# UNITED STATES OF AMERICA > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/agency%3Asec%3A1cf443724b07f43f ## Record - **Collection:** Agency decision - **Document type:** Agency decision ## Text UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 91509 / April 8, 2021 ADMINISTRATIVE PROCEEDING File No. 3-18909 In the Matter of Fifth Street Management, LLC, Respondent. : : : : : : : ORDER DIRECTING DISBURSEMENT OF FAIR FUND On June 24, 2019, the Secretary, pursuant to delegated authority, 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 (“Proposed Plan”) from the Commission’s public website 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, within 30 days of the Notice. The Commission received no comments on the Proposed Plan during the comment period. On August 1, 2019, the Secretary, pursuant to delegated authority, 1 2 Exchange Act Rel. No. 86190 (June 24, 2019). 17 C.F.R. § 201.1103. issued an order approving the Proposed Plan,3 and posted the approved Plan of Distribution (the “Plan”). The Plan provides for the distribution of the Fair Fund, plus accumulated interest, less taxes, fees, and expenses, to the harmed investors according to the methodology set forth in the Plan. In accordance with the Plan, the Claims Bar Date has passed and all timely submitted claims have been processed by the Fund Administrator. All investors whose claims have been determined ineligible, in whole or in part, have been notified and provided the opportunity to cure. Pursuant to the Plan, the Fund Administrator has submitted a payment file to Commission staff with a reasonable assurance letter as to the completeness and accuracy of the information contained therein. The Commission staff has reviewed the payment file and requests, pursuant to Rule 1101(b)(6) of the Commission’s Rules, 17 C.F.R. § 201.1101(b)(6), that the Commission authorize the transfer of $573,350.57 from the Fair Fund to the Fair Fund’s escrow account at The Huntington National Bank for distribution by the Fund Administrator to the eligible claimants in accordance with the Plan. Accordingly, it is hereby ORDERED, that Commission staff shall transfer $573,350.57 from the Fair Fund to the Fair Fund’s escrow account at The Huntington National Bank, and the Fund Administrator shall distribute such monies to the eligible claimants in accordance with the Plan. For the Commission, by the Division of Enforcement, pursuant to delegated authority. 4 Vanessa A. Countryman Secretary 3 4 See Order Approving Plan of Distribution, Exchange Act Rel. No. 86551 (Aug. 1, 2019). 17 C.F.R. § 200.30-4(a)(21)(v). 2 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Asec%3A1cf443724b07f43f. Public record. Not legal advice.