Meeting Plans
for
Fair Allocations of $225 Million
Restitution Fund
For those of you interested in allocations of CA’s $225
million Restitution Fund, a meeting is being arranged for later this month
to define issues that you think the Fund’s Administrator should consider in
preparing his plan for distributions.
Subject |
The essential question to be addressed is how funds should be
allocated to shareholders for injuries associated with the impairment
of value from damage to the company which resulted from the criminal
conduct described in the Deferred Prosecution Agreement, as distinguished from injuries
resulting from an investor’s purchases of stock at fraudulently
inflated prices. |
Attendance |
Like all Forum programs, the meeting will be open to all CA
shareholders and any fiduciaries or professionals concerned with their
decisions. |
Panelists |
Since there are no established standards for the subject of the
meeting, a panel of academic and professional experts will participate
in the discussions to help define the issues raised by shareholders.
Then, based on the meeting, they will prepare a summary and
recommendations for the Administrator’s consideration. The panel will
be chaired by
Lucian Arye Bebchuk, Professor of Law, Economics, and Finance at
Harvard and Director of their Program on Corporate Governance, and
co-author of the new book,
Pay Without
Performance, which has been stimulating rethinking of
corporate governance relationships. |
Administrator |
The Administrator of the Restitution Fund, Kenneth R. Feinberg of The
Feinberg Group, LLP, has expressed an interest in attending the
meeting as an observer. It should be understood that he will be there
to hear your views, and not to make any decisions. |
Date and location |
We expect to schedule an afternoon meeting for a date two or three
weeks from now, at a mid-town Manhattan location. |
Costs |
CA management has been asked to fund the meeting’s expenses,
preliminarily estimated at $50,000, so that the costs will effectively
be borne proportionately by all shareholders, but they have not yet
responded. If they do not accept this responsibility, I will seek
funding from other sources, including contributions to the
planned Forum “Institute.” In any event, there will be no charge
for attendance. |
Please let me know if you have any suggestions to assure the
meeting’s effective attention to your interests in the Restitution Fund.
Indications of the kinds of expertise to seek from panelists will be
especially useful.
GL – 2/10/05
Gary Lutin
Lutin & Company
575 Madison Avenue, 10th Floor
New York, New York 10022
Tel: 212-605-0335
Fax: 212-605-0325
Email: gl@shareholderforum.com
|
|