If you paid management advisory fees to Pinnacle from January 1, 2015, through December 31, 2018, inclusive (the “Relevant Period”) and you would like to be considered for eligibility to share in the Fair Fund distribution, you must complete and submit a Certification Form on or before 11:59 p.m. Eastern Standard Time on October 17, 2025 (the “Certification Form Deadline”). If you choose to submit a Certification Form by mail, the completed Certification Form must be postmarked (or if not sent by U.S. Mail, received) by the Certification Form Deadline.
BACKGROUND
On May 5, 2023, the SEC instituted and simultaneously settled administrative and cease-and-desist proceedings (the “Order”) against Pinnacle Investments, LLC (“Pinnacle” or the “Respondent”). In the Order, the SEC found that Pinnacle, a registered investment adviser and broker-dealer, made false and misleading statements in SEC filings regarding reviews of advisory client accounts; failed to adequately disclose its conflicts of interests in connection with the outside business activities and related compensation arrangements of an Investment Adviser Representative with an affiliated fund; failed to adopt and implement policies and procedures reasonably designed to prevent violations of the Advisers Act concerning reviews of client accounts and conflicts of interest; and failed to deliver required information concerning advisory personnel to its clients. The SEC ordered the Respondent to pay $83,462.00 in disgorgement, $11,874.00 in prejudgment interest, and a $393,381.00 civil money penalty, for a total of $488,717.00, to the SEC according to a payment plan described in the Order. The SEC also created a Fair Fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, so the penalty collected, along with the disgorgement and prejudgment interest collected, can be distributed to harmed investors (the “Fair Fund”). The Fair Fund consists of the $495,087.68 collected from the Respondent.
On November 13, 2024, the SEC issued an order appointing Heffler, Radetich & Saitta, LLP, as the Tax Administrator of the Fair Fund.
On June 30, 2025, the SEC published a notice of the proposed plan of distribution and opportunity for comment and simultaneously published the proposed plan of distribution (“Proposed Plan”).
On July 11, 2025, the SEC issued an order appointing Simpluris, Inc. (“Simpluris”) as the Fund Administrator, to oversee the administration and distribution of the Fair Fund and setting the administrator’s bond amount.
On August 27, 2025, the SEC published a notice approving the plan of distribution and simultaneously published the approved plan of distribution (“Plan of Distribution” or “Plan”).
ACTIONS AND INSTRUCTIONS | DEADLINE | |
Submit a Certification Form Online | Online Certification Form submissions are encouraged. Click here and follow the provided instructions to submit a Certification Form. If you are not a U.S. Person, as defined in Section II of the Certification Form, you must also submit a completed IRS Form W-8BEN, W-8BEN-E, or other W-8 series form, which can be found by visiting the following IRS website: https://www.irs.gov/forms-instructions. | Complete and Submit online on or before 11:59 p.m. EST on October 17, 2025 |
Submit a Certification Form by Mail | If you are unable to submit a Certification Form online, you may request a copy of the paper Certification Form from the Fund Administrator by by email at info@PinnacleFairFund.com or by calling 833-360-6854. If you are not a U.S. Person, as defined in Section II of the Certification Form, you must also submit a completed IRS Form W-8BEN, W-8BEN-E, or other W-8 series form, which can be found by visiting the following IRS website: https://www.irs.gov/forms-instructions. | Postmarked (or if not sent by U.S. Mail, received) by October 17, 2025 |
Upcoming Important Dates
Plan Notice Date
9/26/2025
Certification Form Deadline
10/17/2025 (11:59 p.m. EST)