UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 81623 / September 14, 2017

ADMINISTRATIVE PROCEEDING 

File No. 3-17794

In the Matter of

Kenneth Mack and Bryan McMillan

Respondent.

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SECOND EXTENSION ORDER

The Division of Enforcement (“Division”) has requested a second extension of time 

until March 15, 2018 to submit a Proposed Plan of Distribution under Rule 1101(a) of the 

Commission’s Rules on Fair Fund and Disgorgement Plans, 17 C.F.R. § 201.1101(a).

On January 18, 2017, the Commission issued an Order Instituting Cease-and-Desist 

Proceedings Pursuant to Section 21C of the Securities Exchange Act of 1934, Making 

Findings, and Imposing Cease-and-Desist Orders and Penalties (“Order”)1against Kenneth 

Mack (“Mack”) and Bryan McMillan (“McMillan”). The Order required Mack and McMillan

to pay a $40,000.00 and $25,000.00 civil money penalty, respectively. The Order also created 

a fair fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, as amended, so the 

penalties could be distributed to harmed investors (the “Fair Fund”). The Order further 

provided that the Fair Fund could be added or combined with the fair fund established In the 

Matter of Orthofix International, N.V. (“Orthofix Matter”)2and/or added to or combined with 

fair funds established for the civil penalties paid by other respondents for conduct arising in 

relation to the violative conduct described in the Order or the Orthofix Matter, in order for the 

 

1

 Exchange Act Rel. No. 79820 (Jan. 18, 2017).

2

 See Order Instituting Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933 and 

Section 21C of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions and a 

Cease-and-Desist Order, Securities Act Rel. No. 10281 (Jan. 18, 2017), Admin. Proc. File No. 3-17791.
2

combined fair funds to be distributed to harmed investors affected by the same violative 

conduct.

Mack and McMillan have paid $40,000.00 and $25,000.00, respectively, as ordered 

into the Fair Fund, and monies paid in the Orthofix Matter and two other related cases3 will be 

combined with the fair fund in the Orthofix Matter, for a total of $8,370,000.00, for 

distribution to harmed investors.

On March 31, 2017, the Commission issued an order extending the Division’s time 

until September 15, 2017 to submit a Proposed Plan of Distribution.4In its second request for 

an extension of time, the Division states that it needs additional time to complete the 

appointment of the fund administrator in this matter and to allow for time to develop a 

proposed plan of distribution. 

Accordingly, for good cause shown, IT IS HEREBY ORDERED that the Division’s 

request for an extension of time until March 15, 2018 to submit a Proposed Plan of 

Distribution is granted.

For the Commission, by its Secretary, pursuant to delegated authority. 

Brent J. Fields

Secretary

 

3

 See In the Matter of Jeffrey Hammel, CPA, Order Instituting Public Administrative and Cease-and-Desist 

Proceedings Pursuant to Section 8A of the Securities Act of 1933, Sections 4C and 21C of the Securities 

Exchange Act of 1934, and Rule 102(e) of the Commission’s Rules of Practice, Making Findings and Imposing 

Remedial Sanctions and a Cease-and-Desist Order, Securities Act Rel. No. 10282 (Jan. 18, 2017), Admin. Proc. 

File No. 3-17792 and In the Matter of Brian McCollum, Order Instituting Cease-and-Desist Proceedings Pursuant 

to Section 21C of the Securities Exchange Act of 1934, Making Findings, and Imposing Cease-and-Desist Orders 

and Remedies, Exchange Act Rel. No. 79819 (Jan. 18, 2017), Admin. Proc. File No. 3-17793.

4

 Exchange Act Rel. No. 80354 (Mar. 31, 2017).