Computing Securities Fraud Litigation Aggregate Damages.
Abstract
In the arena of securities fraud litigation, plaintiffs
are responsible for calculating monetary damages due to
alleged fraudulent behavior of defendants. Typically, a
class period (a period of time ranging from a few months
to a few years) is delineated; its starting point is the
date of first documented fraud, its endpoint is the date
on which the alleged fraud surfaces and investors
respond accordingly, usually driving the defendants'
stock prices to substantially lower values.
In order to estimate the amount of money lost by
investors buying a stock that was allegedly overpriced,
plaintiffs employ models that "simulate" damages,
attempting to broadly recreate securities market
behavior during the class period with respect to the
stock in question. Efficacy of these models is a matter
of constant debate, nonetheless their use proves
exponentially cheaper than acquiring and digesting
actual market data at the individual transaction level.
One such model is the Proportionate Decay Model, which
takes inputs such as date, total shares available for
trading, daily trading volume, stock price, and alleged
true value of the stock price and returns an estimate of
how many shares were affected during the class period
and the resulting aggregate damages on these shares.
Under a contractual agreement with
Berger & Montague, P.C., a Proportionate Decay Model
program has been implemented in the Microsoft Excel
Visual Basic environment. The model provides both
single-trader and double-trader analysis in Excel
spreadsheets containing summaries of the aggregate
damages and graphs of the stock prices and trading
volumes. The capability of the firm to compute aggregate
damages in-house saves money, time, and allows for
instantaneous revisions and recomputations without the
added burden of reformatting the output each time.