Company: | Direxion Energy Bear 3X Shares Fund |
Ticker Symbol: | ERY |
Class Period: | Nov-5-08 to Apr-9-09 |
Date Filed: | Feb-17-10 |
Lead Plaintiff Deadline: | Apr-18-10 |
Court: | Southern District of New York |
Allegations: |
The class action lawsuit was filed on behalf of investors in the Direxion ERY Fund who suffered investment losses. The complaint alleges the Defendants violated the Securities Act by failing to disclose that the ERY Fund is altogether defective as a directional investment play. The ERY Fund seeks investment results that correspond to three times the inverse (-300%) daily performance of the Russell 1000 Energy Index ("Russell Energy Index"), which fell approximately 11% from November 5, 2008 through April 9, 2009, ostensibly creating a profit to investors who anticipated a decline in the U.S. energy market. However, the Energy Bear Fund actually fell approximately 54% during this period.
If you purchased or otherwise acquired shares in the ERY Fund during the period November 5, 2008 through April 9, 2009 (the "Class Period") and either lost in excess of $200,000, or still hold the shares, you may wish to join in the action to serve as Lead Plaintiff. In order to do so, you must meet certain requirements set forth in the applicable law and file appropriate papers no later than March 15, 2010.
If you acquired the securities of the defendants during the Class Period you may, no later than the Lead Plaintiff Deadline shown above, request that the Court appoint you as lead plaintiff through counsel of your choice. You may also choose to remain an absent class member. A lead plaintiff must meet certain requirements.