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. 100571 / July 22, 2024
ADMINISTRATIVE PROCEEDING
File No. 3-16098
In the Matter of
Wilmington Trust Corporation,
Respondent.
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ORDER DIRECTING SECOND
DISBURSEMENT OF
DISTRIBUTION FUND
On July 10, 2020, the Secretary, pursuant to delegated authority, published a Notice of
Proposed Plan of Distribution and Opportunity for Comment (the “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 of
Distribution (“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 September 3, 2020, the Secretary, pursuant to delegated
1
2
Exchange Act Rel. No. 89287 (July 10, 2020).
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 Distribution Fund, plus accumulated interest,
less taxes, fees, and expenses, to harmed investors according to the methodology set forth in the
Plan.
On August 27, 2021, the Division of Enforcement, pursuant to delegated authority, issued
an Order Directing Disbursement of Distribution Fund, directing the disbursement of
$62,504,575.28 to eligible investors in accordance with the Plan.
As of March 31, 2024, there was $1,990,270.87 remaining in the Distribution Fund,
comprised of $1,796,022.25 held in the Distribution Fund’s escrow account at The Huntington
National Bank, and $193,348.62 held by the Commission. The Tax Administrator has since
received an additional $900 tax refund, which has been added to the Distribution Fund.
In accordance with Paragraph 42 of the Plan and in view of the amount remaining in the
Distribution Fund, less a reserve of $376,725.89 for any taxes and administrative costs, the Fund
Administrator recommends further disbursement of the Distribution Fund to eligible investors in
accordance with the Plan.
Pursuant to the Plan, the Fund Administrator has submitted a payment file along with a
reasonable assurances letter. 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 Fund Administrator to disburse
$1,612,529.44 held at The Huntington National Bank, N.A. in accordance with the Plan.
3
See Order Approving Plan of Distribution, Exchange Act Rel. No. 89758 (Sept. 3, 2020).
Accordingly, it is hereby ORDERED that the Fund Administrator shall disburse
$1,612,529.44 held at The Huntington National Bank, N.A. in accordance with the Plan.
For the Commission, by the Division of Enforcement, pursuant to delegated authority.4
Vanessa A. Countryman
Secretary
4
17 C.F.R. § 200.30-4(a)(21)(v).
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.