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2B - Edition: May 12, 2004
Check is not in the mail in WorldCom
settlement
Disbursement of funds will take year or longer
By Matt Krantz
USA TODAY
Citigroup might have agreed to pay $2.7 billion to ex-WorldCom
shareholders, but if you were one, don't go shopping for your
beach house just yet.
Not only will it be a year or more before investors see a
dime from one of the largest securities class-action
settlements, but it doesn't cover investors who might have filed
arbitration cases against Citigroup, Salomon Smith Barney and
its former telecom analyst Jack Grubman for recommending the
stock.
The class-action lawsuit is against Citigroup for its role as
the biggest seller of WorldCom stocks and bonds. It has nothing
to do with arbitration cases involving Salomon Smith Barney or
rosy research reports issued on WorldCom.
''This (settlement) really stands by itself with connection
to WorldCom,'' says Joseph Tabacco, attorney with Berman
DeValerio Pease Tabacco Burt & Pucillo, a firm that
represents the Fresno County Employees' Retirement Association
in the class-action case.
That's not to belittle this settlement. It's the first major
break for shareholders since the implosion of WorldCom, which
became a giant telecom company through many acquisitions that
Citigroup helped finance. Unlike many class-action settlements
that are soaked up by 25% legal fees, the lawyers in this case
will receive no more than 6%. The exact fee must still be
determined by the court.
What if you were one of hundreds of thousands of investors
who bought WorldCom shares between April 29, 1999, and June 25,
2002? You're eligible for a share of the settlement. Attorneys
and experts urge you to take several steps:
* Watch your mailbox. Your brokerage firm should mail
you a claim form, a document you must fill out to prove your
eligibility. But relax -- it's going to take months. The court
must still approve the settlement before the forms are mailed.
The best thing to do is monitor developments at the class-action
lawsuit's Web site (worldcomlitigation.com).
* Stay tuned. No
checks will go out until all claims are in, and it could take
months for all members of the class to file claims, says Brad
Heffler, CEO of Claims Compensation Bureau. All claims must be
verified, and the final settlement must be court approved.
The pot could grow. There are 17 other investment banks that
have a few more weeks to agree to the same settlement terms that
Citigroup adopted.
* Keep your expectations in check. Despite the amount
of the settlement, it will be divvied up between stockholders
and bond holders. The $2.7 billion is a small sliver of the
$181.2 billion the company was worth at its peak, before the
fraud was revealed.
The big question will be how this settlement will affect the
unknown number of pending arbitration cases against Citigroup.
Investors have won awards in at least nine cases -- one for
$212,412 -- but many more have been thrown out.
Some investors, seeing the size of the class-action lawsuit,
might drop their cases and join the class. However, Alan
Bromberg, a law professor at Southern Methodist University, says
the settlement might give other investors the encouragement to
press their arbitration cases.
''The companies that had analysts out there touting stock are
the ones most affected and most likely to settle,'' Bromberg
says.
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