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. 89112 / June 22, 2020
ADMINISTRATIVE PROCEEDING
File No. 3-18473
In the Matter of
Visium Asset Management, LP,
Respondent.
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ORDER DIRECTING
DISBURSEMENT OF FAIR FUND
On March 25, 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, Esq., 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 one substantive comment on the
Proposed Plan during the comment period. On July 8, 2019, after thorough review and
substantial consideration, the Commission issued an order approving the Proposed Plan without
modification,3 and posted the approved Plan of Distribution (the “Plan”).
1
Exchange Act Rel. No. 85403 (Mar. 25, 2019).
17 C.F.R. § 201.1103.
3
See Order Approving Plan of Distribution, Exchange Act Rel. No. 86330 (July 8, 2019).
2
The Plan provides for the distribution of the Fair Fund,4 less taxes, fees, and expenses, to
Eligible Investors as compensation for the Credit Fund’s overpayment of management fees and
performance fees. Under the Plan, all Eligible Investors will recover 100% of their Eligible Loss
plus Reasonable Interest.
In accordance with the Plan, the Fund Administrator has submitted a final payee list to
the 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 $3,390,866.12 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 $3,390,866.12
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 Eligible Investors in accordance with the
Plan.
By the Commission.
Vanessa A. Countryman
Secretary
4
All capitalized terms used herein but not defined shall have the same meanings ascribed to them in the Plan.
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.