PROOF OF CLAIM AND RELEASE
1. If you transacted in Precious Metals Futures or Options on Precious Metals Futures on the Commodity
Exchange Inc. (“COMEX”) or New York Mercantile Exchange (“NYMEX”) from January 1, 2008 through July 31, 2016
(the “Class Period”), you may be eligible to receive a payment from the $6.6 million settlement reached between
Class Plaintiffs and Defendants Bank of Nova Scotia in In re Bank of Nova Scotia Spoofing Litigation, No.
3:20-cv-11059 (MAS) (RLS).
2. “Precious Metals Futures” means COMEX Gold Futures contract(s), COMEX Silver Futures contract(s), NYMEX Platinum Futures contract(s), or NYMEX Palladium Futures contract(s), and “Options on Precious Metals Futures” means any option on Precious Metals Futures..
3. Unless otherwise defined herein, all capitalized terms contained in this Proof of Claim and Release (“Claim Form”) have the same meaning as in the accompanying Notice of Proposed Class Action Settlement (“Notice”) and the Stipulation and Agreement of Settlement between Class Plaintiffs and Bank of Nova Scotia, which are available at www.bankofnovascotiaspoofingsettlement.com (the “Settlement Website”).
4. It is important that you read the Notice that accompanies this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read the Notice, including the terms of the Release and Covenant Not to Sue described in the Notice under the heading “What Am I Giving Up to Receive a Payment?” and provided for in the Settlement Agreement.
5. To be eligible to receive a payment from the Net Settlement Fund, you must submit a timely and valid Claim Form along with the required data and/or information described in Parts II through IV below. To be considered timely, your Claim Form must be submitted online at www.bankofnovascotiaspoofingsettlement.com by 11:59 p.m. Eastern Time on December 6, 2023 OR postmarked and mailed to the Settlement Administrator no later than December 6, 2023. If you are unable to submit the required data as described below at Parts II through IV, you should call the Settlement Administrator for further instructions.
6. As described in Part III below, you are required to submit additional information about your transactions in Precious Metals Futures or Options on Precious Metals Futures as part of your Claim Form to be submitted to the Settlement Administrator.
7. Your payment amount will be determined based on the Settlement Administrator’s review of your Claim Form and calculated pursuant to the Distribution Plan that the Court approves. Submission of a Claim Form does not guarantee that you will receive a payment from the Settlement. For more information, please refer to the Notice and Distribution Plan available at the Settlement Website.
8. Separate Claim Forms should be submitted for each separate legal entity. Conversely, a single Claim Form should be submitted on behalf of only one legal entity.
9. If you have questions about submitting a Claim Form or need additional copies of the Claim Form or the Notice, you may contact the Settlement Administrator.
Claimants must electronically submit their Claim Forms online at www.bankofnovascotiaspoofingsettlement.com by 11:59 p.m. Eastern Time on December 6, 2023 OR postmark and mail the Claim Forms to the Settlement Administrator at Bank of Nova Scotia Spoofing Settlement, P.O. Box 173093, Milwaukee, WI 53217 no later than December 6, 2023. Claim Forms must be submitted in the format specified in this Claim Form or posted by the Settlement Administrator on the Settlement Website.
Along with your Claim Form, you are required to submit the details of your transactions in Precious Metals Futures.. In addition, please provide any of the following types of supporting documentation that verifies the transaction information you provide:
a. Transaction data from your bank, broker, or internal trade system;
b. Bank confirmations by individual trade;
c. Bank transaction reports or statements;
d. Trading venue transaction reports or statements;
e. Prime broker reports or statements;
f. Custodian reports or statements;
g. Daily or monthly account statements or position reports;
h. Email confirmations from counterparty evidencing transactions;
i. Bloomberg confirmations or communications evidencing transactions; and/or
j. Other documents evidencing transactions in Precious Metals Futures or Options on Precious Metals Futures during the Class Period.
Please keep all data and documentation related to your eligible Precious Metals Futures or Options on Precious Metals Futures transactions. Having data and documentation may be important to substantiating your Claim Form.