Violations Alleged
•
Sec 17(a) (Not specified)
•
Section 206(1), 206(2) Investment Advisors Act; Section 17(d) Investment Company Act; Rule 17d-1 Investment Company Act; Section 34(b) Investment Company Act; Rule 17a-4(b)(4) Exchange Act
Additionally,
Evergreen Investment Services, Inc. is alleged to have aided and abetted Evergreen Investment Management Company, LLC's violation of Section 206(1), 206(2) Investment Advisers Act (willfully/knowingly).
Evergreen Investment Services, Inc. is alleged to have caused Evergreen Investment Management Company, LLC's violation of Section 206(1), 206(2) Investment Advisers Act.
Evergreen Service Company, LLC is alleged to have aided and abetted Evergreen Investment Management Company, LLC's violation of Section 206(1), 206(2) Investment Advisers Act (willfully/knowingly).
Evergreen Service Company, LLC is alleged to have caused Evergreen Investment Management Company, LLC's violation of Section 206(1), 206(2) Investment Advisers Act.
Related Documents:
34-56462
19-Sep-2007
Administrative Proceeding
Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Sections 15(b)(4), 17A(c)(3) and 21C of the Securities Exchange Act of 1934, Sections 203(e) and 203(k) of the Investment Advisers Act of 1940, and Sections 9(b) and 9(f) of the Investment Company Act of 1940, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order
On September 19, 2007, the SEC instituted settled administrative and cease-and-desist proceedings against Evergreen Investment Management Company, LLC ("EIMCO"), Evergreen Investment Services, Inc. ("EIS"), Evergreen Service Company, LLC ("ESC") and Wachovia Securities, LLC. According to the SEC: "This proceeding concerns: (a) various violations of the federal securities laws committed by EIMCO, EIS and ESC in connection with their roles in creating and/or implementing two market timing agreements (and the role of Wachovia Securities in creating and/or implementing one of those two agreements) that permitted, in each case, a registered representative to make, on behalf of certain of his customers, frequent trades in certain Evergreen funds in excess of the exchange limits set forth in the funds' prospectuses and (b) EIMCO's misleading disclosure in fund documents concerning exchange limits."
34-56658
12-Oct-2007
Administrative Proceeding
Order Appointing Tax Administrator
The Commission ordered that: "Damasco . . . is appointed the Tax Administrator for the QSF in the above-referenced
proceeding."
34-61745
19-Mar-2010
Administrative Proceeding
Notice of Proposed Plan of Distribution and Opportunity for Comment
On March 19, 2010, a Proposed Plan of Distribution was published. Previously, on September 19, 2007, the SEC instituted administrative and cease-and-desist proceedings against Evergreen Investment Management Company, LLC, Evergreen Investment Services, Inc., Evergreen Service Company, LLC and Wachovia Securities, LLC.
Proposed Plan of Distribution
On March 19, 2010, the SEC published a Proposed Plan of Distribution. Previously, on September 19, 2007, the SEC entered an order in an administrative and cease-and-desist proceedings against Evergreen Investment Management Company, LLC, Evergreen Investment Services, Inc., Evergreen Service Company, LLC and Wachovia Securities, LLC. The September 19, 2007 Order established a Fair Fund to be distributed to "investors in the Evergreen funds who incurred losses due to the market timing subject to the Order."
34-61746
19-Mar-2010
Administrative Proceeding
Order Appointing a Fund Administrator and Waiving Bond
On March 19, 2010, the SEC issued an Order Appointing a Fund Administrator and Waiving Bond. The SEC ordered that: "Rust Consulting is appointed as the Fund Administrator in accordance with the terms of the Distribution Plan." Previously, on September 19, 2007, the SEC instituted a settled administrative and cease-and-desist proceedings against Evergreen Investment Management Company, LLC, Evergreen Investment Services, Inc., Evergreen Service Company, LLC and Wachovia Securities, LLC.
34-62017
30-Apr-2010
Administrative Proceeding
Order Approving Distribution Plan
On April 30, 2010, the SEC issued an Order Approving Distribution Plan.
34-63204
28-Oct-2010
Administrative Proceeding
Order Directing Disbursement of Fair Fund
On October 28, 2010, the SEC ordered that, "the Commission staff shall transfer $9,842,383.88 of the Fair Fund to Deutsche Bank Trust Company Americas, and the Fund Administrator shall distribute such monies to investors, as provided for in the Distribution Plan."
34-63424
03-Dec-2010
Administrative Proceeding
Order Directing Disbursement of Fair Fund
On December 3, 2010, the SEC ordered that, "the Commission staff shall transfer $14,581,870.75 of the Fair Fund to Deutsche Bank Trust Company Americas, and the Fund Administrator shall distribute such monies to investors, as provided for in the Distribution Plan."
34-63814
01-Feb-2011
Administrative Proceeding
Order Directing Disbursement of Fair Fund
On February 1, 2011, the SEC ordered that, "the Commission staff shall transfer $8,763,152.60 of the Fair Fund to Deutsche Bank Trust Company Americas, and the Fund Administrator shall distribute such monies to investors, as provided for in the Distribution Plan."
34-73923
23-Dec-2014
Administrative Proceeding
Order Directing Disbursement
On February 1, 2011, the SEC ordered that, "the Commission staff shall disburse the Fair Fund Residual of $6,974,406,04 to be distributed in accordance with the validated payment file prepared pursuant to the Plan." According to the SEC, the was a significant amount remaining the Fair Fund after the distribution of amounts to investors pursuant to the Distribution Plan which is considered "Residual". The Distribution Plan, "provides that any Residual shall be distributed to those Evergreen funds that incurred aggregate dilution losses of at least $100,000 due to the alleged market timing and shall be allocated amongst these funds based on the proportion of aggregate dilution losses incurred by each such fund."
Notice of Name Change of Appointed Tax Administrator
On June 30, 2017, the SEC announced a Name Change of Appointed Tax Administrator, and amended the Omnibus Order, beginning June 2017 and for calendar year 2018, to replace all references to Damasco with "Miller Kaplan Arase LLP which acquired Damasco & Associates LLP" in order to reflect Damasco's name change.
34-86052
06-Jun-2019
Administrative Proceeding
Order Authorizing the Transfer to U.S. Treasury of the Remaining Funds and Any Funds Returned to the Fair Fund in the Future, Discharging the Fund Administrator, and Terminating the Fair Fund
The Commission stated: "[I]t is ORDERED that: A. The remaining Fair Fund balance of $223.16 and any funds returned to the Fair Fund in the future, shall be transferred to the U.S. Treasury, subject to Section 21F(g)(3) of the Securities Exchange Act of 1934, 15 U.S. Code § 78u-6(g)(d); B. The Fair Fund is terminated; and C. The Fund Administrator, Rust Consulting, Inc., is discharged."
