UNITED STATES OF AMERICA

UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934

Release No. 94170 / February 7, 2022

ADMINISTRATIVE PROCEEDING

File No. 3-19927

In the Matter of

Super Micro Computer, Inc.,

Respondent.

:

:

:

:

:

:

:

ORDER APPROVING AMENDED

PLAN OF DISTRIBUTION

ADMINISTRATIVE PROCEEDING

File No. 3-19928

In the Matter of

Howard Hideshima,

Respondent.

:

:

:

:

:

:

:

On February 3, 2021, the Division of Enforcement (the “Division”), pursuant to

delegated authority, published a Notice of Proposed Plan of Distribution and Opportunity for

Comment (the “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 (the “Proposed Plan”) from the

Commission’s public website at http://www.sec.gov/litigation/fairfundlist.htm or by submitting a

written request to Catherine E. Pappas, United States Securities and Exchange Commission, One

Penn Center, 1617 JFK Blvd., Ste. 520, Philadelphia, PA 19103.

The Notice also advised that all persons desiring to comment on the Proposed Plan could

submit their comments, in writing, no later than thirty (30) days from the publication of the

1

2

Exchange Act Rel. No. 91046 (Feb. 3, 2021).

17 C.F.R. § 201.1103.

Notice (1) to the Office of the Secretary, United States Securities and Exchange Commission,

100 F Street, NE, Washington, DC 20549-1090; (2) by using the Commission’s Internet

comment form (http://www.sec.gov/litigation/admin.shtml); or (3) by sending an e-mail to rulecomments@sec.gov.

The Proposed Plan provides for the distribution of the Net Available Fair Fund3 to

investors who purchased the Security during the Relevant Period and suffered an Eligible Loss

Amount as calculated under the Methodology used in the Plan of Allocation.

The Commission received no comments on the Proposed Plan during the comment

period. On April 8, 2021, the Division, pursuant to delegated authority, issued an order

approving the Proposed Plan and simultaneously posted the approved Plan of Distribution (the

“Plan”).

Upon implementation of the Plan, the Fund Administrator, in consultation with the

Commission staff, found an inconsistency between the Methodology paragraph4 and the Market

Loss Limitation paragraph in the Additional Provisions section of the Plan.5 Application of both

provisions would have resulted in inconsistent results.

Paragraph 112 of the Plan, requires amendment of the Plan prior to implementation of

any material change.

The Division, in consultation with the Fund Administrator, now proposes to amend

paragraph 45 of the Plan to correct the Market Loss Limitation provision to ensure that the

Methodology as approved in the Plan, is properly applied and the Market Loss Limitation

provision is consistent with the Methodology.

Accordingly, it is hereby ORDERED, pursuant to paragraph 112 of the Plan, that the Plan

is modified as described herein, and the approved Amended Plan of Distribution shall be posted

simultaneously with this Order on the Commission’s website at www.sec.gov.

By the Commission.

Vanessa A. Countryman

Secretary

3

All capitalized terms used herein but not defined shall have the same meanings ascribed to them in the Proposed

Plan.

4

Plan, ¶ 38.

5

Plan, ¶ 45.

2