In case your interested. I'm not sure it helps determine the total amount of injury losses that will be divided into the payout. I haven't hardly looked into because I had so few shares then, unlike now
"If one held shares during time frame but didn't sell. Or did sell some. Is there a loss in both cases"
The short answer is no—there is typically only a "Recognized Loss" if you held the shares through a specific corrective disclosure drop. If you bought and sold completely before the fraud was exposed, or if you held them but never sold them during a period where a drop occurred, the Plan of Allocation treats them very differently.
Under securities class action law and the specific CytoDyn Plan of Allocation, the two scenarios break down like this:
Scenario 1: Buying and Selling During the Time Frame (In-and-Out Trades)
If you bought shares during the class period (March 27, 2020 – March 30, 2022) but sold them before the end of the class period, you only have a Recognized Loss if your sale occurred after a "Corrective Disclosure."
• The Rule: If you bought at $4.00 and sold at $2.00, you have a physical loss. But for the lawsuit, you only get credited if that drop was caused by the fraud being exposed to the market (like the FDA issuing its public reprimand letter to CytoDyn).
• Before the Disclosure: If you bought at $5.00 and sold at $3.00 before any truth came out, the law assumes that the "artificial inflation" from the company's hype was still in the stock price when you sold. Therefore, the lawsuit treats that as a normal market loss, not a fraud-induced loss, and your Recognized Loss for that trade will be $0.00.
Scenario 2: Holding the Shares Throughout (and Beyond)
If you bought shares during the class period and held them all the way through the end of the class period (past March 30, 2022), you almost certainly have a Recognized Loss.
• The Rule: The calculation for shares held long-term is based on the difference between what you paid for the stock and the 90-Day Lookback Average price right after the class period ended.
• The Calculation: Because the stock price collapsed hard at the tail end of the class period when the SEC/DOJ investigations and FDA letters became public, your purchase price is compared against that crashed lookback average (which was well under $1.00). This creates a massive "Recognized Loss" per share for long-term holders.
Summary Checklist for Claims Payouts
• Bought and Sold on the Same Day: No Recognized Loss (Washed out as day-trading).
• Bought and Sold Before the Truth Came Out: No Recognized Loss (Even if you lost money, the law says the inflation was still there when you sold).
• Bought, Held Through a Major Bad News Drop, then Sold: Yes, Recognized Loss (The fraud exposure directly caused your exit drop).
• Bought and Held All the Way Through the Crash: Maximum Recognized Loss (You took the full, un-buffered brunt of the inflation popping).
The claims administrator uses a specialized software program to run every single line of a participant's trade confirmation history through these strict chronological rules to calculate the final "Recognized Loss" dollar amount".
"If one held shares during time frame but didn't sell. Or did sell some. Is there a loss in both cases"
The short answer is no—there is typically only a "Recognized Loss" if you held the shares through a specific corrective disclosure drop. If you bought and sold completely before the fraud was exposed, or if you held them but never sold them during a period where a drop occurred, the Plan of Allocation treats them very differently.
Under securities class action law and the specific CytoDyn Plan of Allocation, the two scenarios break down like this:
Scenario 1: Buying and Selling During the Time Frame (In-and-Out Trades)
If you bought shares during the class period (March 27, 2020 – March 30, 2022) but sold them before the end of the class period, you only have a Recognized Loss if your sale occurred after a "Corrective Disclosure."
• The Rule: If you bought at $4.00 and sold at $2.00, you have a physical loss. But for the lawsuit, you only get credited if that drop was caused by the fraud being exposed to the market (like the FDA issuing its public reprimand letter to CytoDyn).
• Before the Disclosure: If you bought at $5.00 and sold at $3.00 before any truth came out, the law assumes that the "artificial inflation" from the company's hype was still in the stock price when you sold. Therefore, the lawsuit treats that as a normal market loss, not a fraud-induced loss, and your Recognized Loss for that trade will be $0.00.
Scenario 2: Holding the Shares Throughout (and Beyond)
If you bought shares during the class period and held them all the way through the end of the class period (past March 30, 2022), you almost certainly have a Recognized Loss.
• The Rule: The calculation for shares held long-term is based on the difference between what you paid for the stock and the 90-Day Lookback Average price right after the class period ended.
• The Calculation: Because the stock price collapsed hard at the tail end of the class period when the SEC/DOJ investigations and FDA letters became public, your purchase price is compared against that crashed lookback average (which was well under $1.00). This creates a massive "Recognized Loss" per share for long-term holders.
Summary Checklist for Claims Payouts
• Bought and Sold on the Same Day: No Recognized Loss (Washed out as day-trading).
• Bought and Sold Before the Truth Came Out: No Recognized Loss (Even if you lost money, the law says the inflation was still there when you sold).
• Bought, Held Through a Major Bad News Drop, then Sold: Yes, Recognized Loss (The fraud exposure directly caused your exit drop).
• Bought and Held All the Way Through the Crash: Maximum Recognized Loss (You took the full, un-buffered brunt of the inflation popping).
The claims administrator uses a specialized software program to run every single line of a participant's trade confirmation history through these strict chronological rules to calculate the final "Recognized Loss" dollar amount".
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