In the Matter of Fiat Chrysler Automobiles N.V.
Admin. Proc. File No. 3-20092
Welcome to the Fiat Chrysler Automobiles Fair Fund Website
If you purchased or acquired Fiat Chrysler Automobiles N.V, (“FCA”) common stock, traded on the New York Stock Exchange under the trading symbol FCAU during the period February 2, 2016 through January 11, 2017, inclusive, you may be eligible to recover from the Fiat Chrysler Automobiles Fair Fund. You must submit a completed Proof of Claim Form with the necessary documentation so that it is postmarked or, if not sent by U.S. Mail, received by June 4, 2022 to be eligible to recover from the Fair Fund.
PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. IF YOU TIMELY SUBMIT A CLAIM FORM AND YOU SATISFY THE ELIGIBILITY CRITERIA UNDER THE DISTRIBUTION PLAN APPROVED BY THE COMMISSION, YOU MAY BE ELIGIBLE FOR A DISTRIBUTION PAYMENT FROM THE FIAT CHRYSLER AUTOMOBILES FAIR FUND. THIS NOTICE CONTAINS IMPORTANT INFORMATION REGARDING THE FIAT CHRYSLER AUTOMOBILES FAIR FUND, THE PLAN, AND ELIGIBILITY UNDER THE PLAN.
On September 28, 2020, the Commission issued an Order instituting and simultaneously settling cease-and-desist proceedings against the Respondent. In the Order, the Commission found that the Respondent violated federal securities laws when it made material misstatements in its public filings with the Commission. Specifically, the Commission found that the Respondent made misleading statements in early 2016 concerning an internal inquiry of the emissions control systems in certain of its light-duty diesel vehicles in the wake of the Volkswagen AG “Dieselgate” scandal.
In the Order, the Commission ordered FCA to pay a civil money penalty in the amount of $9,500,000, and established a Fair Fund (the “Fiat Chrysler Automobiles Fair Fund”)., pursuant to Section 308(a) of Sarbanes Oxley Act of 2002, so the penalty paid can be distributed to investors harmed by the Respondent’s conduct described in the Order.
Who is Potentially Eligible for Compensation?
If you purchased FCA common stock during the period February 2, 2016 through January 11, 2017, inclusive; are not an Excluded Party as defined in the Plan; and suffered a loss according to the Plan; you may be eligible for a Distribution Payment from the Fiat Chrysler Automobiles Fair Fund. Distribution Payments will be subject to a $10.00 Minimum Distribution Amount.
Excluded Parties are defined as the Respondent; present or former officers or directors of Respondent and any assigns, creditors, heirs, distributees, spouses, parents, dependent children or controlled entities of any of the foregoing persons or entities; any employee or former employee of the Respondent or any of its affiliates who has been terminated for cause or has otherwise resigned, in connection with the conduct described in the Order; any Person who, as of the Claims Bar Date, has been the subject of criminal charges related to the conduct described in the Order or any related Commission action; any firm, trust, corporation, officer, or other entity in which Respondent has or had a controlling interest; the Fund Administrator, its employees, and those persons assisting the Fund Administrator in its role as Fund Administrator; and, any purchaser or assignee of another Potential Claimant’s right to obtain a recovery from the Fiat Chrysler Automobiles Fair Fund for value; provided, however, that this provision shall not be construed to exclude those Potential Claimants who obtained such a right by gift, inheritance, or devise or operation of law.
How to Make a Claim
You must complete and sign the Claim Form and submit it to Fund Administrator so that it is postmarked or, if not sent by U.S. Mail, received no later than June 4, 2022.
If you do not complete and timely submit a Claim Form, you will not be considered for eligibility to receive a Distribution Payment under the Plan.