this criteria and suffered a loss according to the Distribution Plan, you may be eligible for a payment from the Distribution Fund. The Notice explains the steps you must take to file a Proof of Claim Form in order to participate. The Distribution Plan describing the calculation of investor loss can be found in the Notice.

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  4. How do I participate? What do I need to do?

    If you did not receive a letter informing you that you do not need to file a claim, then if you held AgFeed common stock at any time during the Class Period and wish to establish your potential eligibility to share in the Distribution Fund, you must submit a valid Proof of Claim Form and supporting documentation postmarked no later than March 31, 2017 to:

    SEC v. AgFeed Distribution Fund
    PO Box 3757
    Portland, OR 97208-3757

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  5. I received a Notice of Eligibility stating that I filed a claim in the Blitz v. AgFeed Industries, Inc. Class Action and am therefore eligible for the SEC matter. Is this true?

    Yes. If you received such a letter, the claim we have on file for you from the Class Action has been automatically entered as a claim in the SEC matter, and you do not need to do anything unless you wish to make changes or add to your prior claim. If you wish to make changes to your claim, please complete and return the Supplemental Proof of Claim Form enclosed in the Notice of Eligibility you received. If you need the Notice of Eligibility mailed to you again, please contact us via phone or email.

    Please note that the Recovery Period applicable in the Distribution Fund is longer than the Class Period in the underlying Class Action.

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  6. I filed a claim in the Blitz v. AgFeed Industries, Inc. Class Action. Do I need to file a claim in this one?

    No. If you filed a claim in the Class Action, that claim has been automatically entered as a claim in the SEC matter, and you do not need to do anything unless you wish to make changes or add to your prior claim. Please note that the Recovery Period applicable in the Distribution Fund is longer than the Class Period in the underlying Class Action.

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  7. I wish to make changes to the claim I filed in the Blitz v. AgFeed Industries, Inc. Class Action. How do I do that?

    You can modify your claim by completing and returning the Supplemental Proof of Claim Form enclosed in the Notice of Eligibility you received and your additional supporting documentation to the Distribution Agent no later than March 31, 2017. You should not submit a Proof of Claim Form if you wish to make changes to your claim but instead, submit the Supplemental Proof of Claim Form. If you need the Notice of Eligibility mailed to you again, please contact us via phone or email.

    Please note that the Recovery Period applicable in the Distribution Fund is longer than the Class Period in the underlying Class Action.

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  8. The letter I received listed my Eligible Loss Amount under the Distribution Plan. Does this mean I will get a check?

    Not necessarily. Please note that your Eligible Loss Amount listed on the letter you received is not your final award amount. Each Eligible Claimant will receive a pro rata amount of the Distribution Fund based on their Eligible Loss Amount, subject to the minimum payment threshold of $10.00. The Distribution Agent cannot determine whether or not you will receive a payment until the time of distribution.

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  9. What is the CUSIP and ticker for AgFeed common stock?

    The CUSIP for AgFeed common stock during the Recovery Period was 932353105. The current CUSIP is 00846L101. The ticker symbol is FEED.

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  10. What is the SEC Recovery Period?

    The SEC Recovery Period is March 14, 2008 through and including December 19, 2011.

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  11. What is your relationship to the Defendants/SEC/Case?

    We are Epiq Systems, the Distribution Agent hired to fulfill certain responsibilities in this case such as mailings, review of claims, distribution and other administration tasks.

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  12. How will my information be protected?

    As a long-established legal services firm, our electronic systems, software applications, employee and operational protocols are all designed to afford utmost protection and security for the case information provided to us. Further, we are obligated to fulfill the security requirements mandated by the various Court Jurisdictions and Governmental Entities that oversee the various types of cases we administer.

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  13. Who is eligible to participate in the Distribution Fund?

    You are eligible if you held AgFeed common stock at any time from March 14, 2008 through and including December 19, 2011, and suffered a loss according to the Distribution Plan which can be found in the Notice.

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  14. Who is excluded from participation in the Distribution Fund?

    You are excluded from participation in the Distribution Fund if you are:

    • Any director or officer, or former director or officer, of the Defendant, or any of Defendant’s past or present Affiliates who served in such capacity during the Recovery Period and were directly involved in the conduct detailed in the Complaint;
    • Any employee or former employee of Defendants or of any of its past or present Affiliates who has been terminated for cause, or has otherwise resigned, in connection with the conduct described in the Complaint or any related Commission action;
    • Any defendant in any action brought by the Commission related to the conduct described in the Complaint or any related Commission action, unless and until such defendant is found not liable in all such civil suits prior to the Claims Bar Date, and proof of the finding(s) is included in such defendant’s timely filed Proof of Claim Form;
    • Any Person who, as of the Claims Bar Date, has been the subject of criminal charges related to the violations alleged in the Complaint or any related Commission action, unless and until such Person is found not guilty prior to the Claims Bar Date, and proof of the finding(s) is included in such Person’s timely filed Proof of Claim Form;
    • Any Affiliates, assigns, creditors, heirs, distributees, spouses, parents, children, or controlled entities of any of the foregoing Persons or entities described in Paragraph 9(a)-(d) in the Notice;
    • Any purchaser or assignee of another Person’s right to obtain a recovery from the Distribution Fund, provided, however, that this provision shall not be construed to exclude those Persons who obtained such a right by gift, inheritance, devise or operation of law; and/or
    • The Distribution Agent, its employees, and those persons assisting the Distribution Agent in its role as the Distribution Agent.
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  15. Who should I contact to get the required supporting documentation to send in with my claim?

    Depending on how you acquired the shares of AgFeed common stock, you will either need to contact your broker or tax advisor to retain the necessary documentation to file a claim form. Essentially, you will need to contact the person/party from whom you purchased the stock. Acceptable supporting documentation must be included with your completed Proof of Claim or Supplemental Proof of Claim Form, or your claim may be rejected.

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  16. What is considered acceptable/sufficient documentation to support my transactions on my Proof of Claim or Supplemental Proof of Claim?

    Acceptable documentation must include the name of the owner or owners of the account for which you are filing a claim, the name of the broker through whom the security was traded, trade date, number of shares purchased, acquired and/or sold, and price paid (excluding brokers’ commissions, taxes and fees).

    Acceptable documentation includes contract notes, brokers’ confirmation slips, account activity pages from brokers’ computer printouts (including the front page), or account activity pages from brokers’ monthly statements (including the front page), if those statements contain the required information. Letters from your broker are acceptable only if they are on the brokers’ letterhead and contain the required information listed above. Your own records or certificates DO NOT constitute acceptable documentation. We cannot pre-approve any documentation as acceptable without seeing it first.

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  17. I inherited (or received as a gift) AgFeed common stock. Am I eligible to file a claim?

    Your eligibility is dependent upon when the shares were originally purchased. If the original owner purchased the shares during the qualifying Recovery Period, then you may file a claim for those inherited or gifted securities. You must include copies of broker statements or other documentation of the original purchase with your claim. In addition, include documentation of the transfer of the securities to you, such as the broker statements for the period in which the transfer occurred. In the case of an inheritance, you should attach copies (please do not send originals) of any legal documentation showing you are the legal recipient of these shares. If the original owner purchased the shares prior to the qualifying time period, the shares would not be eligible. If you received a gift, you and the original owner may not both claim with regard to the same shares. If both of you make a claim, only the claim filed by you (the donee) will be honored.

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  18. How do I get information about my claim in the Class Action?

    You may contact the Distribution Agent by calling 888-286-8201 or by sending an email to info@SECvAgFeedDistributionFund.com for more information.

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Important Dates

  • SEC Recovery Period
    March 14, 2008 through and including December 19, 2011
  • Claim Filing Postmark Deadline
    March 31, 2017