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Adelphia Victim Fund("AVF")
Frequently Asked Questions
1.  Why did I receive a petition packet in the mail?
2.  What is the deadline for filing a petition?
3.  Am I eligible to submit a petition?
4.  Is anyone barred from participating in the AVF?
5.  What are "Adelphia Eligible Securities"?
6.  Convertible Subordinated Notes. What restrictions apply to Convertible Subordinated Notes?
7.  How do I file a petition?
8.  What if I cannot provide supporting documentation, such as account statements or trade confirmations?
9.  Why do I need to list brokerage accounts where I held Eligible Securities?
10. What additional information is necessary for deceased petitioners?
11. How should I file for my multiple accounts?
12. Reimbursements / Hedging Securities / Other Claims
13. What if I have numerous transactions for Adelphia?
14. Is this a class action settlement?
15. Does the SEC also have a fund for victims of the Adelphia fraud?
16. If I file a petition, do I give up any rights?
17. Will I receive a recovery from the AVF, and in what amount?
18. If I need help in preparing my petition or have other questions, who can I contact?
19. Can I fax or e-mail my Proof of Petition Form?
20. Can I overnight my Petition Form?
21. Do I need to compute my monetary loss?
22. When will I receive notification about my filed petition?
 

1. Why did I receive a petition packet in the mail?

The AVF has attempted to notify by mail all holders of Adelphia Eligible Securities on March 26, 2002. If you received a petition packet in the mail, records we have reviewed indicate you may have held Adelphia Eligible Securities on that date.


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2. What is the deadline for filing a petition?

Petition Forms must be received by the AVF on or before September 30, 2008. The original deadline of July 16, 2008 was extended to September 30, 2008.


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3. Am I eligible to submit a petition?

If you owned Adelphia Eligible Securities, as defined below, as of the close of markets on March 26, 2002, you are eligible to submit a petition for recovery of losses you incurred as a result of the Adelphia fraud.


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4. Is anyone barred from participating in the AVF?

  1. any person who knowingly contributed to, participated in, benefited from or acted in a willfully blind manner toward the Adelphia Securities Fraud;
  2. any person or entity identified as a member of the Rigas Family in the United States Attorney for the Southern District of New York ("USAO")-Rigas Agreement, including the entities listed in Appendix"A"to this Petition Form;
  3. any person identified by the USAO or the SEC as having any responsibility for the Adelphia Securities Fraud;
  4. any person who was an officer or director of Adelphia at any time during the Fraud Period;
  5. any family member or close associate of any of the foregoing persons;
  6. any defendant in any class action lawsuit based upon the Adelphia Securities Fraud, provided that such entity shall only be excluded from asserting a petition for its own account, and is not barred from asserting a petition in a representative capacity for an otherwise Eligible Petitioner;
  7. any person who assigned his/her rights to obtain a recovery in connection with his/her Eligible Securities; and
  8. any person who asserts a right to obtain a recovery from the AVF as assignee of another person.
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5. What are "Adelphia Eligible Securities"?

 

Common Stock

 
     

CUSIP

Security Code

Adelphia Common Stock

 

006848105

S01


Preferred Stock




Dividend

CUSIP

Security Code

Series B Preferred Stock


13.00%

006848303

P01

Series D Preferred Stock


5.50%

006848402

P02

Series E Preferred Stock


7.50%

006848501

P03

Series F Preferred Stock


7.50%

006848600

P04


Debt Securities



Interest Rate

Maturity Date

CUSIP

Security Code

Adelphia Senior Note

9.875%

3/1/2005

006848AF2

D01

Adelphia Senior Note

9.500%

2/15/2004

006848AK1

D02

Adelphia Senior Note

9.875%

3/1/2007

006848AP0

D03

Adelphia Senior Note

10.500%

7/15/2004

006848AR6

D04

Adelphia Senior Note

9.250%

10/1/2002

006848AS4

D05

Adelphia Senior Note

8.375%

2/1/2008

006848AU9

D06

Adelphia Senior Note

8.125%

7/15/2003

006848AW5

D07

Adelphia Senior Note

8.375%

2/1/2008

006848AT2

D08

Adelphia Senior Note

7.500%

1/15/2004

006848AZ8

D09

Adelphia Senior Note

7.750%

1/15/2009

006848BC8

D10

Adelphia Senior Note

7.875%

5/1/2009

006848BD6

D11

Adelphia Senior Note

9.375%

11/15/2009

006848BE4

D12

Adelphia Senior Note

10.875%

10/1/2010

006848BF1

D13

Adelphia Senior Note

10.250%

6/15/2011

006848BJ3

D14

Adelphia Senior Note

10.250%

11/1/2006

006848BK0

D15

Convertible Subordinated Note

3.250%

5/1/2021

006848BH7

C01

Convertible Subordinated Note

6.000%

2/15/2006

006848BG9

C02

Fill out page 5 of the petition form for EACH security – if you held more than one type of Adelphia security, you should make copies of the worksheet on page 5 BEFORE you begin.


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6. Convertible Subordinated Notes. What restrictions apply to Convertible Subordinated Notes?

In order to be eligible for a distribution from the AVF, you will be required to provide documentation satisfactory to the Ruling Official that you will be entitled to retain any distribution you receive and will not be obligated to pay over any such distribution to holders of Senior Notes. Such documentation would include releases from the trustees of each series of Senior Notes or a final and unappealable declaratory judgment from a court of competent jurisdiction declaring that holders of Convertible Subordinated Notes are entitled to retain any distribution they might receive from AVF and will not be obligated to pay it over to holders of Senior Notes.


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7. How do I file a petition?

Complete a Petition form and submit it with the required supporting documentation. Please make sure that you sign the Certification and Release before mailing the Petition form, and then send it to the AVF at the address shown under question # 18.


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8. What if I cannot provide supporting documentation, such as account statements or trade confirmations?

Many people don’t keep their brokerage statements from years ago. If you don’t have brokerage account statements showing your purchases and sales of Adelphia securities, or establishing that you held them on March 26, 2002, and June 12, 2002 for common stock and preferred stock or February 13, 2007 for debt securities, please contact your broker promptly and request that copies of the statements be sent to you. The statements must show your Broker’s Name, the Petitioner Name and the broker account number (may not be hand-written). If your broker is unable to provide statements, you may submit a letter from your broker on brokerage firm letterhead confirming the information in your petition, and provide contact information for the broker (including e-mail address and phone number) so that we can contact the broker and verify the information supplied.


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9. Why do I need to list brokerage accounts where I held Eligible Securities?

The brokerage account information you provide in the Petition form is required for Petition verification purposes. It is not necessary to list all brokerage accounts in which you at any time held eligible securities—list only those accounts in which you held eligible securities on March 26, 2002 (or February 13, 2007 for debt securities). We request current brokerage information for any IRA/401k accounts to prevent checks being made out to incorrect or closed broker accounts.


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10. What additional information is necessary for deceased petitioners?

Executors, Trustees and Administrators should file a Petition in the name of the beneficial owner and sign their name and provide their title on the signature page. Please include a certified copy of the death certificate (do not send original) and proof you are the rightful beneficiary or authorized representative of the estate or trust.


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11. How should I file for my multiple accounts?

Co-Beneficial Owners / Joint Claimants: If securities were held jointly in two or more names, all names must be shown, joint account holders should file one Petition Form and both parties should sign the certification and release page. The name on the accounts which held the eligible securities must match exactly the petitioner name(s) on the petition form.

You may not combine accounts owned by different persons (including jointly held accounts) on the same petition form. If some securities were held in one name (e.g. Fred Jones) and some in joint names (e.g. Fred and Susan Jones, JT), you must file a separate Petition Form for each account. You should download a new petition form for each different account type. If you need additional forms you may request them from AVF.

Custodial Accounts: Uniform Gifts to Minors Act ("UGMA") Custodians should identify themselves as follows: Fred Jones, Custodian for Frank Jones UGMA. A claimant whose securities were held in a custodial account under the UGMA may file in his/her own name, if he/she is now of age. In this event, the former custodian does not have to sign the Petition Form. Please be sure to provide the minor’s taxpayer identification number in the Petitioner Information section.


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12. Reimbursements / Hedging Securities / Other Claims

You need to complete section IV on pages 6-7 if you sold any puts, calls, options or other hedging securities that were open as of the close of markets on March 26, 2002.

If you received a recovery in the Adelphia bankruptcy plan or other recovery of any or all of the losses you incurred on your Adelphia Eligible Securities, you need to complete section V on page 7 of the petition form.

If you filed a claim in the Adelphia class action settlement being administered by Valley Forge Administrative Services, you need to complete section VI on page 8 of the Petition Form.


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13. What if I have numerous transactions for Adelphia?

If you have over 50 transactions in Eligible Securities or over 50 Petitions to file please contact AVF at (866) 446-4884 to discuss alternative filing methods.


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14. Is this a class action settlement?

No. There are two separate funds for defrauded Adelphia investors: (1) the U.S. Department of Justice fund called the Adelphia Victim Fund, and (2) the class action settlement being administered by Valley Forge Administrative Services. You may file a Petition with AVF even if you have previously filed a claim in the class action case; however, you must submit a separate Petition including documentation to AVF – i.e., a claim filed with Valley Forge will not be eligible for consideration by AVF.


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15. Does the SEC also have a fund for victims of the Adelphia fraud?

The Securities and Exchange Commission has obtained additional funds in civil enforcement actions it brought in connection with the Adelphia securities fraud, SEC v. Adelphia Communications Corp. et al., 02 CV 5776 (PKC) (USDC SDNY). Those funds are subject to the jurisdiction of the Federal District Court presiding over the SEC’s enforcement actions. The SEC intends to seek permission from the Federal District Court to distribute those funds to victims of the fraud. To be considered for a distribution from the SEC fund, you do not need to do anything at this time other than petition DOJ for a distribution as set forth in this letter and the accompanying documents. Further notice will be made by the SEC if any other or additional steps will be required to be considered for a distribution from the SEC fund. 


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16. If I file a petition, do I give up any rights?

You will be required to provide two releases. Petitioners will release the Rigas Family for liability that might arise from the Adelphia Securities Fraud. Petitioners will also release all parties involved in the administration and distribution of the AVF.


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17. Will I receive a recovery from the AVF, and in what amount?

It is not possible to determine at this time whether you will receive a payment from the AVF, or if so, the amount of the payment. First, the AVF is comprised of funds that were obtained as a result of criminal forfeiture proceedings brought by the United States Attorney’s Office for the Southern District of New York in connection with the investigation and prosecution of the Adelphia securities fraud. Under federal law, the Attorney General may use forfeited property to provide partial compensation those who suffered a financial loss as a direct result of the crime that gave rise to the forfeiture. This process is governed by federal regulations, set forth in Part 9 of Article 28 of the Code of Federal Regulations [HYPERLINK]. Those regulations spell out who is a qualified victim, and under what circumstances such a victim can recover. The decision as to which victims receive funds and in what amounts is within the sole discretion of the U.S. Department of Justice. There are no guarantees that every victim will receive reimbursement or that each victim will receive a full recovery. Moreover,

we will not know the total value of eligible claims submitted to the AVF until all of the Petitions have been processed, verified and ruled upon by the Department of Justice.


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18. If I need help in preparing my petition or have other questions, who can I contact?

You can contact AVF for assistance or information in any of the following ways:

a. Call our toll-free number (866) 446-4884 (Monday-Friday, 8:30AM – 5:00PM ET) or

b. Visit our website at www.adelphiafund.com or

c. Write to: Adelphia Victim Fund

P.O. Box 6977

Syracuse, NY 13217-6977


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19. Can I fax or e-mail my Proof of Petition Form?

No, you may not fax or e-mail your completed Petition Form.


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20. Can I overnight my Petition Form?

We prefer that you send all mail to the P.O. Box address. If you wish to file by overnight mail the street address is:

Adelphia Victim Fund

5000 Brittonfield Pkwy-Ste 900

East Syracuse, NY 13057


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21. Do I need to compute my monetary loss?

No. AVF will do that for you.


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22. When will I receive notification about my filed petition?

AVF will send a postcard confirming receipt of your Petition within 30 days after receipt. If you do not receive a confirmation postcard within 35 days of mailing your Petition Form, please call us at (866) 446-4884. Please note that your Petition is not deemed filed until you receive a confirmation postcard. This postcard only confirms receipt; it does not mean that your Petition is complete or approved. You will receive correspondence regarding the status of your Petition after it has been reviewed.


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