As an owner of the trust when XTO illegally took the trust's money, I feel the distribution is unfair and compensates the wrong people. We who held the stock then and suffered the losses should be the ones compensated for the loss. Any lawyer that wants the case please contact me through this message board.
I understand what you are saying but that is always the case with stocks. You sell and you lose whatever payout will come in future. Think of the chaos it would be otherwise...any bad news and you have to claw back profits from previous owners. Anytime a company goes bankrupt anyone who used to own it but already sold have to give back their proceeds....it would be completely unworkable. That kind of argument would not stand a chance.
I've been involved in many settlements where the awards were made based on the date of stock ownership. The party who suffered the damages is entitled to recovery ..... expressio unius exclusio alterius.