# UNITED STATES OF AMERICA

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URL: https://www.frixlaw.com/law-library/documents/agency%3Asec%3A8cc26d0ca40339d1

## 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. 105203 / April 10, 2026
ADMINISTRATIVE PROCEEDING
File No. 3-20455
In the Matter of
Poloniex, LLC,
Respondent.

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ORDER DIRECTING SECOND
DISBURSEMENT OF FAIR FUND

On December 1, 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
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 January 31, 2023, the Division of Enforcement, pursuant to delegated

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Exchange Act Rel. No. 96429 (Dec. 1, 2022).
17 C.F.R. § 201.1103.

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 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.
On November 26, 2024, the Commission issued an Order Directing Disbursement of Fair
Fund (“Disbursement Order”). 4 Pursuant to the Disbursement Order, the Fund Administrator has
disbursed $4,584,409.75. There is $6,533,379.53 left in the Fair Fund.
Given the amount remaining in the Fair Fund and after taking into account a reserve of
$319,034.38 for any taxes or administrative costs, the Fund Administrator recommends further
distribution of the Fair Fund to claimants not included in the initial distribution who have since
cured or filed their claims.
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 $17,266.07 from the Fair Fund to the Fair Fund’s
escrow account at The Huntington National Bank, N.A 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. 96779 (Jan. 31, 2023).
Exchange Act Rel. No. 101755 (Nov. 26, 2024).

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Accordingly, it is hereby ORDERED, that Commission staff shall transfer $17,266.07
from the Fair Fund to the Fair Fund’s escrow account, for a total distribution of $17,266.07 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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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Asec%3A8cc26d0ca40339d1. Public record. Not legal advice.
