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. 106125 / August 13, 2026
ADMINISTRATIVE PROCEEDING
File No. 3-22327
In the Matter of
United Parcel Service, Inc.,
Respondent.
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ORDER APPROVING
PLAN OF DISTRIBUTION
On November 22, 2024, the Commission issued an Order Instituting Cease-and-Desist
Proceedings Pursuant to Section 8A of the Securities Act of 1933 and Section 21C of the
Securities Exchange Act of 1934, Making Findings, and Imposing a Cease-and-Desist Order (the
“Order”) 1 against United Parcel Service, Inc. (the “Respondent”). In the Order, the Commission
found that UPS failed to adhere to the basic accounting principle that the “fair value” of an asset
is the price that would be received to sell that asset in an orderly transaction between market
participants. These failures resulted in material misrepresentations to investors regarding its
earnings and other reported items and activities. The Commission ordered the Respondent to
pay a $45,000,000.00 civil money penalty to the Commission. The Commission also created a
Fair Fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, so the penalty
collected can be distributed to harmed investors (the “Fair Fund”).
The Fair Fund includes the $45,000,000.00 collected from the Respondent. The assets of
the Fair Fund are subject to the continuing jurisdiction and control of the Commission. The Fair
Fund has been deposited in a Commission-designated account at the U.S. Department of the
Treasury, and any interest accrued will be added to the Fair Fund.
On June 18, 2026, the Division of Enforcement, pursuant to delegated authority,
published a Notice of Proposed Plan of Distribution and Opportunity for Comment (“Notice”), 2
pursuant to Rule 1103 of the Commission’s Rules on Fair Fund and Disgorgement Plans
(“Commission’s Rules”); 3 and simultaneously posted the Proposed Plan of Distribution (the
“Proposed Plan”). The Notice advised interested persons that they could obtain a copy of the
Proposed Plan from the Commission’s public website or by submitting a written request to
Securities Act Rel. No. 11328 (Nov. 22, 2024).
Exchange Act Rel. No. 105730 (June 18, 2026).
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17 C.F.R. § 201.1103.
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Allison J.P. Moon, United States Securities and Exchange Commission, 100 F Street, NE,
Washington, DC 20549-5631. The Notice also advised that all persons desiring to comment on
the Proposed Plan could submit their comments, in writing, within 30 days of the Notice. The
Commission received no comments on the Proposed Plan during the comment period.
The Proposed Plan provides for the distribution of the Net Available Fair Fund 4 to
investors who purchased the Securities—shares of United Parcel Service Class A and Class B
common stock and certain United Parcel Service bonds—during the Relevant Period and
suffered a Recognized Loss as calculated by the methodology used in the Plan of Allocation.
The Division of Enforcement now requests that the Commission approve the Proposed
Plan.
Accordingly, it is hereby ORDERED, pursuant to Rule 1104 of the Commission’s
Rules, that the Proposed Plan is approved, and the approved Plan of Distribution shall be posted
simultaneously with this order on the Commission’s website at www.sec.gov.
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For the Commission, by the Division of Enforcement, pursuant to delegated authority. 6
Vanessa A. Countryman
Secretary
All capitalized terms used herein but not defined shall have the same meanings ascribed to them in the Proposed
Plan.
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17 C.F.R. § 201.1104.
6
17 C.F.R. § 200.30-4(a)(21)(iv).
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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.