Welcome to the BMW Fair Fund Website
SEC ADMINISTRATIVE PROCEEDING File No. 3-20060
This website has been established to provide general information related to the BMW Fair Fund, the Fair Fund established in the United States Securities and Exchange Commission ("SEC" or “Commission”) Proceedings.
The administration of the Fair Fund is governed by a Plan of Distribution (“Plan”) which was approved by the Commission on November 22, 2023. A copy of the approved Plan, which contains a description of eligibility and other conditions of participation, can be found on the Case Documents tab. This Plan provides for the distribution of a Fair Fund (the “Fair Fund”), comprised of civil money penalties paid by Bayerische Motoren Werke, Aktiengesellschaft (“BMW AG”), BMW of North America, LLC (“BMW NA”), and BMW US Capital, LLC (“BMW USC”), (collectively, the “Respondents”).
If you purchased or otherwise acquired certain debt securities offered by BMW USC in private placement transactions identified in Appendix A of the Notice (the “Securities”) over the period of time between April 11, 2016 and September 24, 2020 (the “Relevant Purchase Period”), you may be entitled to receive payment from the Fair Fund, subject to other provisions of the Plan. For purposes of calculating an investor’s compensable allocation amount the period of time between April 11, 2016 and February 28, 2023 (the “Relevant Period”) will be used. Please review the Plan Notice in full (available on the Case Documents tab of this website) to determine if and how you can make a claim.
The Fair Fund was established by the Commission to compensate investors who were harmed by the Respondents’ conduct described in the Order.
Approximately $18 million is available for distribution to harmed investors.
On September 14, 2022, the Commission appointed KCC Class Action Services, LLC (“KCC”) as the Fund Administrator to administer the distribution, including the claims process.
The Commission approved the Plan of Distribution on November 22, 2023.
Additional Links:
To view the SEC Harmed Investor page, please use the following link: https://www.sec.gov/enforcement/information-for-harmed-investors/bmw
You can view and download a copy of the Plan on the Case Documents tab of this website, or on the SEC’s website https://www.sec.gov/files/litigation/admin/2023/34-99016-dp.pdf
You can get further information about the Fair Fund and the claims process on the Frequently Asked Questions tab on this website.
If you have additional questions after reviewing the information on this website, please contact the Fund Administrator, KCC, through the contact information set forth on the Contact Us tab on this website.