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. 104990 / March 13, 2026
ADMINISTRATIVE PROCEEDING
File No. 3-21140
In the Matter of
The Boeing Company,
Respondent.
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ORDER DIRECTING DISBURSEMENT
OF FAIR FUND
ADMINISTRATIVE PROCEEDING
File No. 3-21141
In the Matter of
Dennis A. Muilenburg,
Respondent.
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On October 12, 2023, the Division of Enforcement, 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 and simultaneously posted the Proposed Plan of Distribution (the
“Proposed Plan”). The Notice advised interested persons that they could obtain a copy of the
1
2
Exchange Act Rel. No. 98735 (Oct. 12, 2023).
17 C.F.R. § 201.1103.
Proposed Plan from the Commission’s public website or by submitting a written request to
Jennifer Cardello via email at cardelloj@sec.gov, or United States Securities and Exchange
Commission, 100 F Street, NE, Washington, DC 20549-5876. 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 2 comments on the Proposed Plan
during the comment period. On May 23, 2024, after review and consideration, the Commission
issued an order approving the Proposed Plan without modification, 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
denied, 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 assurances letter as to the completeness and accuracy of the information
contained therein. The Commission staff has reviewed and accepted 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 $218,239,227.18 from the Fair Fund to the Fair
Fund’s escrow account at The Huntington National Bank for distribution by the Fund
Administrator to eligible investors in accordance with the Plan.
Accordingly, it is hereby ORDERED, that Commission staff shall transfer
$218,239,227.18 from the Fair Fund to the Fair Fund’s escrow account at the Huntington
3
See Order Approving Plan of Distribution, Exchange Act Rel. No. 100222 (May 23, 2024).
2
National Bank, and the fund Administrator shall distribute such monies to eligible investors in
accordance with the Plan.
For the Commission, by the Division of Enforcement, pursuant to delegated authority. 4
Vanessa A. Countryman
Secretary
4
17 C.F.R. § 200.30-4(a)(21)(v).
3
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.