The Court in charge of the Action is the United States District Court for the Central District of California, and the case is known as In re Silver Wheaton Corp. Securities Litigation, Case No. 15-cv-5146-CAS-PJWx. The Action involves whether Defendants violated the federal securities laws because they allegedly made false and misleading statements to the investing public as set out in the Complaint, including allegations that Silver Wheaton’s 2010-2014 financial statements were misleading for failing to record a tax liability or to disclose a contingent liability for alleged future tax liabilities relating to income earned by the Company’s foreign subsidiaries outside of Canada. Defendants expressly deny all allegations of wrongdoing or liability whatsoever and deny that any Settlement Class Members were damaged. The Settlement resolves all of the claims in the Class Action against Defendants.
To be a Settlement Class Member, you must have purchased publicly traded Silver Wheaton securities: (i) on a U.S. exchange, or (ii) in a transaction in the United States, during the period from March 30, 2011 to July 6, 2015, inclusive, and not sold such securities prior to July 6, 2015.
The proposed Settlement calls for the creation of a Settlement Fund in the amount of $41,500,000. The Settlement is subject to Court approval. Also, subject to the Court’s approval, a portion of the Settlement Fund will be used to pay Plaintiffs’ Counsel’s attorneys’ fees and reasonable litigation expenses and any award to Plaintiffs for reimbursement of reasonable costs and expenses (including lost wages) directly relating to their representation of the Settlement Class. A portion of the Settlement Fund also will be used to pay taxes due on interest earned by the Settlement Fund, if necessary, and any notice and claims administration expenses permitted by the Court. After the foregoing deductions from the Settlement Fund have been made, the amount remaining (the “Net Settlement Fund”) will be distributed to Settlement Class Members who submit valid claims.
To qualify for a payment, you should fill out a form online on this website. Read the instructions carefully, fill out the form, and sign it in the location indicated by 11:59 p.m. on June 13, 2020. If you are unable to fill out a form online, please print the form entitled “Proof of Claim and Release Form” available on the Case Website, fill it out, and mail it to the address below postmarked not later than June 13, 2020 to: Silver Wheaton Corp. Litigation, c/o Strategic Claims Services, 600 N. Jackson Street Suite 205, Media, PA 19063.
The Court will hold a Final Settlement Hearing on August 3, 2020 at 10:00 a.m., at the United States District Court, Central District of California, First Street Courthouse, 350 W. First Street, Courtroom 8D, 8th Floor, Los Angeles, CA 90012.
You can obtain a claim form via the following methods. File a claim online on this website by clicking the file a claim online link. Or, download a claim form from this website by clicking the link for the claim form on the Important Documents page. Or, call 866-410-3013 and speak with a representative or leave a message stating you would like a claim form for the Silver Wheaton settlement.
There are two different options when filling out the online claim form, you can either (a) manually enter all transaction information; or if you have over 25 transactions you can, (b) upload a CSV file containing your transaction information.
Please note that with both options below; dividend reinvestments should be listed as purchases.
Option A: I WOULD LIKE TO ENTER MY TRANSACTION INFORMATION USING THE ONLINE CLAIM FORM
This option will allow you to enter all your transactions directly into the form and your data will be formatted for processing. The form will also assist you in making sure your beginning holdings, purchases/acquisitions, sales, and ending holdings all balance, which will assist the administrator in processing your claim.
Option B: I HAVE MORE THAN 25 TRANSACTIONS AND I WOULD LIKE TO UPLOAD MY TRANSACTION INFORMATION AS A CSV FILE
If you have a large number of transactions (greater than 25) and you can obtain your transaction information from your financial institution in CSV (comma separated values) format, you can upload it directly to us. You will still need to provide your documentation as proof at a later step in the process.
The CSV should include your beginning holdings, purchases/acquisitions, sales and ending holdings information. The purchases/acquisitions and sales transactions should include the trade date, number of shares, price per share and total amount/cost (excluding commissions, taxes and fees).
If you have online access to your brokerage account; in order to obtain this data you will need to log into your financial institution website and look for the option to export your transaction data for Silver Wheaton common stock between the dates of March 29, 2011 and July 6, 2015. If you need assistance acquiring this data, you should contact your financial institution directly. Our office will unable to assist you in getting this information as we do not have any access to your account information or your financial institution.
If the file from your broker opens as a spreadsheet but is not a CSV file, you will need to open the file in your spreadsheet editor (ie. Microsoft Excel) and “Save As” a .csv (referred to as command delimited or comma separated values) file.
If you have your transaction data in another format and would like to create your own CSV formatted file, below is the information required to create that file:
The header row of the file should be:
(All numerical data should NOT contain commas; ie. 1,000 should be entered as 1000)
Here are the definitions for each of the columns:
TYPE = BH beginning holdings, P for purchases, S for sales, and EH for ending holdings.
DATE = The trade date of the transaction, this can be left blank for the types BH and EH
SHARES = The number of shares held, purchased or sold
PRICE = The price per share, this can be left blank for types BH and EH
COST = The total cost (excluding commissions, taxes, and fees), this can be left blank for the types BH and EH