UNITED STATES OF AMERICA
Agency decision
Ask Donna
What actually matters in this document.
Text
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 104132 / September 29, 2025
ADMINISTRATIVE PROCEEDING
File No. 3-19541
In the Matter of
FCA US LLC and Fiat Chrysler
Automobiles N.V.,
Respondents.
:
:
:
:
:
:
:
:
ORDER DIRECTING SECOND
DISBURSEMENT OF FAIR FUND
On May 19, 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
Sondra Panahi, United States Securities and Exchange Commission, 801 Brickell Ave, Suite
1950, Miami, FL 33131. 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 July
1
2
Exchange Act Rel. No. 94948 (May 19, 2022).
17 C.F.R. § 201.1103.
12, 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”).
On September 18, 2023, the Commission issued an Order Directing Disbursement of Fair
Fund (“Disbursement Order”). 4 Pursuant to the Disbursement Order, JND Legal Administration
(the “Fund Administrator”), has disbursed $39,552,652.62. The Payees received 88.9% of their
Recognized Loss during the initial distribution, and as of August 5, 2025, 99.6% of those funds
were successfully received by the Payees. The current balance of the Fair Fund as of September
8, 2025, is $1,260,449.40.
Pursuant to paragraphs 88 and 89 of the Plan, the Fund Administrator, in consultation
with the Commission staff, has determined that a subsequent distribution (the “Second
Distribution”) of the remaining funds is feasible. The Fund Administrator recommends further
distribution of the Fair Fund to 3,319 Payees whose individual payments are above the Minimum
Distribution Amount of $10.00 as provided in the Plan of Allocation.
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 $1,255,790.09 from the Fair Fund to the Fair
Fund’s escrow account at The Huntington National Bank, N.A. for distribution by the Fund
Administrator to harmed investors in accordance with the Plan. Collectively, from both
distributions, the investors will have received 91.7% of their Recognized Loss.
3
4
See Order Approving Plan of Distribution, Exchange Act Rel. No. 95261 (July 12, 2022).
Exchange Act Rel. No. 98425 (Sept. 18, 2023).
2
Accordingly, it is hereby ORDERED, that Commission staff shall transfer $1,255,790.09
from the Fair Fund to the Fair Fund’s escrow account, and direct the fund administrator to
distribute $1,255,790.09 to harmed investors in accordance with the Plan.
For the Commission, by the Division of Enforcement, pursuant to delegated authority. 5
Vanessa A. Countryman
Secretary
5
17 C.F.R. § 200.30-4(a)(21)(v).
3
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.