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The original case charged Alliance with permitting rampant market timing between January 2001 and September 2003 in its mutual funds, contrary to those funds public disclosures. In 2004, Alliance paid $250 million in disgorgement and civil penalties. Then, in 2006 settled a civil injunctive action against Daniel Calugar and Securities Brokerage, for a total of $153 million. Of this, $70.38 million was set aside to repay Alliance mutual funds investors who Securities Brokerage harmed.
This fair fund distribution further demonstrates the SECs commitment to distributing disgorgement and penalties from those who violate the securities laws to the investors they harmed, said Kay Lackey, associate regional director with the SECs New York office.
Since 2002, the SEC has distributed more than $4 billion to investors through fair funds distributions.