UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 94170 / February 7, 2022

ADMINISTRATIVE PROCEEDING

File No. 3-19927

In the Matter of

Super Micro Computer, Inc.,

Respondent.

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ORDER APPROVING AMENDED

PLAN OF DISTRIBUTION

ADMINISTRATIVE PROCEEDING

File No. 3-19928

In the Matter of

Howard Hideshima,

Respondent.

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On February 3, 2021, the Division of Enforcement (the “Division”), pursuant to 

delegated authority, published a Notice of Proposed Plan of Distribution and Opportunity for 

Comment (the “Notice”)1pursuant to Rule 1103 of the Commission’s Rules on Fair Fund and 

Disgorgement Plans (“Commission’s Rules”).2 The Notice advised interested persons that they 

could obtain a copy of the Proposed Plan of Distribution (the “Proposed Plan”) from the 

Commission’s public website at http://www.sec.gov/litigation/fairfundlist.htm or by submitting a 

written request to Catherine E. Pappas, United States Securities and Exchange Commission, One 

Penn Center, 1617 JFK Blvd., Ste. 520, Philadelphia, PA 19103.

The Notice also advised that all persons desiring to comment on the Proposed Plan could 

submit their comments, in writing, no later than thirty (30) days from the publication of the 

 

1

 Exchange Act Rel. No. 91046 (Feb. 3, 2021).

2

 17 C.F.R. § 201.1103.
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Notice (1) to the Office of the Secretary, United States Securities and Exchange Commission, 

100 F Street, NE, Washington, DC 20549-1090; (2) by using the Commission’s Internet 

comment form (http://www.sec.gov/litigation/admin.shtml); or (3) by sending an e-mail to rulecomments@sec.gov. 

The Proposed Plan provides for the distribution of the Net Available Fair Fund3to 

investors who purchased the Security during the Relevant Period and suffered an Eligible Loss 

Amount as calculated under the Methodology used in the Plan of Allocation.

The Commission received no comments on the Proposed Plan during the comment 

period. On April 8, 2021, the Division, pursuant to delegated authority, issued an order 

approving the Proposed Plan and simultaneously posted the approved Plan of Distribution (the 

“Plan”). 

Upon implementation of the Plan, the Fund Administrator, in consultation with the 

Commission staff, found an inconsistency between the Methodology paragraph4and the Market 

Loss Limitation paragraph in the Additional Provisions section of the Plan.

5

 Application of both 

provisions would have resulted in inconsistent results. 

Paragraph 112 of the Plan, requires amendment of the Plan prior to implementation of 

any material change.

The Division, in consultation with the Fund Administrator, now proposes to amend

paragraph 45 of the Plan to correct the Market Loss Limitation provision to ensure that the 

Methodology as approved in the Plan, is properly applied and the Market Loss Limitation 

provision is consistent with the Methodology. 

Accordingly, it is hereby ORDERED, pursuant to paragraph 112 of the Plan, that the Plan 

is modified as described herein, and the approved Amended Plan of Distribution shall be posted 

simultaneously with this Order on the Commission’s website at www.sec.gov.

By the Commission.

Vanessa A. Countryman

Secretary

 

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

Plan.

4

 Plan, ¶ 38.

5

 Plan, ¶ 45.