Visium Fair Fund

BACKGROUND

On May 8, 2018, the Commission issued an Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933, Section 21C of the Securities Exchange Act of 1934, and Sections 203(e) and 203(k) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order against Visium. The Commission determined that, from at least July 2011 to December 2012, Visium, through two of its portfolio managers, engaged in a mismarking scheme, using sham broker quotes to falsely inflate the value of securities held by the Credit Fund, for which Visium acted as investment adviser. As a result, the Credit Fund reported falsely inflated returns, overstated its net asset value, misclassified certain distressed assets, and overpaid performance and management fees. The Commission ordered Visium to pay to the Commission disgorgement of $4,755,223, prejudgment interest of $720,711, and a civil money penalty of $4,755,223. Visium has since paid in full and the Commission currently holds more than $10.2 million, comprised of $5,475,934 in disgorgement and prejudgment interest, a $4,755,223 civil money penalty, and accrued interest.

By Order dated August 30, 2018, the Commission created a Fair Fund pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002 (the “Fair Fund”), so that the civil money penalty can be distributed with the disgorgement and prejudgment interest paid by Visium for the benefit of harmed investors.  The Fair Fund is deposited in an interest-bearing account at the United States Treasury's Bureau of the Fiscal Service and currently holds over $10.2 million.  By Order dated November 16, 2018, the Commission appointed KCC, LLC as the fund administrator for the Fair Fund (the “Fund Administrator”) and set the administrator’s bond amount at approximately $10.2 million.

By Order dated July 8, 2019, the Commission approved a Plan of Distribution for the Fair Fund.   Any additional funds timely received will be added to the Fair Fund for disbursement to investors pursuant to the Plan.

The Fair Fund distribution occurred on July 27, 2020, and the payments will be valid until November 24, 2020.

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