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. 88510 / March 30, 2020

ADMINISTRATIVE PROCEEDING

File No. 3-17740

In the Matter of

AUGUSTINE CAPITAL

MANAGEMENT, LLC (F/K/A

AUGUSTINE CAPITAL

MANAGEMENT, INC.), JOHN T.

PORTER, and THOMAS F.

DUSZYNSKI, CPA,

Respondents.

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ORDER DIRECTING

DISBURSEMENT OF FAIR FUND

On November 29, 2018, the Commission issued 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 Michael S. Lim, Esq., 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 March 18, 2019, the Commission issued an order approving the Plan of Distribution,

1

2

Exchange Act Rel. No. 84675 (Nov. 29, 2018).

17 C.F.R. § 201.1103.

and simultaneously posted the approved Plan of Distribution (the “Plan”).3 The Plan provides

for the distribution of the Fair Fund, plus accumulated interest, less taxes, fees, and expenses (the

“Net Fair Fund”), to the Eligible Investors according to the methodology set forth in the Plan.

The Fund Administrator has submitted to Commission staff a payment file with a list of

thirty-six (36)4 payees and their respective payment amounts. Commission staff has reviewed

the payment file and requests that, pursuant to Rule 1101(b)(6) of the Commission’s Rules on

Fair Fund and Disgorgement Plans,5 the Commission direct the payment of $898,588.85 from the

Fair Fund for distribution by the Fund Administrator as provided for in the Plan.

Accordingly, it is ORDERED that the Commission staff shall direct the payment of

$898,588.85 from the Fair Fund for distribution by the Fund Administrator to Eligible Investors

as provided for in the Plan.

By the Commission.

Vanessa A. Countryman

Secretary

3

Order Approving Plan of Distribution, Exchange Act Rel. No. 85340 (Mar. 18, 2019).

The Plan identifies forty-five (45) Eligible Investors; however, only thirty-six (36) Eligible Investors remain

eligible to receive a distribution payment.

5

17 C.F.R. § 201.1101(b)(6).

4

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.

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