# UNITED STATES OF AMERICA

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URL: https://www.frixlaw.com/law-library/documents/agency%3Asec%3Ae18a9f97525d18cb

## 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. 94979 / May 25, 2022
ADMINISTRATIVE PROCEEDING
File No. 3-16786

In the Matter of
BANKRATE, INC.,
Respondent.

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ORDER DIRECTING
DISBURSEMENT OF FAIR FUND

ADMINISTRATIVE PROCEEDING
File No. 3-16787

In the Matter of
HYUNJIN LERNER, CPA ,
Respondent.

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On August 28, 2020, the Commission 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 Keshia Ellis, United States

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Exchange Act Rel. No. 89711 (Aug 28, 2020).
17 C.F.R. § 201.1103.

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 October 15, 2020, the Secretary, pursuant to
delegated 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.
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 $15,418,912.17 from the Fair Fund to the Fair
Fund’s escrow account at The Huntington National Bank for distribution by the Fund
Administrator to the eligible claimants in accordance with the Plan.

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See Order Approving Plan of Distribution, Exchange Act Rel. No. 90188 (Oct 15, 2020).

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Accordingly, it is hereby ORDERED, that Commission staff shall transfer
$15,418,912.17 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 the eligible claimants
in accordance with the Plan.
For the Commission, by the Division of Enforcement, pursuant to delegated authority.4

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%3Ae18a9f97525d18cb. Public record. Not legal advice.
