Welcome to the Super Micro Computer, Inc. Fair Fund Website
This website has been established to provide general information related to the Super Micro Computer, Inc. Fair Fund, the Fair Fund established in the United States Securities and Exchange Commission Proceedings (the "Administrative Proceedings"):
Super Micro Computer, Inc., Admin. Proc. No. 3-19927 (August 25, 2020)
Howard Hideshima, Admin. Proc. No. 3-19928 (August 25, 2020)
If you purchased or acquired Super Micro Computer Inc. common stock, listed on the Over- the-Counter Market and the Nasdaq Stock Market, LLC and traded under the trading symbol SMCI, during the period October 22, 2014 through January 30, 2018, inclusive, you may be eligible for a distribution from the Fair Fund created in the administrative proceedings identified above (the “Fair Fund”). Please review the Plan Notice in full (available on the Important Documents tab) to determine if and how you can make a claim.
On August 25, 2020, the Securities and Exchange Commission (“SEC”) instituted the settled Administrative Proceedings against Super Micro Computer, Inc. Howard Hideshima (collectively, the "Respondents"). In the resulting orders (the "Orders"), entered upon the Respondents’ consents, the SEC determined that Super Micro Computer, Inc. (“SMC”), a producer of computer servers headquartered in California, engaged in improper accounting—prematurely recognizing revenue and understating expenses from at least fiscal year (“FY”) 2015 through FY 2017. As a result, SMC filed with the SEC materially misstated financial statements in its annual, quarterly and current reports during the period. The SEC further determined, among other things, that Howard Hideshima, the former Chief Financial Officer of SMC, signed and/or approved annual, quarterly and current reports with the SEC that contained materially misstated financial statements. As a result of the conduct described in the Orders, the Commission ordered SMC to pay a civil money penalty of $17,500,000.00, and Hideshima to pay disgorgement of $260,844.00, prejudgment interest of $40,212.00, and a civil money penalty of $50,000.00 to the SEC. The SEC established the Fair Fund pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, so the collected civil penalties could be distributed to investors harmed by the conduct described in the Orders.
The Fair Fund is comprised of $17,851,056.00 paid by SMC and Hideshima and is held in an interest-bearing account at the United States Department of the Treasury’s Bureau of the Fiscal Service.
The Fair Fund is being distributed by KCC Class Action Services (“KCC”), the appointed fund administrator, in accordance with the distribution plan approved by the SEC (the “Plan”). You can view and download a copy of the Plan on the Important Documents tab of this website, or on the SEC’s website at https://www.sec.gov/litigation/admin/2021/34-91507-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 KCC through the contact information set forth on the Contact Us tab on this website.