How to Complete and File a 
De Beers Class Action Claim

The De Beers class action lawsuit has been settled and claims may now be made against the settlement fund. The deadline for submitting a claim is MAY 19, 2008.

Click here for Frequently Asked Questions

CLAIM FORMS:
Indirect Purchaser/Reseller Claim Form
Direct Purchaser Claim Form

When completed, claim forms should be sent, registered mail as outlined below to:
  INDIRECT CLAIMS FORM
  Diamond Claims Administrator
  PO Box 9432
  Minneapolis, MN  55440-9432 		                           DIRECT CLAIMS FORM
  Direct Purchaser Diamonds Claims Administrator 
  PO Box 24761
  West Palm Beach, FL  33416 

Read further to find information on:
1. The De Beers class action lawsuit and settlement
2. Eligibility to file/submit a claim
3. How to submit a claim for settlement proceeds
4. The calculation process for claims
5. What to expect after you file the claim.

1. The De Beers Class Action Lawsuit and Settlement

There are three distinct groups of gem diamond buyers that  are represented in the action and who are eligible to make a claim. The groups are: Direct Purchasers, Indirect Purchasers/Resellers, and Consumers.

CLAIMS CAN BE MADE FOR GEM QUALITY DIAMONDS ONLY!

A $295 million settlement fund from which claims will be paid has been created. This fund will be divided as follows:

  • The Direct Purchaser fund is approximately $22.5 million
  • The Indirect Purchaser/Reseller fund is approximately $137 million, an
  • The Consumer group is approximately $135 million.

Before any claimant is paid, the attorneys for the named plaintiffs will be paid from the fund and the administrator for claims processing will be paid. This will reduce the fund substantially. 

2. Eligibility to File/Submit a Claim

To be eligible for proceeds from the settlement fund you, or your company, must fall into one of three groups.

A. INDIRECT PURCHASER/RESELLER CRITERIA (includes diamond jewelry manufacturers and retail jewelry stores):
     Click here for the Indirect Purchaser/Reseller Claim Form.

  • You are a person or business resident in the United States, and you purchased gem diamonds or diamond jewelry for delivery in the US and for resale in the US from someone other than De Beers, an affiliate of De Beers, or one of its mining competitors and
  • The purchase was made between January 1, 1994 and March 31, 2006.
B. DIRECT PURCHASER CRITERIA:

For purposes of this settlement,
De Beers competitors include Alrosa, Rio Tinto, BHP Billiton and Argyle.


    Click here for the Direct Purchaser Claim Form
  • You are located in the United States and you are not a De Beers sightholder,
  • Between September 20, 1997 and March 31, 2006, you purchased any gem diamond directly from De Beers, an affiliate of De Beers, or one of De Beers' diamond mining competitors, for delivery in the United States.  
C. CONSUMER CRITERIA:

JVC provides guidance and claim forms for direct and indirect purchasers/resellers only.

  • You are a person or business resident in the United States 
  • You purchased gem diamonds or diamond jewelry in the US, for delivery in the US from someone other than De Beers, an affiliate of De Beers, or one of its mining competitors
  • The purchase was made between January 1, 1994, and March 31, 2006
  • You purchased the diamonds or diamond jewelry for your own use or as a gift, but not for resale.

3. How to Submit a Claim for Settlement Proceeds

There are different claim forms for each separate class.  The form you should use depends on the settlement group to which you belong – either the direct purchasers or indirect purchasers/reseller classes.

Note: You may be a member of more than one class, and therefore are permitted to file more than one claim form.

Carefully read and follow the instructions on the claim form. This is a summary of what you will need to do in order to qualify for a payment.

 

A. INDIRECT PURCHASER/RESELLER

Click here for the Indirect Purchaser/Reseller Claim Form.

(Purchases in the US of rough, polished or diamond jewelry from 1/1/94-3/31/06 for resale in the US)

The Claim Form
You will be filing only one claim for all your affiliated companies. 

You may also obtain a form by calling 1-800-760-5431 or by writing to the Claim Administrator at:
  Diamond Claims Administrator
  PO Box 9432
  Minneapolis, MN  55440-9432

The Claim Details
You may file a claim  for any two years during the class period, which runs from January 1, 1994 through March 31, 2006. These can be either calendar or fiscal years, as long the fiscal years you choose end before March 31, 2006. The two years do not have to be consecutive. You may choose your most productive two years during the period covered by the lawsuit. The claim form is divided so that you will be making separate entries for Year 1 and Year 2.

YOU MAY NOT INCLUDE DIAMONDS YOU RECEIVED ON MEMO OR CONSIGNMENT- INCLUDE ONLY THOSE GEM DIAMONDS FOR WHICH YOU HAVE TAKEN TITLE.
Calculate the aggregate dollar amount of diamond purchases you made, at the wholesale cost, during each selected year. You will need to do these calculations by category of purchase. Categories are:

  1. Rough diamonds
  2. Polished diamonds
  3. Jewelry containing diamonds and other gemstones
  4. Jewelry containing only diamonds
  5. Diamond decorated watches
  6. Other diamond decorated purchases.

For some of the categories, such as diamond jewelry, you will need to break down the aggregate cost by price ranges of the pieces you purchased. The claim form is clear as to when this sort of calculation is required.

    Substantiation
    Attach summary documentation to support your claim. This can be a worksheet which lists your purchases by vendor, or a computer printout of your purchases. You can prepare this worksheet or printout yourself. This summary documentation should not include original records supporting your claim, such as invoices, purchase orders, or cancelled checks. Collect those types of supporting records (invoices, purchase orders, or cancelled checks), but do not send them with the claim form. Just send the summary documentation. 

    Filing the Claim
    Send your completed claim form via registered mail no later than May 19, 2008 to: 
          Diamond Claims Administrator 
      P.O. Box 9432
      Minneapolis, MN  55440-9432

    The claim must be postmarked by May 19, 2008 to ensure your claim will be considered for payment.

    You will be asked to sign a release form which means that by filing a claim, you are giving up your rights to file any law suit against the defendants for the actions alleged in the law suit.  This release is part of  the claim form and must be signed in order for you to receive payment.

    B.  DIRECT PURCHASER

    Click here for the Direct Purchaser Claim Form

    (Purchases by non–sight holders of rough or polished diamonds directly from De Beers, an affiliate of De Beers, or one of De Beers diamond mining competitors from 9/20/97 – 3/31/06)

    The Claim Form
    You will be filing only one claim for all your companies.     

    You may also obtain a form by calling
    1-800-760-5431 or by writing the Claims Administrator at: 
       Direct Purchaser Diamonds Claims 
           Administrator 
       PO Box 24761
       West Palm Beach, FL  33416

    The Claim Details
    You may file a claim  for all purchases of gem quality rough diamonds for delivery in the US from De Beers, De Beers affiliate companies or De Beers mining competitors from September 20, 1997 to March 31, 2006.

    YOU MAY NOT INCLUDE DIAMONDS YOU RECEIVED ON MEMO OR CONSIGNMENT- INCLUDE ONLY THOSE GEM DIAMONDS FOR WHICH YOU HAVE TAKEN TITLE.

    This information must be placed on the form.  The information required is:

    1. The date purchased
    2. The amount paid
    3. The total carats 
    4. The name of the supplier. 

    Substantiation
    Describe the documents that you have to substantiate your claim.  Do not provide these documents with your claim.  You may be requested to submit the documents at a later time.

    Filing the Claim
    Send your completed claim form via registered mail, no later than May 19, 2008 to:     
          Direct Purchaser Diamonds Claims
             Administrator 
      PO Box 24761
      West Palm Beach, FL  33416

    Your claim must be post marked no later than May 19, 2008 to have your claim considered for payment.

    You will be asked to sign a release form which means that by filing a claim, you are giving up your rights to file any law suit against the defendants for the actions alleged in the law suit.  This release is part of of the claim form and must be signed in order for you to receive payment. 

    		 

    4. The Calculation Process for Claims

    Calculation of claims: Direct Purchasers and Indirect Purchasers/Resellers

    Your share of the Settlement Fund will be paid on a pro-rata basis from the funds available. This means that your recovery will be based on several criteria, including the quantity, purchase price, and type of diamonds that you bought and the number of people and companies that file valid claims. Your claim will also be reduced if you were not in business during the entire period covered under the lawsuit.

    Claimants whose total payment would be $25 or less will not be issued a check. The calculation formula for dividing the settlement funds differs from group to group.

    5. What to Expect After You File A Claim

    Expect to wait. Payments will be mailed to class members only after all of the claims are processed and the Court has granted final approval of the settlement. Distribution of the settlement proceeds is not expected until the end of 2008 or the first half of 2009.

    For More Information Visit www.diamondsclassaction.com

     
     
    Jewelers Vigilance Committee
    Does Not Provide Any Form Of Legal Advice.
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