Blanket Offer for Phoenix-Investors The following offer is open to all those investors who do not have insurance for legal expenses. For those of you who do have insurance for legal expenses we shall firstly attempt to obtain confirmation of cover in order to ensure that you will suffer no cost risk in out of court proceedings as this is what we are initially concerned with, i.e. representing your interests out of court. If confirmation of cover is refused, we shall naturally extend our blanket offer to you. Since this fraud scandal first became public knowledge, we have been approached by numerous investors in Phoenix Kapitaldienst GmbH. We now represent a multitude of vicitims of Phoenix. Our Phoenix Working Group has signed agreements with different financial services institutions. These, which have more than 10.000 investors who belong to the Phoenix-victims, have recommended to their clients to mandate ARGE-Phoenix in order to be represented by ARGE-Phoenix. Basis for this decission was the bundling of the long-term competence of the two law firms cooperating in ARGE-Phoenix . Aim is to stand at eye-level with the specialized law firm White & Case which has been mandated by the EdW. Each victim, who is considering requesting legal representation, should be asking two basic questions: Will I get the best counsel? We have developed the following blanket offer with respect to out of court representation for Phoenix victims: We can offer you a 17 point programme 2. Correspondence with your legal expenses insurer. 3. Communication and cooperation with the Federal Financial Supervisory Authority (BaFin) and the public prosecutor, including requests to inspect the court files 4. Research into the whereabouts of investor funds (we work together with personnel comprising former members of the Federal and State Criminal Police Office and the Federal Office for the Protection of the Constitution). 5. Representation and registration of your claims against the Compensatory Fund of Securities Trading Companies (EdW). 6. Examination and registration of your claims against Phoenix Kapitaldienst GmbH and the insolvency administrator under the respective default terms. 7. Representation in insolvency proceedings, in particular at creditor meetings. 8. Examination and registration of your claims against those liable at Phoenix Kapitaldienst GmbH, under the respective default terms 9. Examination and registration of your claims against both accountants, under the respective default terms. 10. Examination and registration of your claims against the brokerage company Man Financial. 11. Dealing with all written correspondence, coordinating the claimants. 12. Regular information flow concerning the status of proceedings and recent developments in our protected client spectrum. 13. Representation in any potential criminal proceedings as joint plaintiff in selected litigation cases. 14. Leading selected model proceedings against potential parties against whom claims may be asserted. 15. Creation, regular updating/maintenance of the existing Internet homepage (www.arge-phoenix.de) as an entry point for you and all Phoenix-claimants; special information within our closed member spectrum for our clients. 16. Public representation of your interests and those of your co-claimants, in particular through press announcements, press conferences etc. 17. Political lobbying to improve investor protection in Germany, in particular bearing in mind the efficiency of the Compensatory Fund (EdW). We shall charge the following flat fee for these services The fee is determined by your last ”statement of account” for your invested capital, as provided by Phoenix Kapitaldienst GmbH. Up to an invested capital amount of EUR 200,000.00 we calculate
5 percent of the invested capital plus VAT. If our fee exceeds EUR 6,000.00 net, you are given the opportunity to pay this in three x two monthy instalments of EUR 2,000.00 net plus VAT. Explanatory note: It is also relevant as to whether or not the lawyer’s services are required in one case or in seversal (sections 15 cont. RVG). According to law, the more cases involved, the higher the fee. What would this imply for your particiular Phoenix case? This would imply that for each case we accept against each potential party against whom the claims are being asserted, we would be entitled to claim a higher fee. In this partciular case, as you can see from our power of attorney, there are at least eight potential parties against whom the claims are being asserted. Thus, according to the RVG we are representing you in at least eight different cases. If we only took eight different cases as a basis, this would imply that for our out of court fees we would be entitled to claim at least eight commercial fees pursuant to the fee schedule
You can see that our flat rate fee is lower than it would be if we were to charge the statutory fees. Pursuant to section 4 paragraph 2 RVG, we are fully within our rights to charge a flat fee this low. The fee agreement we have put together is the basis of our agreement with you on the 5 percent flat rate fee. This fee is due and payable with immediate effect. If your invested capital exceeds EUR 200,000.00 please contact us. We are confident that we will find a fee agreement, which is mutually convenient to both parties. The advantage of our fee model for you: you know from the start what your financial liability will be. There are no unpleasant surprises. Warning
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