Frequently Asked Questions

  1. Why did I receive a Notice?

    You or someone in your family may have purchased or acquired Americas common stock on September 9, 2009 through the Close of Trading on September 2, 2010.

    If you fit this criteria and suffered a loss according to the Distribution Plan, you may be eligible for a Distribution Payment from the Distribution Fund. FAQ 6 explains the steps you must take to file a Proof of Claim Form in order to participate.

    You may review a copy of the Distribution Plan Notice here.

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  2. What is this lawsuit about?

    The Commission charged that, from 2009 to 2010, the Defendants violated federal securities laws by acquiring positions of more than 5% of Americas common stock without publically disclosing their beneficial ownership status. While acquiring the shares of Americas stock, Strebinger and Chapman also coordinated a massive campaign to promote the common stock through blast emails and direct mailings of stock promotion reports authored by third persons.

    A Distribution Fund was established by the Court and the Defendants have paid $4,315,640.00 in disgorgement for distribution to harmed investors.

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  3. What is the Recovery Period?

    The Recovery Period is September 9, 2009 through the Close of Trading on September 2, 2010.

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

    You are eligible if you purchased or acquired Americas common stock on September 9, 2009 through the Close of Trading on September 2, 2010, and suffered a loss according to the Distribution Plan, which can be found here.

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  5. What is the total amount of the Distribution Fund?

    Pursuant to the Distribution Plan, $4,315,640.00 was paid to the Distribution Fund.

    The Distribution Fund will be distributed to Eligible Claimants in accordance with the provisions of the Court-approved Distribution Plan.

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  6. How do I receive payment?

    In order to be eligible for a Distribution Payment from the Distribution Fund, you must have purchased or acquired Americas common stock during the Recovery Period, and you must submit a completed Proof of Claim Form on or before the Claims Bar Deadline of October 8, 2019. A Proof of Claim Form was included with the Distribution Plan Notice and is available for download here.

    All Proof of Claim Forms must be signed and submitted to the address provided below, postmarked by or, if not sent by U.S. mail, received by the Distribution Agent no later than October 8, 2019. Claims postmarked or, if not sent by U.S. mail, received after October 8, 2019 will not be eligible to participate in the distribution of the SEC v. Strebinger Distribution Fund.

    SEC v. Strebinger Distribution Fund
    Distribution Agent
    P.O. Box 2995
    Portland, OR 97208-2995

    Please note that filing a Proof of Claim Form does not guarantee that you will be eligible for any recovery.

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  7. Who is excluded from participation in the Distribution Fund?
    1. Any director or officer, or former officer or director, of Defendants, or any of Defendants’ past or present Affiliates who served in such capacity during the Recovery Period and were directly involved in the conduct detailed in the Complaint;
    2. Any employee or former employee of Defendants or of any of their past or present Affiliates who have been terminated for cause, or have otherwise resigned, in connection with the conduct described in the Complaint or any related Commission action;
    3. 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;
    4. 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;
    5. Any Affiliates, assigns, creditors, heirs, distributees, spouses, parents, children, or controlled entities of any of the foregoing Persons or entities as described above;
    6. 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
    7. The Distribution Agent, its employees, and those Persons assisting the Distribution Agent in its role as the Distribution Agent.

    If you are still not sure whether you are included, you can ask for free help. You can contact the Distribution Agent for more information toll-free at 877-646-8204, by email at info@SECvSterbingerDistributionFund.com, or at P.O. Box 2995, Portland, OR 97208-2995. You may also fill out and return the Proof of Claim Form to see if you qualify.

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  8. What is Epiq’s relationship to the Defendants/SEC/case?

    Epiq is 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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  9. 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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  10. Whom should I contact to get the required supporting documentation to send in with my claim?

    Depending on how you acquired the shares of Americas common stock, you will either need to contact your broker or tax advisor to retain the necessary documentation to file a Proof of 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 Form, or your claim may be rejected.

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  11. What is considered acceptable/sufficient documentation to support my transactions on my Proof of Claim Form?

    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 broker's 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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  12. How do I get information about my claim?

    You may contact the Distribution Agent by calling 877-646-8204, sending an email to info@SECvStrebingerDistributionFund.com, or by writing to P.O. Box 2995, Portland, OR 97208-2995 for more information.

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  13. What are the CUSIP and ticker for Americas common stock during the Recovery Period?

    The CUSIP for Americas common stock from September 9, 2009 through November 15, 2009 was 89486Y101, with the Ticker symbol TRET.

    The CUSIP for Americas common stock from November 16, 2009 through September 2, 2010 was 03063G102, with the Ticker symbol AENY.

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