UNITED STATES OF AMERICA

UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934

Release No. 101113 / September 20, 2024

ADMINISTRATIVE PROCEEDING

File No. 3-15635

In the Matter of

Fifth Third Bancorp and Daniel

Poston,

Respondents.

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ORDER DIRECTING DISBURSEMENT

OF FAIR FUND

On August 4, 2022, 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

Proposed Plan from the Commission’s public website or by submitting a written request to

Allison Moon, 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 no comments on the Proposed Plan during the comment period. On

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Exchange Act Rel. No. 95418 (Aug. 4, 2022).

17 C.F.R. § 201.1103.

October 6, 2022, the Division of Enforcement, pursuant to delegated authority, 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 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.

The Fund Administrator, in consultation with the Tax Administrator, recommends a

distribution of the Fair Fund in tranches to allow for the solicitation of tax information from

certain Eligible Claimants. The Fund Administrator recommends an initial disbursement of

$1,944,264.28 to Eligible Claimants for whom no solicitation of tax information is required.

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,4 that the Commission

authorize the transfer of $1,944,264.28 from the Fair Fund to the Fair Fund’s escrow account at

Huntington National Bank for distribution by the Fund Administrator in accordance with the

Plan.

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See Order Approving Plan of Distribution, Exchange Act Rel. No. 95988 (Oct. 6, 2022).

17 C.F.R. § 201.1101(b)(6),

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Accordingly, it is hereby ORDERED, that Commission staff shall transfer $1,944,264.28

from the Fair Fund to the Fair Fund’s escrow account, for a total distribution of $1,944,264.28 by

the Fund Administrator in accordance with the Plan.

For the Commission, by the Division of Enforcement, pursuant to delegated authority.5

Vanessa A. Countryman

Secretary

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17 C.F.R. § 200.30-4(a)(21)(v).

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