UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

ADMINISTRATIVE PROCEEDING 

File No. 3-20855

In the Matter of

Allianz Global Investors U.S. LLC,

Respondent.

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AMENDED PLAN OF 

DISTRIBUTION 

I. OVERVIEW

1. The Division of Enforcement submitted this Amended Plan of Distribution (the 

“Plan”) to the United States Securities and Exchange Commission (the “Commission”) pursuant 

to Rule 1101 of the Commission’s Rules on Fair Fund and Disgorgement Plans (the 

“Commission’s Rules”), 17 C.F.R. § 201.1101. This Plan provides for the distribution of a Fair 

Fund (the “Fair Fund”), comprised of civil money penalties paid by Allianz Global Investors 

U.S. LLC (“AGI US” or the “Respondent”) in the above-captioned matter.1 

2. As described more specifically below, the Plan seeks to compensate investors in 

certain private funds, mutual funds, Collective Investment Trusts (“CITs”), and Undertaking for 

Collective Investment in Transferable Securities (“UCITS”) funds who were harmed by the 

Respondent’s conduct described in the Order in connection with the options trading strategy 

known as Structured Alpha that Respondent marketed and sold to investors in various funds (the 

“Structured Alpha Funds”). As calculated using the methodology detailed in the Plan of 

Allocation (attached as Exhibit A), investors will be compensated for principal losses incurred 

between February 24, 2020 and March 30, 2020, inclusive, in the Structured Alpha Funds, after 

accounting for compensation received from another source in a “rising tide” methodology. In 

the view of the Commission staff and the Fund Administrator, this methodology constitutes a fair 

and reasonable allocation of the Fair Fund. 

3. The Commission has custody of the Fair Fund and shall retain control of the 

assets of the Fair Fund. The Plan has been approved by the Commission, and the Commission 

retains jurisdiction over its implementation.

1

 See Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Sections 15(b) and 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, Exchange Act Rel. No. 94927 (May 17, 

2022) (the “Order”).
2

II. BACKGROUND

4. On May 17, 2022, the Commission issued the Order instituting and 

simultaneously settling administrative and cease-and-desist proceedings against the Respondent. 

The Structured Alpha Funds were intended to generate profits by using a portfolio of debt or 

equity securities as collateral to purchase and sell options principally on the S&P 500 Index. The 

Structured Alpha Funds performed well until the COVID-related market volatility in March 2020 

when they suffered catastrophic losses, including losses in excess of 90% in certain funds. 

Beginning on or before January 2016, and continuing through March 2020, AGI US, through the 

Structured Alpha portfolio management team, misled investors as to the significant downside 

risk of the Structured Alpha Funds, which included misrepresentations and omissions made in 

connection with the purchase and sale of these securities. First, AGI US’s marketing materials 

misrepresented to investors the levels at which hedging positions were put in place. Second, the 

portfolio management team did not consistently implement a bespoke risk mitigation program 

agreed to with the largest client in the Structured Alpha Funds. Third, the portfolio management 

team manipulated reports and other information provided to or created for certain investors on an 

ad hoc basis to conceal the magnitude of the strategy’s downside risk. In addition, the portfolio 

management team misrepresented to investors that Structured Alpha had a capacity limit of $9 

billion for certain funds when, in reality, it exceeded that amount by over $3 billion. After 

COVID-related market volatility in March 2020, the portfolio management team engaged in 

numerous, ultimately unsuccessful, efforts to conceal their misconduct from the Commission 

staff. In March 2020, AGI US began the process of liquidating the largest Structured Alpha 

Funds, paying to shareholders a liquidation price per share specific to each fund. 

5. The Commission ordered the Respondent to pay $349.2 million in disgorgement 

and prejudgment interest, which was deemed satisfied by forfeiture and restitution ordered in 

settlement of a parallel criminal proceeding. The Commission further ordered the Respondent to 

pay a $675 million civil money penalty to the Commission. The Commission also created the 

Fair Fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, so the penalty paid can 

be distributed to harmed investors.

6. In accordance with the Order, the Respondent paid $131,314,739.08 directly to 

certain investors and the remaining $543,685,260.92 to the Commission. The Fair Fund has 

been deposited in a Commission-designated account at the United States Department of the 

Treasury, and any accrued interest will be added to the Fair Fund. 

III. DEFINITIONS

As used in this Plan, the following definitions will apply:

7. “Administrative Costs” shall mean any administrative costs and expenses, 

including without limitation the fees and expenses of the Tax Administrator and the Fund 

Administrator, tax obligations, bond premium expenses, and investment and banking costs. 

8. “Claim Form” means the form designed by the Fund Administrator, in 

consultation with the Commission staff, for the filing of claims in accordance with this Plan. 
3

The claim form will require, at a minimum, sufficient documentation reflecting any Preliminary 

Claimant’s purchases and dispositions of Securities during the Relevant Period such that 

eligibility under the Plan can be determined, tax identification and other related information from 

the Preliminary Claimant as determined necessary by the Fund Administrator in coordination 

with the Tax Administrator, and a certification that the Preliminary Claimant is not an Excluded 

Party. 

9. “Claim Status Notice” means the notice sent by the Fund Administrator within 

ninety (90) days of the Claims Bar Date to any Preliminary Claimant that submitted a deficient 

Claim Form. The Claim Status Notice will provide to each Preliminary Claimant whose claim is 

deficient, in whole or in part, the reason(s) for the deficiency and in the event the claim is denied, 

the Claim Status Notice will state the reason(s) for such denial. The Claim Status Notice will 

also notify the Preliminary Claimant of the opportunity to cure any deficiency, request 

reconsideration, or dispute the determination made by the Fund Administrator and provide 

instructions regarding what is required to do so.

10. “Claims Bar Date” means the date established in accordance with this Plan by 

which a Preliminary Claimant’s Claim Form must be postmarked or submitted electronically in 

order to receive consideration under the Plan. The Claims Bar Date shall be one hundred twenty 

(120) days after the initial mailing of the Plan Notice. Claim Forms submitted by Preliminary 

Claimants postmarked or received after the Claims Bar Date will not be accepted unless the Fund 

Administrator is directed to do so by the Commission staff.

11. “Claims Packet” means the materials relevant to submitting a claim that will be 

provided to Preliminary Claimants who request such materials through a website or otherwise 

prior to the Claims Bar Date. The Claims Packet will include, at a minimum, a copy of the Plan 

Notice and a Claim Form (together with instructions for completion of the Claim Form).

12. “Determination Notice” shall mean the written notice sent by the Fund 

Administrator to all Preliminary Claimants who timely submitted a Claim Form notifying the 

Preliminary Claimant of its eligibility determination. The Determination Notice will further 

provide each Preliminary Claimant that is determined to be an Eligible Claimant with his, her, or 

its calculated Recognized Loss. The Determination Notice will constitute the Fund 

Administrator’s final ruling regarding the eligibility status of the claim.

13. “Distribution Payment” means a payment from the Fair Fund to a Payee in 

accordance with the terms of this Plan.

14. “Eligible Claimant” means a Preliminary Claimant, who is not an Excluded 

Party, who submitted a valid Claim Form and has suffered a Recognized Loss, as calculated in 

accordance with the Plan of Allocation.

15. “Excluded Party” means:

(a) The Respondent; 
4

(b) Respondent and/or defendants in the following actions: In the Matter of 

Stephen G. Bond-Nelson, Exchange Act Rel. No. 94926 (May 17, 

2022); In the Matter of Trevor Taylor ̧ Exchange Act Rel. No. 94925 

(May 17, 2022); and SEC v. Tournant et al., 1:22-cv-4016 (S.D.N.Y.);

(c) Present or former officers or directors of Respondent during the period of 

January 1, 2016 through the end of the Relevant Period;

(d) Any employee or former employee of the portfolio management team for 

the Structured Alpha Funds;

(e) Any employee or former employee of the Respondent or any of its 

affiliates who has been disciplined, terminated, or has otherwise resigned, 

in connection with the conduct described in the Order; 

(f) Any Person who, as of the Claims Bar Date, has been the subject of 

criminal charges related to the conduct described in the Order or any 

related Commission action;

(g) Any firm, trust, corporation, officer, or other entity in which Respondent 

has or had a controlling interest;

(h) The Fund Administrator, its employees, and those Persons assisting the 

Fund Administrator in its role as the Fund Administrator;

(i) Any assigns, creditors, heirs, distributees, spouses, parents, dependent 

children or controlled entities of any of the foregoing Persons or entities in 

paragraphs 15(a)-(h) above; or

(j) 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.

The Claim Form will require Preliminary Claimants to certify that they are not an Excluded 

Party. All Excluded Parties will be deemed ineligible to participate in the distribution of the Fair 

Fund.

16. “Fair Fund” means the fund created by the Commission pursuant to Section 

308(a) of the Sarbanes-Oxley Act of 2002, for the benefit of investors harmed by Respondent’s 

violations described in the Order.

17. “Net Available Fair Fund” means the Fair Fund, plus any interest or earnings, 

less Administrative Costs. 
5

18. “Payee” means an Eligible Claimant whose Recognized Loss calculates, in 

accordance with the Plan of Allocation, to a distribution amount is equal to or greater than 

$20.00 who will receive a Distribution Payment. 

19. “Person” means natural individuals as well as legal entities such as corporations, 

partnerships, or limited liability companies.

20. “Plan Notice” means a written notice from the Fund Administrator to Preliminary 

Claimants informing them of the Fair Fund; the Plan and its eligibility requirements; explaining 

how to submit a claim, including instructions for any online claims process; and how to obtain a 

copy of the approved Plan and Claim Form by request or from the Fair Fund’s website. The Plan 

Notice will also be available on the Fair Fund’s website that is maintained by the Fund 

Administrator. 

21. “Plan of Allocation” means the methodology used by the Fund Administrator to 

calculate if a Preliminary Claimant has suffered a Recognized Loss. The Plan of Allocation is 

attached to this Plan as Exhibit A.

22. “Preliminary Claimant” means a Person or entity, or their lawful successors, 

identified by the Fund Administrator as having a possible claim to recover from the Fair Fund 

under this Plan, or a Person or entity asserting prior to the Claims Bar Date that he, she, or it has 

a possible claim to recover from the Fair Fund under this Plan, as a result of transactions in the 

Securities during the Relevant Period. 

23. “Recognized Loss” means the amount of loss calculated in accordance with the 

Plan of Allocation.

24. “Relevant Period” means the period between February 24, 2020 and March

30, 2020, inclusive, when the Securities suffered catastrophic losses due to the misconduct of 

the Respondent. 

25. “Securities” refers to the private funds, mutual funds, CITs, and UCITS funds 

that were managed according to the Structured Alpha trading strategy during the Relevant 

Period. Table A of the Plan of Allocation identifies the list of known Securities. The Fund 

Administrator, in consultation with the Commission staff, may expand this list based on 

information received during the claims process in accordance with paragraph 57 below.

26. “Summary Notice” means the notice published in internet media that shall 

include, at a minimum, a statement of the purpose of the Fair Fund and the Plan, the means of 

obtaining a Claims Packet, and the Claims Bar Date. The Summary Notice will be published 

electronically within ten (10) days of the initial mailing of the Plan Notice.

27. “Third-Party Filer” means a third-party, including without limitation a nominee, 

custodian, or an intermediary holding in street name, who is authorized to submit and submits a 

claim(s) on behalf of one or more Preliminary Claimants. Third-Party Filer does not include 

assignees or purchasers of claims, which are excluded from receiving Distribution Payments.
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IV. TAX COMPLIANCE

28. On August 4, 2022, the Commission appointed Heffler, Radetich & Saitta, LLP as 

the tax administrator (the “Tax Administrator”) for the Fair Fund to handle the tax obligations of 

the Fair Fund.

2

 The Tax Administrator will be compensated for reasonable fees and expenses 

from the Fair Fund in accordance with its 2022-2024 Letter Agreement with the Commission.3

29. The Fair Fund constitutes a Qualified Settlement Fund (“QSF”) under Section 

468B(g) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. § 468B(g), and related 

regulations, 26 C.F.R. §§ 1.468B-1 through 1.468B-5. The Tax Administrator is the 

administrator of such QSF, for purposes of Treas. Reg. § 1.468B-2(k)(3)(I) and shall satisfy the 

tax-related administrative requirements imposed by Treas. Reg. § 1.468B-2, including, but not 

limited to:

(a) Obtaining a taxpayer identification number; 

(b) Requesting funds necessary for the timely payment of all applicable taxes, 

the payment of taxes for which the Tax Administrator has received funds, 

and the filing of applicable returns; and 

(c) Fulfilling any information reporting or withholding requirements required 

for distributions from the Fair Fund.

30. All tax obligations will be paid from the Fair Fund, subject to the review and 

approval of Commission staff.

V. FUND ADMINISTRATOR

31. On September 16, 2022, the Commission appointed Epiq Class Action & Claims 

Solutions, Inc., as the fund administrator for the Fair Fund (the “Fund Administrator”), and the 

Fund Administrator has obtained a bond in the amount of $543,685,260.92, as ordered.4 

Pursuant to Rule 1105(a) of the Commission’s Rules, 17 C.F.R. § 201.1105(a), the Fund 

Administrator may be removed at any time by order of the Commission or hearing officer. 

32. The Fund Administrator will be responsible for administering the Fair Fund in 

accordance with the Plan. This will include, among other things, taking reasonable steps to 

identify and contact Preliminary Claimants; consulting with the Commission staff to determine 

whether additional Securities should be included in the Fair Fund distribution; obtaining mailing 

information for Preliminary Claimants; establishing a website and staffing a call center to 

address inquiries during the claims process; developing a claims database; preparing 

accountings; cooperating with the tax administrator appointed by the Commission to satisfy any 

2

 See Order Appointing Tax Administrator, Exchange Act Rel. No. 95429 (Aug. 4, 2022).

3

 See Omnibus Order Directing the Engagement of Two Tax Administrators for Appointment on a Case-By-Case 

Basis in Administrative Proceedings that Establish Distribution Funds, Exchange Act Rel. No. 94845 (May 4, 2022).

4

 See Order Appointing Fund Administrator and Setting Bond Amount, Exchange Act Rel. No. 95801 (Sept. 16, 

2022).
7

tax liabilities and to ensure compliance with income tax reporting requirements, including but 

not limited to Foreign Account Tax Compliance Act (FATCA); advising Preliminary Claimants 

of deficiencies in claims and providing an opportunity to cure any documentary defects; taking 

antifraud measures, such as identifying false, ineligible and overstated claims; making 

determinations under the criteria established herein as to Preliminary Claimant eligibility; 

advising Preliminary Claimants of final claim determinations; disbursing the Fair Fund in 

accordance with this Plan, as ordered by the Commission; and researching and reconciling errors 

and reissuing payments, when possible.

33. To carry out the purposes of this Plan, the Fund Administrator is authorized to 

make and implement immaterial changes to the Plan upon agreement of the Commission staff. If 

a change is deemed to be material by the Commission staff, Commission approval is required 

prior to implementation by amending the Plan.

34. The Fund Administrator may extend any procedural deadline contained in the 

Plan for good cause shown, if agreed upon by the Commission staff.

35. The Fund Administrator is authorized to enter into agreements with third parties

as may be appropriate or necessary in the administration of the Fair Fund, provided such third

parties are not excluded pursuant to other provisions of this Plan. In connection with such 

agreements, the third parties shall be deemed to be agents of the Fund Administrator under this 

Plan. 

36. The Fund Administrator will be entitled to payment from the Fair Fund of 

reasonable fees and expenses, including the bond premium, incurred in the performance of its 

duties (including any such fees and expenses incurred by agents, consultants or third parties

retained by the Fund Administrator in furtherance of its duties).

VI. ADMINISTRATION OF THE FAIR FUND

Identification of and Notification to Preliminary Claimants

37. The Fund Administrator will, insofar as practicable, use its best efforts to 

identify Preliminary Claimants from a review of trading records, obtaining records from 

registered broker-dealers and investment advisors, and seeking information from any other 

source available to it. The Fund Administrator may also engage a third-party firm, after 

consultation with and approval of the Commission staff, to assist in identifying Preliminary 

Claimants to maximize the participation rate of investors in the Fair Fund.

38. Within sixty (60) days after Commission approval of the Plan, the Fund 

Administrator shall:

(a) design and submit a Claims Packet, including the Plan Notice and the 

Claim Form, to the Commission staff for review and approval; 
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(b) create a mailing and claim database of all Preliminary Claimants based 

upon information identified by the Fund Administrator;

(c) run a National Change of Address search to retrieve updated addresses for 

all records in the database, thereby ensuring the mailing information for 

Preliminary Claimants is up to date;

(d) email and/or mail a Plan Notice to each Preliminary Claimant identified 

by the Fund Administrator and to the Fund Administrator’s list of banks, 

brokers, and other nominees in accordance with paragraph 43 below;

(e) establish and maintain a website devoted solely to the Fair Fund. The Fair 

Fund’s website will make available a copy of the approved Plan; provide 

information regarding the claims process and eligibility requirements for 

participation in the Fair Fund in the form of frequently asked questions; 

include in downloadable form, the Claim Form and other related 

materials; and such other information the Fund Administrator believes will 

be beneficial to Preliminary Claimants;

(f) establish and maintain a toll-free telephone number for Preliminary 

Claimants to call to speak to a live representative of the Fund 

Administrator during its regular business hours or, outside of such hours, 

to hear prerecorded information about the Fair Fund. The toll-free number 

will be listed on all correspondence from the Fund Administrator to 

Preliminary Claimants as well as on the Fair Fund’s website; and

(g) establish and maintain a traditional mailing address and an email address 

which will be listed on all correspondence from the Fund Administrator to 

Preliminary Claimants as well as on the Fair Fund’s website. 

39. The Fund Administrator will publish the Summary Notice on the internet in a 

manner acceptable to Commission staff within ten (10) days of the initial mailing of the Plan 

Notice.

40. The Commission staff retains the right to review and approve any material posted 

on the Fair Fund’s website, any material mailed, and any scripts used in connection with any 

communication with Preliminary Claimants. 

41. In all materials that refer to the Claims Bar Date, the filing deadline will be 

clearly identified with the calendar date, which is one hundred twenty (120) days from the date 

of the initial mailing of the Plan Notice.

42. The Fund Administrator will promptly provide a Claims Packet to any 

Preliminary Claimant upon request made via mail, phone, or email prior to the Claims Bar Date.
9

43. The Fund Administrator will send by mail, email, or other means, the Plan Notice 

to the Fund Administrator’s list of banks, brokers, and other nominees, as well as any other 

institutions identified during the outreach process, that may have records of the Securities during 

the Relevant Period (collectively, the “Nominees or Custodians”). The Fund Administrator will 

request that these entities, to the extent that they were record holders for beneficial owners of the 

Securities:

(a) Within fourteen (14) days of the Nominees’ or Custodians’ receipt of the 

Plan Notice, notify and send the Plan Notice to the respective beneficial 

owners, and as requested, provide to the beneficial owners a Claims Form, 

so that the beneficial owners may timely file a claim. The burden will be 

on the Nominees or Custodians to ensure the claims process information, 

including, if requested, the Claims Packet and other relevant materials, is 

properly disseminated to the beneficial owners; and/or

(b) Provide to the Fund Administrator, within fourteen (14) days of receipt of 

the Plan Notice, a list of last known names and addresses for all beneficial 

owners for whom/which they held and/or purchased the Securities, as the 

record holder, during the Relevant Period, so that the Fund Administrator 

can communicate with the beneficial owners directly.

44. An unlimited number of Plan Notices and Claim Forms may be downloaded by 

the Nominees or Custodians. In the event paper copies are needed, the Distribution Agent may 

provide no more than fifty (50) additional copies of the materials relevant to submitting a claim

to any Nominee or Custodian requesting it for the purpose of distribution to beneficial owners.

45. Documented reasonable out-of-pocket expenses incurred by the Nominees or the 

Custodians, which would not have been incurred but for compliance with paragraph 43 above, 

shall be reimbursed from the Fair Fund. The amount of such expenses allowed will be at the 

discretion of the Fund Administrator, in consultation with the Commission staff. Unless 

otherwise determined by the Fund Administrator in consultation with the Commission staff, outof-pocket expenses based on the following rates will be considered reasonable: 

(a) A maximum of $0.03 per Plan Notice and/or Claim Form, plus postage at 

the pre-sort postage rate per Plan Notice and/or Claim Form actually 

mailed; 

(b) A maximum of $0.05 per email of Plan Notice with Claim Form link; or

(c) $0.20 per investor account for which a name, address, and/or email address 

is provided to the Fund Administrator, up to a maximum of amount of 

$1,500.00.

46. The Fund Administrator will attempt to locate any Preliminary Claimant whose 

mailing is returned as “undeliverable” and will document all such efforts. The Fund 

Administrator shall use its best efforts to make use of commercially available resources and other 
10

reasonably appropriate means to obtain updated addresses in response to “undeliverable” notices 

and forward any returned mail for which an updated address is provided or obtained. The Fund 

Administrator will make available, upon request by the Commission staff, a list of all 

Preliminary Claimants whose Plan Notice have been returned as “undeliverable” due to incorrect 

addresses and for which the Fund Administrator has been unable to locate current addresses.

Filing a Claim

47. To avoid being barred from asserting a claim, on or before the Claims Bar Date, 

each Preliminary Claimant must submit to the Fund Administrator a properly completed Claim 

Form reflecting such Preliminary Claimant’s claim, together with all required supporting 

documentation as the Fund Administrator, in its discretion, deems necessary or appropriate to 

substantiate the claim. Without limitation, this information may include third-party documentary 

evidence of purchases and dispositions of the Securities during the Relevant Period, distributions 

received in connection with the Securities being liquidated, compensation already received for 

the loss that resulted from the conduct described in the Order, the portion of the Securities

managed or advised by AGI US, and holdings and net asset values of the Securities at pertinent 

dates. 

48. Electronic claims submission is encouraged; the Plan Notice will include 

directions on how Preliminary Claimants can submit their claims electronically via the Fair 

Fund’s website. If using the web-based claim filing option, a Preliminary Claimant must submit 

his, her, or its claim to the Fund Administrator by 11:59 p.m. on the Claims Bar Date. The Plan 

Notice will also include directions for submission of claims if the Preliminary Claimant is unable 

to submit his, her, or its claim electronically. 

49. The burden will be upon the Preliminary Claimant to ensure that his, her or its 

Claim Form has been properly and timely received by the Fund Administrator. A Claim Form 

that is postmarked or otherwise received after the Claims Bar Date will not be accepted unless 

the deadline is extended by the Fund Administrator for good cause shown, after consultation 

with the Commission staff. 

50. All Claim Forms and supporting documentation necessary to determine a 

Preliminary Claimant’s eligibility to receive a distribution from the Fair Fund under the terms of 

the Plan must be verified by a declaration executed by the Preliminary Claimant under penalty of 

perjury under the laws of the United States. The declaration must be executed by the 

Preliminary Claimant, unless the Fund Administrator accepts such declaration from a Person 

authorized to act on the Preliminary Claimant’s behalf, whose authority is supported by such 

documentary evidence as the Fund Administrator deems necessary. 

51. When submitting claims to the Fair Fund on behalf of its clients, all Third-Party 

Filers must use the electronic filing template provided by the Fund Administrator in this matter. 

Third-Party Filers that do not comply with the template and format provided by the Fund 

Administrator may be rejected. Third-Party Filers must also submit a signed master proof of 

claim and release, as well as proof of authority to file on behalf of the claimant(s) at the time the 

electronic file of transactions is submitted. Failure to do so may result in rejection of the claim.
11

52. Each Third-Party Filer must establish the validity and amount of each claim in its 

submission. Third-Party Filers must submit such supporting documentary evidence of 

purchases, dispositions, and holdings of Securities as the Fund Administrator deems necessary or 

appropriate to substantiate each individual claim. Without limitation, this includes the complete 

name of the Preliminary Claimant (beneficial account owner) and its TIN (for individuals) or 

EIN (for companies), sufficient contact information to confirm the identity of the beneficial 

owner, and documentation from the original bank, broker or other institution of purchases and 

dispositions of Securities (account statements, confirmations and other documentation of 

purchases and dispositions), as well as holdings of the Securities on pertinent dates. 

Documentation generated by the Third-Party Filer as well as affidavits in lieu of supporting 

documentation will not be accepted unless, for good cause, the Fund Administrator determines it 

acceptable. The Fund Administrator will have the right to request, and the Third-Party Filer will 

have the burden of providing to the Fund Administrator, any additional information and/or 

documentation deemed necessary by the Fund Administrator to substantiate the claim(s) 

contained in the submission. Documentation from a Third-Party Filer that is not acceptable to 

the Fund Administrator will result in rejection of the affected claim(s). The determination of the 

Fund Administrator to reject a claim for insufficient documentation, as reflected on the 

Determination Notice, is final and within the discretion of the Fund Administrator. 

53. The receipt of Securities by gift, inheritance, devise, or operation of law will not 

be deemed to be a purchase of Securities, nor will it be deemed an assignment of any claim 

relating to the purchase of such Securities unless specifically so provided in the instrument of 

inheritance. The recipient of Securities as a gift, inheritance, devise or by operation of law will 

be eligible to file a Claim Form and participate in the distribution of the Fair Fund to the extent 

the original purchaser would have been eligible under the terms of the Plan. Only one claim may 

be submitted with regard to the same transactions in Securities, and in cases where multiple 

claims are filed by the donor and donee, the donee claim will be honored, assuming it is 

supported by proper documentation. 

54. Claims on behalf of a retirement plan covered by Section 3(3) of ERISA, 29 

U.S.C.§ 1002(3), which do not include Individual Retirement Accounts and such plan’s 

participants, are properly made by the administrator, custodian or fiduciary of the plan and not

by the plan’s participants. The Fund Administrator will distribute any payments on such claims 

directly to the administrator, custodian or fiduciary of the retirement plan. The custodian or 

fiduciary of the retirement plan will distribute any payments received in a manner consistent with 

its fiduciary duties and the governing account or plan provisions. 

55. The Preliminary Claimant has the burden of notifying the Fund Administrator of a 

change in his, her or its current address and other contact information, and of ensuring that such 

information is properly reflected on the Fund Administrator's records.

Review of Claims and Deficiency Process

56. The Fund Administrator will review all claim submissions and determine the 

eligibility of each Preliminary Claimant to participate in the Fair Fund by reviewing claim data 

and supporting documentation (or the lack thereof) and verifying the claim. Each Preliminary 
12

Claimant will have the burden of proof to establish the validity and amount of his, her or its 

claim. The Fund Administrator will have the right to request, and the Preliminary Claimant will 

have the burden of providing to the Fund Administrator, any additional information and/or 

documentation deemed relevant by the Fund Administrator.

57. If a Preliminary Claimant submits a Claim Form involving an investment product 

that is not identified on the list of known Securities in Table A of the Plan of Allocation, the 

Preliminary Claimant will have the burden of proof to establish that AGI US employed the 

Structured Alpha trading strategy on the investment product(s) during the Relevant Period. The 

Fund Administrator will have the right to request, and the Preliminary Claimant will have the 

burden of providing to the Fund Administrator, any additional information and/or documentation 

deemed relevant by the Fund Administrator. The Fund Administrator will consult with the 

Commission staff to determine whether such investment product(s) are Securities for the 

purposes of this Plan. The Fund Administrator will send a written notice of its decision to the 

Preliminary Claimant, which will constitute the Fund Administrator’s final ruling regarding the 

inclusion of such investment product(s) as Securities.

58. The Fund Administrator will provide a Claim Status Notice within ninety (90) 

days of the Claims Bar Date to each Preliminary Claimant who has filed a deficient Claim Form 

with the Fund Administrator. The Claim Status Notice will provide to each Preliminary 

Claimant whose claim is deficient, in whole or in part, the reason(s) for the deficiency (e.g., 

failure to provide required information or documentation). In the event the claim is denied, in 

whole or in part, the Claim Status Notice will state the reason(s) for such denial. The Claim 

Status Notice will also notify the Preliminary Claimant of the opportunity to cure any deficiency, 

request reconsideration, or dispute the determination made by the Fund Administrator and 

provide instructions regarding what is required to do so.

59. Any Preliminary Claimant with a deficient claim will have thirty (30) days from 

the date of the Claim Status Notice to cure any deficiencies identified in the Claim Status Notice.

60. Any Preliminary Claimant seeking reconsideration of a denied claim must advise 

the Fund Administrator in writing within thirty (30) days of the date ofthe Claim Status Notice. 

All requests for reconsideration must include the necessary documentation to substantiate the 

basis upon which the Preliminary Claimant is requesting reconsideration of his, her, or its claim. 

61. The Fund Administrator will have the authority, in its sole discretion, to waive 

technical claim deficiencies and approve claims on a case-by-case basis, or in groups of claims. 

Claims Eligibility Determination

62. Within two hundred seventy (270) days of the Claims Bar Date, the Fund 

Administrator will complete all claims determinations and send a written notice to all 

Preliminary Claimants who timely submitted a Claim Form notifying the Preliminary Claimant 

of its eligibility determination. The Determination Notice will further provide to each 

Preliminary Claimant that is determined to be an Eligible Claimant with his, her, or its calculated 
13

Recognized Loss. The Determination Notice will constitute the Fund Administrator’s final 

ruling regarding the eligibility status of the claim.

63. The Fund Administrator may consider disputes of an Eligible Claimant’s 

Recognized Loss calculation, if presented in writing to the Fund Administrator within thirty (30) 

days of the date of the Determination Notice. The Fund Administrator will consult with 

Commission staff as appropriate. The Fund Administrator will notify the Eligible Claimant in 

writing with thirty (30) days of receiving a dispute of its determination, which will constitute the 

Fund Administrator’s final ruling regarding the loss calculations for the claim.

Third-Party Review

64. After the Fund Administrator has completed the process of analyzing the claims 

and determining claim amounts in accordance with the Plan, and prior to the distribution of any 

funds, the Fund Administrator will engage an independent, third-party firm, not unacceptable to 

Commission staff, to perform a set of agreed upon procedures, review a statistically significant 

sample of claims and ensure accurate and comprehensive application of the Plan of Allocation. 

Unless otherwise agreed to by the Fund Administrator in consultation with the Commission staff, 

and except for a review of paragraph 63 disputes and the Fund Administrator’s responses thereto 

and the finalization of any written analysis or report, the Third-Party Review process will be 

completed by the time the Fund Administrator notifies Eligible Claimants of their calculated 

Recognized Losses as set forth in paragraph 62. Upon completion of the Third-Party Review, 

the Fund Administrator will communicate the results of the review to Commission staff together 

with any written analysis or reports related to the review, and, upon request, will make the firm 

available to the Commission staff to respond to questions concerning the review. 

Distribution Methodology

65. Any Preliminary Claimant, who is not an Excluded Party, who submitted a valid 

Claim Form and has suffered a Recognized Loss, as calculated in accordance with the Plan of 

Allocation attached hereto as Exhibit A, will be deemed an Eligible Claimant. All Eligible 

Claimants whose Recognized Loss calculates to a distribution amount equal to or greater than 

$20.00 will be deemed a Payee and receive a Distribution Payment.

Establishment of a Reserve

66. Before determining the amount of funds available for distribution and calculating 

each Payee’s Distribution Payment, the Fund Administrator, in conjunction with the Tax 

Administrator, will establish a reserve to pay Administrative Costs and to accommodate any 

unexpected expenditures (the “Reserve”).

67. After all disbursements and Administrative Costs are paid, any remaining 

amounts in the Reserve will become part of the Residual described in paragraph 90 below.
14

Preparation of the Payment File

68. Within sixty (60) days following the completion of the Third-Party Review

described above, paragraph 64, the Fund Administrator will compile and send to the Commission 

staff the Payee information, including the name, address, calculated Recognized Loss, and the 

amount of the Distribution Payment for all Payees (the “Payee List”). The Fund Administrator 

will also provide a Reasonable Assurances Letter to the Commission staff, representing that the 

Payee List: (a) was compiled in accordance with the approved Plan; (b) is accurate as to Payees’ 

names, addresses, Recognized Losses and amounts of their Distribution Payment; (c) includes 

the number of Payees compensated; (d) the percentage of the Payee’s Recognized Loss being 

compensated by the disbursement from the Fair Fund, and if applicable, the total percentage to 

include all prior disbursements; (e) the total amount of funds to be disbursed; and (f) provides all 

information necessary to make a payment to each Payee.

The Escrow Account

69. Prior to the disbursement of funds from the Net Available Fair Fund, the Fund 

Administrator will establish an escrow account (the “Escrow Account”) with a United States 

commercial bank that is a well-capitalized financial institution as defined by the Federal Reserve 

Act, Subpart D, 12 C.F.R. 208.43 and that is not unacceptable to the Commission staff (the 

“Bank”), pursuant to an escrow agreement (the “Escrow Agreement”) to be provided by 

Commission staff.

70. The Fund Administrator, pursuant to the Escrow Agreement, shall also establish 

with the Bank a separate deposit account (e.g., controlled distribution account, managed 

distribution account, linked checking and investment account) (the “Distribution Account”), 

insured by the Federal Deposit Insurance Corporation (“FDIC”) up to the guaranteed FDIC pass 

through limit. The Distribution Account shall be linked with the Escrow Account and shall be 

named, and records maintained, in accordance with the Escrow Agreement. 

71. During the term of the Escrow Agreement, the portions of the Fair Fund transferred 

to the Escrow Account (the “Escrow Property”), shall be invested and reinvested in short-term 

U.S. Treasury securities backed by the full faith and credit of the United States Government or 

an agency thereof. The investment shall be, of a type and term necessary to meet the cash 

liquidity requirements for payments to Payees, tax obligations, and/or fees of the Tax 

Administrator and/or Fund Administrator, including investment or reinvestment in a bank 

account insured by the FDIC up to the guaranteed FDIC limit, or in money market mutual funds 

registered under the Investment Company Act of 1940 that invest 100% of their assets in direct 

obligations of the United States Government. 

72. The Fund Administrator shall provide duplicate original bank and/or investment 

statements on any accounts established by the Fund Administrator to the Tax Administrator on a 

monthly basis and shall assist the Tax Administrator in obtaining mid-cycle statements, as 

necessary.
15

73. The Fund Administrator shall deposit or invest funds in the Escrow and 

Distribution Accounts so as to result in the maximum reasonable net return, taking into account 

the safety of such deposits or investments. In consultation with Commission staff, the Fund 

Administrator shall work with the Bank on an ongoing basis to determine an allocation of funds 

between the Escrow and Distribution Account.

74. All interest, dividends, and/or income earned by the Escrow Property will accrue 

for the benefit of the Escrow Property. All Administrative Costs associated with the Escrow and 

Distribution Accounts will be the responsibility of the Fund Administrator, who may be 

reimbursed for said costs as provided in this Plan. No such Administrative Costs may be paid to 

the Bank, its agents, and/or its affiliates from the Escrow Property.

 Distribution of the Fair Fund

75. The Fund Administrator will seek to distribute the Net Available Fair Fund to all 

Payees only after all Claim Forms have been processed and all Preliminary Claimants whose 

claims have been rejected or disallowed, in whole or in part, have been notified and provided the 

opportunity to contest or cure pursuant to the procedures set forth herein.

76. Upon the Commission’s staff’s receipt, review, and acceptance of the Payee List 

and Reasonable Assurances Letter from the Fund Administrator, the Commission staff will seek 

an Order from the Commission pursuant to Rule 1101(b)(6) of the Commission’s Rules, 17 

C.F.R. § 210.1101(b)(6), to disburse funds from the Net Available Fair Fund to the Bank in 

accordance with the Payee List for distribution by the Fund Administrator in accordance with the 

Plan. All disbursements will be made pursuant to a Commission Order. 

77. Upon issuance of an Order to disburse, the Commission staff will direct the transfer 

of funds in accordance with the Payee List to the Bank. The Fund Administrator will then use its 

best efforts to commence mailing Distribution Payment checks and/or effect wire transfers 

within ten (10) business days of the release of the funds into the Escrow Account. All efforts 

will be coordinated to limit the time between the Escrow Account’s receipt of the funds and the 

issuance of Distribution Payments.

78. All Distribution Payments will be issued by the Fund Administrator from the 

Distribution Account. All checks will bear a stale date of one hundred twenty (120) days from 

the date of issuance. Checks that are not negotiated by the stale date will be voided, and the 

Bank will be instructed to stop payment on those checks. A Payee’s claim will be extinguished 

if he, she, or it fails to negotiate his, her or its check by the stale date, and the funds will remain 

in the Fair Fund, except as provided in paragraph 86. 

79. All payments will be preceded or accompanied by a communication that includes, 

as appropriate: (a) a statement characterizing the distribution; (b) a statement that the tax 

treatment of the distribution is the responsibility of each Payee and that the Payee should consult 

his, her or its tax advisor for advice regarding the tax treatment of the distribution; (c) a 

statement that checks will be void and cannot be reissued after one hundred twenty (120) days 

from the date the original check was issued; and (d) contact information for the Fund 
16

Administrator for questions regarding the Distribution Payment. The letter or other mailings to 

Payees characterizing a Distribution Payment will be submitted to the Tax Administrator and 

Commission staff for review and approval. 

80. All Distribution Payments, either on their face or in the accompanying mailing, 

will clearly indicate that the money is being distributed from the Fair Fund established by the 

Commission to compensate investors for harm as a result of securities law violations. 

81. Distribution Payments must be made by check or electronic payment payable to 

the Payee (the beneficial account owner). A Third-Party Filer shall not be the payee of any 

Distribution Payment check or electronic Distribution Payment. Compensation to a Third-Party 

Filer for its services may not be paid or deducted from the Distribution Payment. 

82. The submission of a Claim Form and the receipt and acceptance of a Distribution 

Payment by a Payee is not intended to be a release of a Payee’s rights and claims against any 

party.

83. Electronic or wire transfers may be utilized at the discretion of the Fund 

Administrator to transfer approved Distribution Payments to filers of claims on behalf of twenty 

(20) or more Payees. Electronic payments will be initiated by the Fund Administrator after 

confirming the wire instructions are accurate directly with the filer or foregoing this step if the 

same wire instructions have been confirmed in different administrations managed by the Fund 

Administrator for the same filer within the last two (2) years. 

84. At the discretion of the Fund Administrator, certain costs that were not factored 

into the Reserve, such as bank fees for the return of a payment, may reduce the Payee’s 

Distribution Payment. In such situations, the Fund Administrator will immediately notify the 

Tax Administrator of the reduction in the Distribution Payment.

Post Distribution; Handling of Returned or Uncashed Checks; and Reissues

85. The Fund Administrator shall use its best efforts to make use of commercially 

available resources and other reasonably appropriate means to locate all Payees whose checks 

are returned to the Fund Administrator as “undeliverable.” If new address information becomes 

available, the Fund Administrator will repackage the distribution check and send it to the new 

address. If new address information is not available after a diligent search (and in no event no 

later than one hundred twenty (120) days after the initial mailing of the original check) or if the 

distribution check is returned again, the check shall be voided and the Fund Administrator shall 

instruct the issuing financial institution to stop payment on such check. If the Fund 

Administrator is unable to find a Payee’s correct address, the Fund Administrator, in its 

discretion, may remove such Payee from the distribution and the allocated Distribution Payment 

will remain in the Fair Fund for distribution, if feasible, to the remaining Payees.

86. The Fund Administrator will reissue checks to Payees upon the receipt of a valid, 

written request from the Payee prior to the initial stale date. In cases where a Payee is unable to 

endorse a Distribution Payment check as written (e.g., name changes, IRA custodian changes, or 
17

recipient is deceased) and the Payee or a lawful representative requests the reissuance of a 

Distribution Payment check in a different name, the Fund Administrator will request, and must 

receive, documentation to support the requested change. The Fund Administrator will review the 

documentation to determine the authenticity and propriety of the change request. If, in the 

discretion of the Fund Administrator, such change request is properly documented, the Fund 

Administrator will issue an appropriately redrawn Distribution Payment to the requesting party. 

Reissued checks will be void at the later of one hundred twenty (120) days from issuance of the 

original check or thirty (30) days from the reissuance, and in no event will a check be reissued 

after one hundred twenty (120) days from the date of the original issuance without the approval 

of Commission staff.

87. The Fund Administrator will make reasonable efforts to contact Payees who have 

failed to negotiate their Distribution Payment check and take appropriate action to follow up on 

the status of uncashed checks at the request of Commission staff. The Fund Administrator may 

reissue such checks subject to the time limits detailed herein. 

Administrative Costs

88. All Administrative Costs will be paid from the Fair Fund in accordance with the 

Commission’s Rules. 

Disposition of Undistributed Funds

89. If funds remain following the initial distribution and payment of all 

Administrative Costs, the Fund Administrator, in consultation with the Commission staff, may 

seek subsequent distribution of any available remaining funds, pursuant to the Commission’s 

Rules. 

90. A residual within the Fair Fund will be established for any amounts remaining 

after the final disbursement to Payees from the Fair Fund (the “Residual”). The Residual may 

include funds from, among other things, amounts remaining the Reserve, distribution checks that 

have not been cashed, checks or electronic payments that were not delivered or returned to the 

Commission, tax refunds for overpayment or for waiver of IRS penalties.

91. All funds remaining in the Residual that are infeasible to distribute to investors 

will be returned to the Commission and transferred to the U.S. Treasury after the final 

accounting is approved by the Commission. 

Filing of Reports and Accountings

92. In accordance with Rule 1105(f) of the Commission’s Rules, the Fund 

Administrator shall provide to the Commission staff a progress report and a quarterly account 

statement in a format to be provided by Commission staff, within forty-five (45) days of the 

Commission’s approval of the Plan and shall provide to Commission staff additional reports and 

quarterly account statements within ten (10) days after the end of every calendar quarter. Such 

progress reports shall inform the Commission staff of the activities and status of the Fair Fund 
18

during the reporting period, and shall specify, at a minimum, the location of the account(s) 

comprising the Fair Fund, including among other things, an interim accounting of all monies in 

the Fair Fund.

93. When the final distribution is completed, the Fund Administrator shall provide to 

Commission staff a final report summarizing all tasks undertaken and the outcome of its 

administrative efforts. The Fund Administrator shall make arrangement for the final payment of 

all Administrative Costs, and submit a final accounting of all monies received, earned, spent, and 

distributed in connection with the administration of the Plan in a format provided by the 

Commission staff. The Fund Administrator will also submit a report to the Commission staff 

containing the final distribution statistics regarding distributions to individuals and entities, and 

such other information requested by the Commission staff.

Termination of the Fair Fund

94. The Fair Fund will be eligible for termination and the Fund Administrator will be 

eligible for discharge after all of the following have occurred (a) a final accounting, in a standard 

accounting format provided by the Commission staff, has been submitted by the Fund 

Administrator and approved by the Commission; (b) all Administrative Costs have been paid; 

and (c) any amount remaining in the Fair Fund has been returned to the Commission for transfer 

to U.S. Treasury. Once the Commission has approved the final accounting, the Commission 

staff will seek an order from the Commission authorizing: (a) the transfer of any amounts 

remaining in the Fair Fund that is infeasible to return to investors, and any amounts returned to 

the Fair Fund in the future that are infeasible to return to investors, to the U.S. Treasury, subject 

to Section 21F(g)(3) of the Exchange Act; (b) discharge of the Fund Administrator; (c)

cancellation of the Fund Administrator’s bond; and (d) termination of the Fair Fund.

95. Once the Fair Fund has been terminated and funds, if any, are transferred to the 

U.S. Treasury, no further claims will be allowed, and no additional payments will be made 

whatsoever.

Miscellaneous

96. When administering this Plan, the Fund Administrator, and/or each of its 

designees, agents and assigns, may rely on all applicable law; orders issued by the Commission, 

including orders issued by delegated authority; orders issued by an administrative law judge, if 

any, appointed in this proceeding; and any records, including records containing investor 

information, provided by Commission staff. 

97. Should any additional funds be received pursuant to Commission or Court order, 

agreement, or otherwise, prior to the Commission’s termination of the Fair Fund, such funds will 

be added to the Fair Fund and distributed, if feasible, in accordance with the Plan, pursuant to the 

Commission’s Rules. 
19

Wind-down and Document Retention

98. The Fund Administrator will shut down the website, P.O. Box and customer 

service telephone line(s) established specifically for the administration of the Fair Fund six (6) 

months after the transfer of any remaining funds to the Commission, or at such earlier time as the 

Fund Administrator determines with the concurrence of the Commission staff. 

99. The Fund Administrator will retain all materials submitted by Preliminary 

Claimants in either paper or electronic form for a period of six (6) years from the date of 

approval of a final fund accounting. Materials maintained in electronic form must be accessible 

and readable for the duration of retention. Pursuant to the Commission staff's direction, the Fund 

Administrator will either turn over to the Commission or destroy all materials, including 

documents in any media, upon expiration of this period.

.
Exhibit A

PLAN OF ALLOCATION

This Plan of Allocation is designed to compensate investors based on their principal losses in 

private funds, mutual funds, CITs, or UCITS funds where AGI US employed the Structured Alpha 

options trading strategy (the “Securities”) held at any point between February 24, 2020 and March 

30, 2020, inclusive, (the “Relevant Period”) when the Securities suffered catastrophic losses due to 

the misconduct of the Respondent. A list of known Securities is provided in Table A, which may be 

expanded based on information received during the claims process.

1

Investors who did not hold 

shares of the Securities at any point during the Relevant Period, or who are an Excluded Party,

2

are 

ineligible to recover under this Plan. 

For Securities that report a net asset value per share, the Fund Administrator will calculate 

the amount of loss for each share of the Securities held at any point during the Relevant Period 

(“Recognized Loss per Share”) as follows: 

A. For each share of the Securities purchased or acquired before February 24, 2020, the 

Recognized Loss per Share is the net asset value per share on the previous trading 

day, February 21, 2020, as stated in Table A, minus the sum of the sale price (if any) 

and proceeds received from all liquidating distributions (if any). If the net asset value 

per share on February 21, 2020, is not listed in Table A, the Preliminary Claimant 

will be responsible for providing the net asset value per share as of February 21, 2020

(or the nearest preceding valuation date if the Security was not valued as of February 

21, 2020).

B. For each share of the Securities purchased or acquired between February 24, 2020,

and March 30, 2020, inclusive, the Recognized Loss per Share is the purchase price 

minus the sum of the sale price (if any) and proceeds received from all liquidating

distributions (if any).

For Securities that do not report a net asset value per share, the Fund Administrator will 

calculate the amount of loss for each share of the Securities held at any point during the Relevant 

Period (“Recognized Loss per Share”) as follows: 

C. For each share of the Securities purchased or acquired before February 24, 2020, the 

Recognized Loss per Share is the reported value of the investment on the previous 

trading day, February 21, 2020 (or the nearest preceding valuation date if the 

Securities were not valued as of February 21, 2020), minus the sum of the sales 

proceeds (if any) and proceeds received from all liquidating distributions (if any).

The Preliminary Claimant will be responsible for providing the investment value as of

1 Preliminary Claimants who submit a claim for an investment product(s) not included in Table A are responsible for 

demonstrating that AGI US employed the Structured Alpha trading strategy on those investment products during the 

Relevant Period. The Fund Administrator, in consultation with the Commission staff, will determine whether such 

investment products are Securities for purposes of this Plan. The Fund Administrator’s decision will be final. Investment 

derivatives (e.g., options, swaps, futures) linked to the Securities and short sales of the Securities are not eligible to 

recover under the Plan.

2

 All capitalized terms used herein but not defined shall have the same meanings ascribed to them in the Plan.
2

February 21, 2020 (or the nearest preceding valuation date if the share of the 

Securities were not valued as of February 21, 2020).

D. For each share of the Securities purchased or acquired between February 24, 2020,

and March 30, 2020, inclusive, the Recognized Loss per Share is the purchase price 

minus the sum of the sale proceeds (if any) and proceeds received from all liquidating 

distributions (if any).

If only a portion of the shares of the Securities were managed or advised by AGI US, the 

Recognized Loss per Share will be limited to the Recognized Loss per Share on the portion of the 

Securities managed or advised by AGI US that employed the Structured Alpha trading strategy. For 

any such Securities, the Preliminary Claimant will be responsible for demonstrating the portion of 

the Securities that were managed or advised by AGI US that employed the Structured Alpha trading 

strategy.

If the Recognized Loss per Share calculates to a negative number, reflecting a gain, the 

Recognized Loss per Share on such shares will be $0.00. 

Recognized Loss per Share will be calculated in the currency of the relevant share class, as 

provided in Table A. The Recognized Loss per Share will then be converted to US Dollars using the 

exchange rate as of 8:00 pm EDT on March 30, 2020.

All prices and liquidating distributions mentioned in the calculations exclude all taxes, fees 

and commissions. Purchases/acquisitions and sales shall be deemed to have occurred on the 

“contract” or “trade” date as opposed to the “settlement” or “payment” date.

Additional Provisions

FIFO Methodology: Transactions for a Preliminary Claimant who made multiple 

purchases/acquisitions and sales of Securities during the Relevant Period, will be matched according 

to the first-in, first-out (“FIFO”) method. The earliest sales on or after February 24, 2020 will be 

matched first against any holdings at the opening of trading on February 24, 2020. Once the 

beginning holdings have all been matched, or in the event there are no beginning holdings, then any 

further sales will be matched against the earliest purchases/acquisitions on or after February 24, 

2020 and chronologically thereafter. 

Recognized Loss: Recognized Loss will be the sum of the Recognized Loss per Share, as 

calculated above, on all shares of the Securities held at any point during the Relevant Period. 

Eligible Claimant: Any Preliminary Claimant, who is not an Excluded Party, who submitted 

a valid Claim Form and has suffered a Recognized Loss, as calculated above, will be deemed an 

Eligible Claimant.

Allocation of Funds: The Fund Administrator will calculate the amount to be distributed to 

each Eligible Claimant according to the “rising tide” methodology outlined below.
3

A. The Fund Administrator will create a list of Eligible Claimants (the “Preliminary 

List”). 

B. For each Eligible Claimant on the Preliminary List, the Fund Administrator will 

calculate his, her, or its “Individual Recovery Ratio” as his, her, or its “Prior Recovery” divided by 

his, her, or its Recognized Loss, where “Prior Recovery” is the total amount of all compensation to 

an Eligible Claimant for the loss that resulted from the conduct described in the Order that was 

received from another source (e.g., prior payments from Respondent, payments to certain investors 

identified in Section IV.D of the Order, criminal restitution, class action settlement, or private 

settlement).

3

C. Using the Preliminary List, the Fund Administrator will calculate the “Equal 

Recovery Ratio” as the sum of the Prior Recoveries for all Eligible Claimants plus the amount of the 

Net Available Fair Fund, divided by the sum of the Recognized Losses for all Eligible Claimants.

D. An Eligible Claimant on the Preliminary List whose Individual Recovery Ratio 

exceeds the Equal Recovery Ratio will be removed from the Preliminary List and will not be deemed 

a Payee under this Plan of Allocation. 

E. The Fund Administrator will re-calculate the Equal Recovery Ratio for the Eligible 

Claimants remaining on the Preliminary List as in step C. and exclude Eligible Claimants whose 

Individual Recovery Ratios exceed the re-calculated Equal Recovery Ratio as in step D. iteratively, 

until all remaining Eligible Claimants have Individual Recovery Ratios less than or equal to the recalculated Equal Recovery Ratio.

F. The Fund Administrator will calculate the distribution amount for each remaining 

Eligible Claimant by multiplying the final Equal Recovery Ratio by the Eligible Claimant’s 

Recognized Loss, and subtracting from that amount the Eligible Claimant’s Prior Recovery. 

G. An Eligible Claimant whose distribution amount is less than the “Minimum 

Distribution Amount” of $20.00 will be removed from the Preliminary List and will not be deemed a 

Payee. Steps E. and F. will be repeated until each remaining Eligible Claimant’s distribution amount

is equal to or greater than the Minimum Distribution Amount. 

Payee: An Eligible Claimant whose distribution amount equals or exceeds the Minimum 

Distribution Amount will be deemed a Payee.

Distribution Payment: All Payees will receive a Distribution Payment equal to his, her, or its

distribution amount. However, to avoid payment of a windfall, in no instance will the Distribution 

Payment be larger than the Payee’s Recognized Loss minus any Prior Recovery.

3 Liquidating distributions are subtracted in the Recognized Loss calculation and, therefore, are not considered Prior 

Recoveries in this calculation.
Table A. List of Known Securities

1

Share Class CUSIP/ISIN

February 21, 2020

Net Asset Value per Share

(in Share Class Currency)

Share Class 

Currency

Allianz GI U.S. Equity Hedged Fund

A 01880B397 19.36 USD

C 01880B389 18.52 USD

Institutional 01880B355 19.68 USD

P 01880B363 18.86 USD

AllianzGI PerformanceFee Structured US Equity Fund

Institutional 01882F479 11.70 USD

P 01882F461 11.68 USD

R6 01882F453 11.82 USD

AllianzGI PerformanceFee Structured US Fixed Income Fund

Institutional 01882F511 10.06 USD

P 01882F495 10.03 USD

R6 01882F487 10.11 USD

AllianzGI Structured Alpha fund (renamed AllianzGI Structured Return Fund)

A 01880B454 16.09 USD

C 01880B447 15.33 USD

Institutional 01880B413 16.03 USD

P 01880B421 15.89 USD

R6 01882G642 15.93 USD

Allianz Structured Alpha Strategy UCITS

I13 (EUR) LU0527948110 1,377.96 EUR

P13 (EUR) LU1282648416 1,153.53 EUR

P24 (EUR) LU1278852147 1,086.82 EUR

PT13 (EUR) LU1451583899 1,084.84 EUR

WT14 (EUR) LU1046808363 1,236.30 EUR

WT2 (EUR) LU0527948383 1,289.76 EUR

WT25 (EUR) LU0968477181 1,184.01 EUR
Table A. List of Known Securities

2

Share Class CUSIP/ISIN

February 21, 2020

Net Asset Value per Share

(in Share Class Currency)

Share Class 

Currency

Allianz Structured Alpha US Equity 250 UCITS

AT13 (EUR) LU1861128657 130.00 EUR

AT13 (H2-EUR) LU1865151614 121.49 EUR

I3 (H2-EUR) LU1645744662 1,287.24 EUR

IT14 (USD) LU1685827575 1,389.65 USD

P10 (H2-EUR) LU1645745982 1,289.34 EUR

P10 (USD) LU1645745800 1,375.55 USD

P24 (USD) LU2034161641 1,216.40 USD

PT3 (USD) LU1685827815 1,378.44 USD

RT14 (USD) LU1685828037 13.97 USD

W14 (USD) LU1645744589 1,377.33 USD

WT (H2-EUR) LU1629891893 1,308.60 EUR

WT14 (USD) LU1789841951 1,303.99 USD

WT9 (USD) LU1762658257 135,502.98 USD

Allianz Structured Return UCITS

AT13 (EUR) LU1428086174 103.84 EUR

AT13 (H2-CZK) LU1480529996 3,151.63 CZK

AT13 (H2-SEK) LU1586358365 1,031.99 SEK

AT13 (H2-USD) LU2025540910 10.41 USD

I13 (H2-USD) LU1586358449 1,130.35 USD

I14 (EUR) LU1412412576 1,051.94 EUR

I3 (EUR) LU1412423854 1,040.13 EUR

IT14 (EUR) LU1537371343 1,056.07 EUR

IT15 (EUR) LU1923143561 1,063.93 EUR

IT3 (EUR) LU1480530069 990.20 EUR

IT4 (EUR) LU1459823321 1,050.01 EUR

P10 (EUR) LU1527140252 1,034.54 EUR

P14 (EUR) LU1412407907 1,051.71 EUR

P14 (H2-GBP) LU1479563634 1,109.38 GBP

P14 (H2-USD) LU1483494107 1,121.50 USD

PT14 (H2-CHF) LU1597343588 1,049.50 CHF

PT14 (H2-USD) LU1548496295 1,145.12 USD

RT14 (EUR) LU1677199025 101.21 EUR

RT14 (H2-USD) LU1677198720 10.74 USD

RT3 (EUR) LU1652855575 102.13 EUR
Table A. List of Known Securities

3

Share Class CUSIP/ISIN

February 21, 2020

Net Asset Value per Share

(in Share Class Currency)

Share Class 

Currency

Allianz Structured Return UCITS (continued)

RT4 (EUR) LU1652854768 104.59 EUR

W13 (H2-JPY) LU1451583204 216,135.13 JPY

WT13 (H2-JPY) LU1627326256 210,292.19 JPY

WT14 (H2-SEK) LU2123283835 [see Notes] SEK

WT14 (H2-USD) LU1529949155 1,077.11 USD

Nationwide Multi-Cap Portfolio

R6 63868D860 12.07 USD

Allianz Private Funds (Preliminary Claimant must provide the net asset value of the

investment as of February 21, 2020, or the nearest preceding valuation date if the Securities 

were not valued as of February 21, 2020.)

AllianzGI Structured Alpha 1000 Plus Ltd.

AllianzGI Structured Alpha 1000 Plus LLC

AllianzGI Structured Alpha 1000 LLC

AllianzGI Structured Alpha 500 LLC

AllianzGI Structured Alpha Global Equity 500 LLC

AllianzGI Structured Alpha Global Equity 350 LLC

AllianzGI Structured Alpha U.S. Equity 500 LLC

AllianzGI Structured Alpha U.S. Equity 250 LLC

AllianzGI Structured Alpha U.S. Fixed Income 250 LLC

AllianzGI Structured Alpha Large Cap Equity 350 L.P.

AllianzGI Structured Alpha Emerging Markets Equity 350 LLC

AllianzGI Structured Alpha Multi-Beta Series LLC I

US Large Cap Series

US Small Cap Series

US Long Credit Series

US Fixed Income Series

International Equity Series

AllianzGI Structured Alpha U.S. Equity 150 CIT

AllianzGI Structured Alpha Tactical Volatility LLC

AllianzGI Structured Alpha U.S. Large Cap 150 CIT

Allianz SAS UCITS

Allianz Structured Alpha 500 UCITS
Table A. List of Known Securities

4

Allianz Structured Alpha 500 UCITS fund-of-one

Allianz Structured Alpha 250 UCITS

Notes: Allianz Structured Return UCITS class WT14 (H2-SEK) was not issued until after February 

21, 2020. ISIN LU1629891893 has two known share class names: "WT (H2-EUR)" and "WT14 

(H2-EUR)". ISIN LU1652854768 has two known share class names: "RT4 (EUR)" and "RT15 

(EUR)."