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This page provides the answers to class members' most frequently asked questions. The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice of Proposed Settlement of Class Action and Proof of Claim and Release Form.

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Am I being sued?
What is this litigation about?
What is a Class Action?
Why is there a settlement?
How do I know if I am part of the Settlement?
How many people are there in this class action?
Do I have to pay anything?
What should I do?
What type of supporting documentation is acceptable?
How much will I get?
Should I get my own lawyer?
What is the Settlement Fairness Hearing?
Do I have to attend the Settlement Hearing?
Where can I get more information?

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Top Q: Am I being sued?
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A:

No, you are not.
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Top Q: What is this litigation about?
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A:

This is a class action filed beginning on December 6, 1999 against EVCI and certain individuals, on behalf of a class which is defined in the class notice. The litigation alleges that the Defendants issued false statements and omitted material facts regarding EVCI's financial condition during the class period (August 14, 2003 through December 6, 2005, inclusive) — which had the effect of artificially inflating EVCI’s stock price. For additional details about the litigation, including details about the settlement, please refer to the class notice.

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Top Q: What is a Class Action?
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A:

In a class action, one or more people called class representatives (in this case the lead plaintiff is Arkansas Teacher Retirement System) sue on behalf of people who have similar claims. All these people are a class or class members. EVCI, Arol I. Buntzman, John J McGrath, and Richard Goldenberg, which are being sued, are the defendants. The court will resolve the common issues for everyone in the class. The lawyers representing the class are called "Class Counsel."
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Top Q: Why is there a settlement?
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A:

The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the risks and cost of a trial, and the people affected will receive compensation now. The Class Representative and the attorneys think the settlement is best for all Class Members.
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Top Q: How do I know if I am part of the Settlement?
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A:

The Class includes: (a) all persons who purchased EVCI common stock between August 14, 2003 through and including December 6, 2005 and who were damaged thereby, including, but not limited to, shares purchased on the NASDAQ under the ticker symbol "EVCI".

You are not a Class Member if you are one of the Defendants, EVCI, Arol I. Buntzman, John J. McGrath, and Richard Goldenberg; are a member of the immediate family of one of the Defendants; are an entity in which any Defendant has a controlling interest or are a parent or subsidiary of, or are controlled by, EVCI; or are all the officer, director, affiliate, legal representative, heir, predecessor, successor or assign of any of the Defendants.

Also excluded from the Class are any prospective Class Members who exclude themselves by filing a request for exclusion in accordance with the requirements set forth in the Notice.

If one of your mutual funds purchased or owns EVCI common stock, that alone does not make you a Class Member. You are a Class Member only if you directly purchased or otherwise acquired shares of EVCI common stock during the Class Period. Contact your broker to see if you purchased EVCI common stock during that period.

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Top Q: How many people are there in this class action?
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A:

Class counsel believes that thousands of people are members of the class.
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Top Q: Do I have to pay anything?
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  A: No, you do not have to pay anything.
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Top Q: What should I do?
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A:

We cannot offer any advice as to what you should do. That said, you have four options:

First, to qualify for a payment, you must submit a valid Proof of Claim Form. A Proof of Claim form is being circulated with the Settlement Notice. You may also request a Proof of Claim form by calling 888-822-9522, pressing the "star" key, and choosing option 2. Read the instructions carefully, fill out the form, include all the documents the form asks for, sign it, and mail it postmarked no later than August 29, 2007.

Second, you can exclude yourself from the EVCI settlement. Pursuant to the Notice, Class Members are allowed to request exclusion in writing, postmarked on or before July 13, 2007. Persons who exclude themselves will NOT receive any share of the EVCI settlement proceeds and will not be bound by the settlement. Detailed directions on how to exclude yourself from the Settlement begin on page 11 of the Notice.

Third, you may object and write to the court about why you do not agree with the settlement or some part of it. Persons who exclude themselves from the class are not affected by the settlement and may not object to the settlement. Detailed directions on how to object to the settlement — and to make an appearance at the Settlement Fairness Hearing — begin on page 11 of the Notice.

Lastly, you can do nothing. If you do nothing, you will receive no part of this settlement. You will, however, remain a member of the settlement class and will otherwise be bound by the terms of the settlement. You must submit a Proof of Claim form in order to share in the net settlement funds.

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Top Q: What type of supporting documentation is acceptable?
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  A:

Examples of acceptable supporting documentation are:

  1. A broker trade confirmation slip that lists the security name, name of the beneficial owner, type of transaction, the date of the transaction, the # of shares, the price per share, and the total amount of the transaction.

  2. Monthly stockbroker statements reflecting your opening and closing balances for the months specified on the claim form and all transaction activity within the class period.

  3. A signed statement from your broker on broker letterhead giving all detailed information found on a broker confirmation slip.

Do not send any stock certificates.

If any such documents are not in your possession, please obtain a copy or equivalent documents from your broker or tax advisor because those documents are necessary to prove and process your claim.

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Top Q: How much will I get?
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A:

The defendants have agreed to pay a total of $7,725,000 (which is earning interest), to the class. All class members who file timely and valid claims are eligible to share in the allocation of the settlement fund in accordance with the plan of allocation. The amount that any class member will receive will depend on several factors, including, for example when the class member purchased the securities and when they were sold, the size of the class members’ claim, the number of claims filed, and the total of the losses of all claims filed. Proof of claim forms must be postmarked on or before August 29, 2007, to be considered timely.

You may calculate your Recognized Claim in accordance with the formula shown in the Plan of Allocation beginning on page 6 of the Notice. It is unlikely that you will get a payment for your entire Recognized Claim. After all Class Members have sent in their Proof of Claim forms, the payment you get will be a part of the Net Settlement Fund equal to your Recognized Claim divided by the total of everyone’s Recognized Claims.

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Top Q: Should I get my own lawyer?
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A:

You do not have to hire your own lawyer because class counsel is working on behalf of all Class Members. You do not need to hire your own attorney to file an objection or to exclude yourself from the settlement. If you want your own lawyer to separately represent your own interests, to object to the Settlement or, if you exclude yourself, to bring a separate action against the Defendants, you can hire a lawyer at your own expense.
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Top Q: What is the Settlement Fairness Hearing?
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  A:

The Court will hold a Fairness Hearing at 9:30 AM on Friday, July 27, 2007, at the United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Courtroom 21-B, New York, New York, 10007-1312. The purpose of this hearing is to determine whether to approve the settlement as fair, reasonable, and adequate to the settlement class; whether to approve the Plan of Allocation as fair and equitable; and whether to approve the application of Lead Counsel for the payment of attorney's fees and reimbursement of expenses. The Court may adjourn or continue the Fairness Hearing without further notice to the class.

We do not know how long these decisions will take, so please be patient. You should be aware that the Court may change the date and time of the Settlement Fairness Hearing. Thus, if you want to come to the hearing, you should check with Plaintiffs' Lead Counsel before coming to be sure that the date and/or time has not changed.

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Top Q: Do I have to attend the Settlement Hearing?
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A:

No, you do not.

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Top Q: Where can I get more information?
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A:

You can call the Claims Administrator toll free at 1-(888)-822-9522, or write to:

EVCI Career Colleges Holding Corp. Securities Litigation
c/o Analytics Incorporated
Claims Administrator
P.O. Box 2003
Chanhassen, MN 55317-2003

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