UNITED STATES OF AMERICA

UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934

Release No. 93020 / September 16, 2021

ADMINISTRATIVE PROCEEDING

File No. 3-18527

In the Matter of

deVere USA, Inc.,

Respondent.

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ORDER DIRECTING

DISBURSEMENT OF FAIR FUND

On March 23, 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 Susan Pecaro, United States 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 five substantive comments on the

Proposed Plan during the comment period. On August 17, 2020, after thorough review and

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Exchange Act Rel. No. 88452 (Mar. 23, 2020).

17 C.F.R. § 201.1103.

substantial consideration, the Commission issued an order approving the Proposed Plan as

modified therein,3 and posted the approved a Modified 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.

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 $8,329,307.19 from the Fair Fund to the Fair

Fund’s escrow account at Alerus Financial for distribution by the Fund Administrator to the

eligible investor in accordance with the Plan.

Accordingly, it is hereby ORDERED, that Commission staff shall transfer $8,329,307.19

from the Fair Fund to the Fair Fund’s escrow account at Alerus Financial, and the Fund

Administrator shall distribute such monies to the eligible investor 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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See Order Approving Modified Plan of Distribution, Exchange Act Rel. No. 89588 (Aug. 17, 2020).

17 C.F.R. § 200.30-4(a)(21)(v).

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