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SEC v. CKB168 Holdings Ltd., et al.

Case No. 13-cv-05584-RRM-RLM (E.D.N.Y.)

Welcome to the CKB 168 Fair Fund Website

 

If you invested in the worldwide pyramid scheme known as CKB1689 or CKB between March 2011 and October 2013, inclusive, you may be eligible to receive compensation in accordance with the provisions of the CKB Fair Fund’s Distribution Plan.  You must submit a completed Proof of Claim Form with the necessary documentation so that it is postmarked or, if not sent by U.S. Mail, received by May 22, 2023 to be eligible to recover from the Fair Fund.

PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. IF YOU TIMELY SUBMIT A CLAIM FORM AND YOU SATISFY THE ELIGIBILITY CRITERIA UNDER THE DISTRIBUTION PLAN APPROVED BY THE COMMISSION, YOU MAY BE ELIGIBLE FOR A DISTRIBUTION PAYMENT FROM THE CKB168 FAIR FUND. THIS NOTICE CONTAINS IMPORTANT INFORMATION REGARDING THE CKB168 FAIR FUND, THE PLAN, AND ELIGIBILITY UNDER THE PLAN.

Background

The CKB168 Fair Fund (the “CKB Fair Fund”) was established by the U.S. Securities and Exchange Commission (“SEC”) to distribute $4 million in civil money penalties paid by the Defendants to settle the SEC’s charges that the Defendants violated antifraud and registration provisions of the federal securities laws by orchestrating and promoting a pyramid scheme and offering fraud.  The CKB Fair Fund is intended to compensate individuals and entities who invested in CKB between March 2011 and October 2013, inclusive and who suffered a loss as a result of investing in CKB pursuant to the Plan of Allocation. The compensation program is governed by a Plan of Distribution (“Plan”) approved by the Court on August 25, 2022. A copy of the Plan, which contains a description of eligibility and all conditions concerning participation in the distribution, can be found here.

Who is Potentially Eligible for Compensation?

Any person or entity that invested in CKB168 during the period between March 2011 and October 2013, inclusive, may be eligible for compensation from the CKB168 Fair Fund subject to certain other eligibility limitations described in the Plan. Distribution Payments will be subject to a $10.00 Minimum Distribution Amount.

Excluded Parties are defined as: (a) the Defendants; (b) Present or former officers or directors of Defendants and any assigns, creditors, heirs, distributees, spouses, parents, dependent children or controlled entities of any of the foregoing persons or entities;  (c) Any employee or former employee of the Defendants or any of its affiliates who has been terminated for cause or has otherwise resigned, in connections with the conduct detailed in the Complaint; (d) Any Person who, as of the Claims Bar Date, has been the subject of criminal charges related to the conduct detailed in the Complaint in this action or any related Commission action; (e) Any firm, trust, corporation, officer or other entity in which any of the Defendants have or had a controlling interest; (f) Any non-US Person, as defined below, except for Persons residing in a jurisdiction from which the SEC is able to enforce a monetary judgment and collect monies toward the Fair Fund; (g) Any purchaser or assignee of another Person’s right to obtain a recovery from the Fair Fund for value; provided, however, that this provision shall not be construed to exclude those Persons who obtained such a right by gift, inheritance, or devise; or (h) The Distribution Agent, its employees, and those Persons assisting the Distribution Agent in its role as the Distribution Agent

How to Make a Claim

You must complete and sign the Claim Form and submit it to Distribution Agent so that it is postmarked or, if not sent by U.S. Mail, received no later than May 22, 2023.

The Claim Form can be downloaded here. If you have any questions or would like the Distribution Agent to send you a Claim Form, call 1-855-579-3088 or email info@CKB168FairFund.com.

If you do not complete and timely submit a Claim Form, you will not be considered for eligibility to receive a Distribution Payment under the Plan.