UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

ADMINISTRATIVE PROCEEDING 

File No. 3-20526

In the Matter of

Frontier Wealth Management, LLC 

and Shawn Sokolosky

Respondents.

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PLAN OF DISTRIBUTION

I. OVERVIEW

1. The Division of Enforcement has prepared this 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 disgorgement, prejudgment interest, and civil money penalties paid by 

Frontier Wealth Management, LLC and Shawn Sokolosky (collectively, the “Respondents”) in 

the above-captioned matter.1 

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

who were harmed, by the Respondents’ conduct described in the Order, in connection with 

management fees paid in connection with investments made in the Frontier Permo Fund. Based 

on information obtained by the Commission staff during its investigation and the review and 

analysis of applicable records, the Commission staff has reasonably concluded that it has all 

records necessary to calculate each investor’s harm. As a result, the Fair Fund is not being 

distributed according to a claims-made process, so procedures for making and approving claims 

in accordance with Rule 1101(b)(4) of the Commission’s Rules, 17 C.F.R. § 201.1101(b)(4) are 

not applicable.

3. As calculated using the methodology detailed in the Plan of Allocation (attached 

as Exhibit A), investors will be compensated based on management fees paid in connection with 

their investment in the Frontier Permo Fund (the “Security”) from February 1, 2016 through 

February 28, 2018, inclusive (the “Relevant Period”). 

1 See Order Instituting Administrative and Cease-and-Desist Proceedings, Pursuant to 8A of the Securities Act of 

1933, Sections 203(e), 203(f) and 203(k) of the Investment Advisers Act of 1940, and Section 9(b) of the Investment 

Company Act of 1940, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order, 

Securities Act Rel. No. 10978 (Sept. 3, 2021) (the “Order”).
2

4. In the view of the Commission staff, this methodology constitutes a fair and 

reasonable allocation of the Fair Fund. 

5. 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.

II. BACKGROUND

6. On September 3, 2021, the Commission issued the Order instituting and 

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

In the Order, the Commission found that from January 2016 to February 2018, Frontier failed to 

adopt and implement written policies and procedures reasonably designed to prevent its 

investment advisory representatives (“IARs”) from recommending certain types of complex 

products to clients for whom they were not suitable. In total, the Commission ordered the 

Respondents to pay $261,617 in disgorgement, $47,095 in prejudgment interest, and $450,000 in 

civil money penalties, for a collective total of $758,712, to the Commission. The Commission 

also created the Fair Fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, so the 

penalties paid, along with the disgorgement and interest paid, can be distributed to harmed 

investors.

7. The Respondents have paid in full. 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:

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

including without limitation tax obligations, the fees and expenses of the Tax Administrator and 

Third-Party, and investment and banking costs. 

9. “Certification Form” means the form that will be emailed or mailed to each 

Preliminary Claimant in order to confirm his, her, or its calculated Recognized Loss, the name 

and mailing address of the payee to which a Distribution Payment should be issued, if applicable. 

The Certification Form may be accompanied by tax forms, as required, relating to the tax 

treatment of any distribution.

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

accordance with the terms of this Plan.

11. “Eligible Claimant” means a Preliminary Claimant, who is determined to have 

suffered a Recognized Loss, pursuant to the Plan of Allocation, and who is not an Excluded 

Party or an Unresponsive Preliminary Claimant.
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12. “Excluded Party” shall mean: (a) the Respondents, and Respondents’ advisers, 

agents, nominees, assigns, creditors, heirs, distributees, spouses, parents, children, or controlled 

entities; (b) the Third-Party, its employees, and those Persons assisting the Third-Party in its role 

as the Third-Party; and (c) 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.

13. “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 Respondents’ 

violations described in the Order. 

14. “Final Determination Notice” means the written notice sent by the Fund 

Administrator to (a) any Preliminary Claimant who timely submitted a written dispute of his, her, 

or its calculated Recognized Loss notifying the Preliminary Claimant of her resolution of the 

dispute; and (b) those Preliminary Claimants who have not responded to the Plan Notice by 

returning the Certification Form and/or any other requested documentation, as described in 

paragraph 40 notifying the Preliminary Claimant that he, she, or it has been deemed an 

Unresponsive Preliminary Claimant. The Fund Administrator will not send a Final 

Determination Notice to a Preliminary Claimant, if his, her, or its Plan Notice was returned as 

“undeliverable.” The Final Determination Notice will constitute the Fund Administrator’s final 

ruling regarding the status of the claim.

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

less Administrative Costs. 

16. “Payee” means an Eligible Claimant whose distribution amount is equal to or 

greater than $10.00, as calculated in accordance with the Plan of Allocation, who will receive a 

Distribution Payment.

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

partnerships, or limited liability companies.

18. “Plan Notice” means a written notice from the Third-Party to each Preliminary 

Claimant regarding the Commission’s approval of the Plan, including, as appropriate: a 

statement characterizing the distribution; a link to the approved Plan posted on the Commission’s 

website and instructions for requesting a copy of the Plan; a Certification Form, along with 

specification of any additional information needed from the Preliminary Claimant to prevent 

him, her, or it from being deemed an Unresponsive Preliminary Claimant; his, her, or its 

preliminary Recognized Loss; a description of the tax information reporting and other related tax 

matters; the procedure for the distribution as set forth in the Plan; and the name and contact 

information for the Fund Administrator as a resource for additional information or to contact 

with questions regarding the distribution. 

19. “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 as Exhibit A. 
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20. “Preliminary Claimant” means a Person, or their lawful successors, identified 

by the Fund Administrator based on its review and analysis of applicable records obtained by the 

Commission staff during its investigation, who may have suffered a loss as a result of 

management fees paid in connection with investments made in the Security during the Relevant 

Period.

21. “Recognized Loss” means the amount of loss calculated for a Preliminary 

Claimant in accordance with the Plan of Allocation.

22. “Relevant Period” is from February 1, 2016 through February 28, 2018, 

inclusive.

23. “Security” means the Frontier Permo Fund.

24. “Third-Party” means the third party engaged by the Fund Administrator to 

perform some of the administrative tasks associated with implementing the Plan.

25. “Unresponsive Preliminary Claimant” means a Preliminary Claimant whose 

address the Third-Party has not been able to verify and/or who does not timely respond to the 

Third-Party’s attempts to obtain information, including any information sought in the Plan 

Notice and Certification Form. Unresponsive Preliminary Claimants will not be eligible for a 

distribution under the Plan.

IV. TAX COMPLIANCE

26. On January 18, 2023, 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.

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 The Tax Administrator will be compensated for reasonable fees and expenses 

from the Fair Fund in accordance with its 2022-2024 Engagement Letter Agreement with the 

Commission.3

27. 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 

2 See Order Appointing Tax Administrator, Exchange Act Rel. No. 96692 (Jan. 18, 2023).

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).
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(c) Fulfilling any information reporting or withholding requirements imposed 

on distributions from the Fair Fund.

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

approval of Commission staff.

V. FUND ADMINISTRATOR

29. Jennifer Cardello is the fund administrator for the Fair Fund (“Fund 

Administrator”). As a Commission employee, the Fund Administrator shall receive no 

compensation, other than her regular salary as a Commission employee, for her services in 

administering the Fair Fund. In accordance with Rule 1105(c) of the Commission’s Rules,4no 

bond is required since the Fund Administrator is a Commission employee.

30. 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 

obtain accurate mailing information for Preliminary Claimants; disseminating the Plan Notice

and Certification Form; preparing accountings; cooperating with the Tax Administrator 

appointed by the Commission to satisfy any tax liabilities and to ensure compliance with income 

tax reporting requirements, including but not limited to Foreign Account Tax Compliance Act 

(FATCA); disbursing the Fair Fund in accordance with this Plan, as ordered by the Commission; 

and researching and reconciling errors and reissuing payments, when possible. The Fund 

Administrator will engage the Third-Party, Analytics Consulting LLC, to perform some of the 

administrative tasks associated with implementing the Plan in the amount of $6,136. The ThirdParty’s fees and expenses will be paid from the Fair Fund as an Administrative Cost, pursuant to 

a cost proposal submitted to and approved by the Commission staff.

31. 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.

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

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

VI. PLAN PROCEDURES

Specification of Preliminary Claimants

33. Using information obtained during its investigation, the Commission has 

identified the Preliminary Claimants. Preliminary Claimants are limited to only those Persons 

who may have suffered a loss as a result of paying management fees associated with investment 

in the Security during the Relevant Period. 

4 17 C.F.R. § 201.1105(c).
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Procedures for Locating and Notifying Preliminary Claimants

34. Within thirty (30) days of Commission approval of the Plan, the Third-Party will 

send the Plan Notice to each Preliminary Claimant’s last known email address (if known) and/or 

mailing address.

Undeliverable Mail

35. If any mailing is returned as undeliverable, the Third-Party will make the best 

practicable efforts to ascertain a Preliminary Claimant’s correct address. If another address is 

obtained, the Third-Party will then resend it to the Preliminary Claimant’s new address within

ten (10) days of receipt of the returned mail. If the mailing is returned again, and the ThirdParty, despite best practicable efforts, is unable to find a Preliminary Claimant’s correct address, 

the Fund Administrator, in consultation with the Third-Party, may deem such Preliminary 

Claimant an Unresponsive Preliminary Claimant. 

36. Any Preliminary Claimant who relocates or otherwise changes contact 

information after receipt of the Plan Notice must promptly communicate any change in address 

or contact information to the Fund Administrator.

Procedures to Request Plan Notice

37. Any Person who does not receive a Plan Notice, as described in paragraph 34, but 

who is aware of this Plan (e.g., through other Preliminary Claimants or on www.sec.gov) and 

believes they should be included as a Preliminary Claimant should contact the Fund 

Administrator within forty-five (45) days from the approval of the Plan to establish that they 

should be considered a Preliminary Claimant. The Fund Administrator will direct the ThirdParty to send the Person a Plan Notice within fifteen (15) days of receiving the Person’s 

documentation, if the Fund Administrator determines that the Person should have received a Plan 

Notice.

Certification Requirement by Preliminary Claimants and Failure to Respond to Plan 

Notice

38. In order to maintain classification as a Preliminary Claimant, the Certification 

Form must be signed by the Preliminary Claimant under penalty of perjury under the laws of the 

United States and returned to the Fund Administrator by the deadline stated in the Plan Notice. 

The Certification Form must be executed by the Preliminary Claimant, unless the Fund 

Administrator accepts such Certification Form from a successor, heir, administrator, or other 

Person authorized to act on the Preliminary Claimant’s behalf. Those authorized to act on behalf 

of Preliminary Claimants will be eligible to participate in the distribution to the same extent the 

original investor would have been eligible under the terms of the Plan. 

39. The Fund Administrator will review all Certification Forms. Each Preliminary 

Claimant will have the burden of proof to establish their identity as a Preliminary Claimant, or 

his, her, or its successor. The Fund Administrator will have the right to request, and the 
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Preliminary Claimant will have the burden of providing to the Fund Administrator, any 

additional information and/or documentation deemed relevant by the Fund Administrator.

40. If a Preliminary Claimant fails to return the Certification Form and/or any 

requested tax forms, as requested in the Plan Notice, within forty-five (45) days from the initial 

emailing and/or mailing of the Plan Notice, the Fund Administrator will make no fewer than two 

(2) attempts to contact the Preliminary Claimant by telephone or email, if known to the Fund 

Administrator. If a Preliminary Claimant fails to respond to the Fund Administrator’s contact 

attempts as described in this paragraph, the Fund Administrator, in her discretion, may remove 

such Preliminary Claimant from the distribution, deem such Preliminary Claimant an 

Unresponsive Preliminary Claimant, and such Preliminary Claimant’s allocated amount of the 

Net Available Fair Fund will remain in the Fair Fund.

Dispute Process

41. Disputes will be limited to Preliminary Claimant’s Recognized Loss calculation. 

Within forty-five (45) days of the emailing and/or mailing of the Plan Notice, the Fund 

Administrator must receive the Certification Form and a written communication detailing any 

dispute along with supporting documentation. The Fund Administrator will investigate any

dispute. Such investigation will include a review of the written dispute as well as any supporting 

documentation.

Final Determination Notice

42. Within one hundred thirty (130) days of Commission approval of the Plan, the 

Fund Administrator, in consultation with the Third-Party will send a Final Determination Notice 

to (a) any Preliminary Claimant who timely submitted a written dispute as descried in paragraph 

41 above, notifying the Preliminary Claimant of her resolution of the dispute; and (b) those 

Preliminary Claimants who have not responded to the Plan Notice, as describe in paragraph 40

above, notifying the Preliminary Claimant that he, she, or it has been deemed an Unresponsive 

Preliminary Claimant. Those Preliminary Claimants whose Plan Notices were returned as 

undeliverable will not receive a Final Determination Notice.

Distribution Methodology

43. The Fund Administrator will calculate each Preliminary Claimant’s Recognized 

Loss in accordance with the Plan of Allocation. All Preliminary Claimants who are determined 

to have a Recognized Loss, and who are not deemed an Excluded Party or an Unresponsive 

Preliminary Claimant will be deemed an Eligible Claimant. 

44. No Distribution Payments will be made for less than $10.00. If an Eligible 

Claimant’s distribution amount calculates to less than $10.00, in accordance with the Plan of 

Allocation, that Eligible Claimant will be deemed ineligible to receive a Distribution Payment 

and his, her, or its distribution amount will be reallocated on a pro rata basis to Eligible 

Claimants whose distribution amounts are greater than or equal to $10.00. All Eligible 

Claimants whose distribution amount is equal to or greater than $10.00, as calculated in 
8

accordance with the Plan of Allocation, will be deemed a Payee and receive a Distribution 

Payment.

Establishment of a Reserve

45. 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”).

46. After all Distribution Payments are made and Administrative Costs paid, any 

remaining amounts in the Reserve will become part of the Residual described in paragraph 58

below. 

Preparation of the Payment File

47. Within one hundred eighty (180) days of Commission approval of the Plan, 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 Escrow Account

48. Prior to the disbursement of funds from the Net Available Fair Fund, the ThirdParty will establish an escrow account at a United States commercial bank that is a wellcapitalized 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”) provided by the Commission staff.

Distribution of the Fair Fund

49. Pursuant to Rule 1101(b)(6) of the Commission’s Rules, 17 C.F.R. § 

201.1101(b)(6), the Commission staff will obtain an order from the Commission to disburse 

funds from the Net Available Fair Fund to the Bank in accordance with the Payee List for 

distribution by the Third-Party in accordance with the Plan. Pursuant to the order, the funds will 

be transferred to the Bank, and the Third-Party will be responsible for issuing Distribution 

Payments to Payees in accordance with the Payee List. For any electronic payment, the exact 

amount necessary to make a payment shall be transferred directly to the Payee’s bank account in 

accordance with written instructions provided to the Bank by the Third-Party.

50. 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 54.
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51. All Distribution 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 Third Party for 

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

characterizing a Distribution Payment will be prepared by the Tax Administrator and provided to 

the Commission staff for review and approval. 

52. 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.

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

53. The Third-Party 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 Third-Party as “undeliverable.” If new address information becomes available, the ThirdParty 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 Third-Party shall instruct the issuing financial 

institution to stop payment on such check. If the Third-Party is unable to find a Payee’s correct 

address, the Fund Administrator, in consultation with the Third-Party, in her 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.

54. The Fund Administrator will direct the Third-Party to reissue checks or electronic 

payments to Payees upon the receipt of a valid, written request from the Payee if 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 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 direct the Third-Party 

to issue an appropriately redrawn Distribution Payment to the requesting party. In no event will 

a check be reissue after the stale date of the original check without the approval of Commission 

staff.

55. The Third-Party will work with the Bank and maintain information about 

uncashed checks and any returned items due to non-delivery, insufficient addresses, and/or other 

deficiencies. The Third-Party is responsible for researching and reconciling errors and reissuing 

payments when directed by the Fund Administrator. The Third-Party is also responsible for 
10

accounting for all payments. The amount of all uncashed and undelivered payments will 

continue to be held in the Fair Fund. 

56. The Fund Administrator will make and document her best efforts to contact 

Payees to follow-up on the status of uncashed distribution checks over $100 (other than those 

returned as “undeliverable”) and take appropriate action to follow-up on the status of uncashed 

checks at the request of Commission staff. The Fund Administrator may direct the Third-Party 

to reissue such checks, subject to the time limits detailed herein.

Disposition of Undistributed Funds

57. If funds remain following the initial distribution, the Fund Administrator, in 

consultation with the Commission staff, may seek subsequent distribution(s) of any available 

remaining funds, pursuant to the Commission’s Rules. All subsequent distributions shall be 

made in a manner that is consistent with this Plan. 

58. A residual will be established for any amounts remaining after the final 

disbursement to Payees from the Fair Fund and the payment of all Administrative Costs (the 

“Residual”). The Residual may include funds from, among other things, amounts remaining in 

the Reserve, distribution checks that have not been cashed, checks or electronic payments that 

were not delivered or were returned to the Commission, and tax refunds received due to the Fair 

Fund’s overpayment of taxes or for waiver of IRS penalties.

59. Once the Fund Administrator, in consultation with the Commission staff, deems 

further distribution of the Fair Fund to investors infeasible, the Third-Party will direct any 

uncashed Distribution Payments to be voided, and return any remaining funds disbursed to the 

Bank in paragraph 49 above, to the Commission to be added to the Residual.

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

will be transferred to the U.S. Treasury, subject to Section 21F(g)(3) of the Securities Exchange 

Act of 1934 (the “Exchange Act”), after the final accounting is approved by the Commission. 

Returning such money to the Respondents would be inconsistent with the equitable principle that 

no Person should profit from their wrongdoing. Therefore, in these circumstances distributing 

disgorged funds to the U.S. Treasury is the most equitable alternative.

Administrative Costs

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

Commission’s Rules. 

Filing of Reports and Accountings

62. When all funds have been disbursed, except for the Residual described in 

paragraph 58 of the Plan, the Third-Party will submit to the Fund Administrator a final report 

(the “Third-Party Final Report”) that includes an accounting of all funds disbursed to the Bank. 

The Third-Party Final Report will include, at a minimum, the number and total amount of 
11

Distribution Payments sent to Payees, and the number and total amount of Distribution Payments 

successfully disbursed (i.e., cashed or electronically transferred) to Payees, and the amount of 

funds returned to the Commission, pursuant to paragraph 59 above. The Third-Party Final

Report must be endorsed by a declaration executed by the Third-Party under penalty of perjury 

under the laws of the United States.

63. Upon receipt of the Third-Party’s Final Report described above, the Fund 

Administrator will submit a final accounting pursuant to Rule 1105(f) of the Commission’s 

Rules, 17 C.F.R. § 201.1105(f), for the Commission’s approval prior to termination of the Fair 

Fund and discharge of the Fund Administrator. Since the Fund Administrator is a Commission 

employee, no interim accountings will be made.

Termination of the Fair Fund

64. 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 the Residual that is 

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

infeasible to return to investors, to the general fund of the U.S. Treasury, subject to Section 

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

the Fair Fund.
Exhibit A

PLAN OF ALLOCATION

This Plan of Allocation1is designed to compensate investors based on the management 

fees paid in connection with their investment in the Frontier Permo Fund (the “Security”) from 

February 1, 20162through February 28, 2018, inclusive (the “Relevant Period”), due to the 

misconduct of the Respondents. Investors who did not hold the Security during the Relevant 

Period or who are an Excluded Party are ineligible to recover under this Plan. Based upon 

records obtained by the Commission during its investigation, the Fund Administrator has 

identified those investors, or their lawful successors, who may have suffered a loss as a result of 

management fees paid in connection with investments made in the Security during the Relevant 

Period (the “Preliminary Claimants”). 

Each Preliminary Claimant’s loss (“Recognized Loss”) will be calculated as follows:

A. The sum of actual management fees paid by the Preliminary Claimant in 

connection with their investment in the Security from February 1, 2016 through 

June 30, 2017, as recorded by the Respondent, plus,

B. The sum of estimated management fees paid by the Preliminary Claimant from 

July 1, 2017 through February 28, 2018. Estimated management fees will be 

calculated by allocating the management fees reported by Frontier Permo Fund, 

LLC in its audited financial statements to each Preliminary Claimant 

proportionally to each Preliminary Claimant’s monthly capital balance. 

Any Preliminary Claimant who suffered a Recognized Loss pursuant to this Plan of 

Allocation, and who is not an Excluded Party or an Unresponsive Preliminary Claimant will be 

deemed an Eligible Claimant.

Additional Provisions

Allocation of Funds: Each Eligible Claimant’s distribution amount will equal his, her or 

its Recognized Loss, plus any “Reasonable Interest” awarded. The distribution amount will be 

subject to the “Offset for Prior Recovery” and the “Minimum Distribution Amount.”

Offset for Prior Recovery: To avoid payment of a windfall, an Eligible Claimant’s 

distribution amount will be no larger than his, her, or its Recognized Loss minus the amount of 

any compensation for the loss that resulted from the conduct described in the Order that was 

received from another source (e.g., class action settlement), to the extent known by the Fund 

Administrator (“Prior Recovery”), plus any “Reasonable Interest” awarded. That is, the 

distribution amount will be capped at the Recognized Loss less the Prior Recovery, plus any 

“Reasonable Interest” awarded.

1

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

2 The Permo Fund commenced operations on February 1, 2016.
2

Reasonable Interest: The Fund Administrator may include interest in the distribution 

amount to compensate for the time value of money. Reasonable Interest will be calculated using 

the Short-term Applicable Federal Rate plus three percent (3%), compounded quarterly from the 

end of the Relevant Period through the approximate date of the disbursement of the funds. If 

there are insufficient funds to pay Reasonable Interest in full to all Eligible Claimants, 

Reasonable Interest will be awarded on a pro-rata basis from the excess funds in proportion to 

the distribution amount.

Minimum Distribution Amount: The Minimum Distribution Amount will be $10.00. An 

Eligible Claimant whose distribution amount is less than the Minimum Distribution Amount will 

be deemed ineligible and his, her or its distribution amount will be reallocated on a pro-rata

basis to Eligible Claimants whose distribution amounts are greater than or equal to 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: Each Payee will receive a Distribution Payment equal to his, her or 

its distribution amount.