UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 81624 / September 14, 2017

ADMINISTRATIVE PROCEEDING 

File No. 3-17793

In the Matter of

Brian McCollum 

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 Remedies (“Order”)1against Brian 

McCollum (“McCollum”). The Order required McCollum to pay a $35,000.00 civil money 

penalty. 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 

 

1

 Exchange Act Rel. No. 79819 (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.
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the Orthofix Matter, in order for the combined fair funds to be distributed to harmed investors 

affected by the same violative conduct.

McCollum has paid $35,000.00 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 Kenneth Mack and Bryan McMillan, 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, Exchange Act Rel. No. 79820 (Jan. 18, 2017), Admin. Proc. File No. 3-

17794.

4

 Exchange Act Rel. No. 80352 (Mar. 31, 2017).