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# Other

# SEC v. Mylan, N.V. 1:19-cv-2904 (RDM) (D.D.C.)

                            Oct. 14, 2022                       

On September 27, 2019, the Commission filed a complaint (the “Complaint”) against Mylan N.V. (“Mylan), a global pharmaceutical company with its headquarters in Pennsylvania. The Complaint alleged that, Mylan violated the federal securities laws by failing to timely disclose to investors a possible loss relating to a U.S. Department of Justice (“DOJ”) probe into whether Mylan overcharged Medicaid by hundreds of millions of dollars for sales of the EpiPen Auto-Injector (“EpiPen”) by misclassifying EpiPen as a “generic” or “non-innovator” drug. See Complaint.

On October 1, 2019, Mylan was ordered to pay, and has paid, a $30 million civil money penalty to the Commission. The Commission was ordered to hold all funds, together with interest and income earned thereon, pending further order of the Court. See Mylan’s Final Judgment. 

On February 19, 2020, the Court entered an order establishing a Fair Fund for the civil money penalty paid by Mylan (the “Fair “Fund) and, appointing Miller Kaplan Arase LLP as the Tax Administrator to fulfill the tax obligations of the Fair Fund. See the Court’s Order. On the same day, the Court entered an Order appointing RCB Fund Services LLC as the Distribution Agent to oversee the administration and distribution of the Fair Fund to harmed investors. See the Court’s Order.

On August 10, 2021, the Commission filed a motion to approve a distribution plan, together with the proposed distribution plan (the “Proposed Plan”). See the Commission’s Motion with the supporting documents.

On August 17, 2021, the Court issued an order that approved the Plan. See the Court’s Order and the Plan

The Plan provides that the distribution of the Fair Fund shall be made to investors who purchased Mylan common stock between March 2, 2015 and September 1, 2016. Claim forms can be found at: www.mylanfairfund.com and must be postmarked by March 21, 2022.

For more information, please contact the Distribution Agent:

RCB Fund Services, LLCTelephone Number: 800-678-0888Website: mylanfairfund.comEmail: info@mylanfairfund.com

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