UNITED STATES OF AMERICA
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UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 85641 / April 15, 2019
ADMINISTRATIVE PROCEEDING
File No. 3-12114
In the Matter of
American Express Financial Corporation
(now known as Ameriprise Financial,
Inc.)
ORDER DIRECTING
DISBURSEMENT OF FAIR FUND
Respondent.
On April 1, 2016, the Commission published a Notice of Proposed Plan of Distribution
and Opportunity for Comment (“Notice”)1 pursuant to Rule 1103 of the Commission’s Rules
on Fair Fund and Disgorgement Plans (“Commission’s Rules”).2 The Notice advised
interested persons that they could obtain a copy of the Proposed Plan of Distribution (“Plan”)
from the Commission’s public website at http://www.sec.gov/litigation/fairfundlist.htm or by
submitting a written request to Kara M. Washington, United States Securities and Exchange
Commission, 175 West Jackson Boulevard, Suite 900, Chicago, Illinois 60604. The Notice
also advised that all persons desiring to comment on the Plan could submit their comments, in
writing, no later than thirty (30) days from the date of the Notice. The Commission received
no comments in response to the Notice and issued an order approving the Plan on May 12,
2016.3
The Plan provides for the distribution of the disgorgement, prejudgment interest and
civil penalty paid by the Respondent,4 plus any accumulated interest earned, less a reserve for
taxes and fees and expenses associated with administering the distribution to investors in four
American Express Financial Corporation mutual funds and variable annuity products
according to the methodology set forth in the Plan. The Plan seeks to distribute to
accountholders compensation for estimated dilution losses they may have suffered as a result
of market timing and late trading during the period spanning January 1, 2002 through
September 30, 2003, plus foregone interest.
The Fund Administrator has submitted to the Commission staff a validated list of
495,176 payees and payment amounts determined pursuant to the Plan. Commission staff has
reviewed the validated list and requests that, pursuant to Rule 1101(b)(6) of the Commission’s
1
Exchange Act Rel. No. 77497 (Apr. 1, 2016).
17 C.F.R. § 201.1103.
3
See Order Approving Plan of Distribution, Exchange Act Rel. No. 77816 (May 12, 2016).
4
Capitalized terms used herein but not defined shall have the same meanings ascribed to them in the Plan.
2
Rules,5 the Commission authorize the transfer of $10,726,900.91 from the Fair Fund to The
Huntington National Bank for distribution in accordance with the Plan.
Accordingly, it is ORDERED that the Commission staff shall transfer $10,726,900.91
to the Fair Fund’s Escrow Account at The Huntington National Bank, and the Fund
Administrator shall distribute such monies to investors as provided for in the Plan.
For the Commission, by its Secretary, pursuant to delegated authority.
Vanessa A. Countryman
Acting Secretary
5
17 C.F.R. § 201.1101(b)(6).
2
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.