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. 105730 / June 18, 2026
ADMINISTRATIVE PROCEEDING
File No. 3-22327
In the Matter of
United Parcel Service, Inc.,
Respondent.
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NOTICE OF PROPOSED PLAN OF
DISTRIBUTION AND OPPORTUNITY
FOR COMMENT
Notice is hereby given, pursuant to Rule 1103 of the United States Securities and
Exchange Commission’s (the “Commission”) Rules on Fair Fund and Disgorgement Plans (the
“Commission’s Rules”), 17 C.F.R. § 201.1103, that the Division of Enforcement has submitted
to the Commission a proposed plan of distribution (the “Proposed Plan”) for the distribution of
monies paid in the above-captioned matter.
On November 22, 2024, the Commission issued an Order Instituting Cease-and-Desist
Proceedings Pursuant to Section 8A of the Securities Act of 1933 and Section 21C of the
Securities Exchange Act of 1934, Making Findings, and Imposing a Cease-and-Desist Order (the
“Order”) 1 against United Parcel Service, Inc. (“UPS” or the “Respondent”). In the Order, the
Commission found that UPS failed to adhere to the basic accounting principle that the “fair
value” of an asset is the price that would be received to sell that asset in an orderly transaction
between market participants. These failures resulted in material misrepresentations to investors
regarding its earnings and other reported items and activities.
The Commission ordered the Respondent to pay a $45,000,000 civil money penalty to the
Commission. The Commission also created a Fair Fund, pursuant to Section 308(a) of the
Sarbanes-Oxley Act of 2002, so the penalty collected can be distributed to harmed investors (the
“Fair Fund”).
The Fair Fund includes the $45,000,000 collected from the Respondent. The assets of the
Fair Fund are subject to the continuing jurisdiction and control of the Commission. The Fair
1
Securities Act Rel. No. 11328 (Nov. 22, 2024).
Fund has been deposited in a Commission-designated account at the U.S. Department of the
Treasury, and any interest accrued will be added to the Fair Fund.
OPPORTUNITY FOR COMMENT
Pursuant to this Notice, all interested persons are advised that they may obtain a copy of
the Plan from the Commission’s public website at
https://www.sec.gov/litigation/fairfundlist.htm. Interested persons may also obtain a written
copy of the Proposed Plan by submitting a written request to Allison J.P. Moon, United States
Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549-5631. All
persons who desire to comment on the Proposed Plan may submit their comments, in writing, no
later than 30 days from the date of this Notice:
1.
to the Office of the Secretary, United States Securities and Exchange
Commission, 100 F Street, NE, Washington, DC 20549-1090;
2.
by using the Commission’s Internet comment form
(https://www.sec.gov/litigation/admin.shtml); or
3.
by sending an e-mail to rule-comments@sec.gov.
Comments submitted by email or via the Commission’s website should include “Administrative
Proceeding File No. 3-22327” in the subject line. Comments received will be publicly available.
Persons should submit only information they wish to make publicly available.
THE PROPOSED PLAN
The Net Available Fair Fund 2 is comprised of the $45,000,000 in civil money penalties
collected from the Respondent, plus any interest and income earned thereon, less taxes, fees, and
expenses. The Proposed Plan provides for the distribution of the Net Available Fair Fund to
investors who purchased the Securities—shares of United Parcel Service Class A and Class B
common stock and certain United Parcel Service bonds—during the Relevant Period and
suffered a Recognized Loss as calculated by the methodology used in the Plan of Allocation.
For the Commission, by the Division of Enforcement, pursuant to delegated authority. 3
Vanessa A. Countryman
Secretary
All capitalized terms used herein but not defined shall have the same meanings ascribed to them in the Proposed
Plan.
2
3
17 C.F.R. § 200.30-4(a)(21)(iii).
2
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.