On April 17, 2009, the SEC instituted settled administrative and cease-and-desist proceedings against American Skandia Investment Services, Inc. ("ASISI"). According to the SEC: "These proceedings concern market-timing related misconduct by ASISI as investment adviser to the American Skandia Trust ('AST') portfolios that serve as a funding vehicle for variable annuities issued by American Skandia Life Assurance Corporation ('ASLAC'). From at least January 2000 through in or around September 2003, ASISI accommodated widespread market timing in the AST portfolios (hereinafter referred to as 'sub-accounts')."

The Commission ordered: "that Damasco, pursuant to and in accordance with the Omnibus Order, is appointed the Tax Administrator for the QSF in the above-referenced proceeding."

On May 13, 2010, the SEC gave notice of the proposed plan of distribution and opportunity for comment in the matter. According to the SEC: "The proposed plan provides for distribution of the Fair Fund to various American Skandia Life Assurance Corporation customers to compensate them for losses resulting from market timing."

According to the SEC: "This submission serves as the proposed Plan of Distribution ('Distribution Plan' or 'Plan') for Fund monies as required by the April 17, 2009 order." The Respondent retained Francis E. McGovern, Professor of Law at Duke University, as the Independent Distribution Consultant. The SEC stated: "Professor McGovern has developed this Distribution Plan in consultation with Commission staff, Respondent, and COMPASS LEXICON, an economics consulting firm retain by him in connection with this matter."

On August 16, 2010, the SEC ordered the Distribution Plan approved, the appointment of Rust Consulting, Inc. as Fund Administrator, and the waiver of the bond requirement of Rule 1105(c) of the Commission's Rules on Fair Fund and Disgorgement Plans for good cause shown.

According to the SEC: "this Plan is designed to allocate Fund monies among those [American Skandia Life Assurance Corporation] customers invested in sub-accounts harmed by the conduct described in the Order during the Relevant Period. This allocation will be based upon an analysis that will reflect an estimate of the proportionate dilution in value of each of the harmed sub-accounts ('Eligible Sub-Accounts') during the Relevant Period relative to the dilution in all Eligible Sub-Accounts during that period."

On January 25, 2011, the SEC ordered that "the Commission staff shall transfer the Fair Fund to the escrow bank in the amount stated in the validated electronic payment file of $60,945,010.08, as provided for in the Distribution Plan."

On June 13, 2011, the SEC ordered that "the Commission staff shall transfer the Fair Fund to the escrow bank in the amount stated in the validated electronic payment file of $7,148,968.27, as provided for in the Distribution Plan."

On February 17, 2012, the SEC ordered that "the Commission staff shall transfer $22,339.42 of the Fair Fund to Huntington National Bank and the Fund Administrator shall distribute the residual distribution in the amount stated in the validated payment file of $5,075,505.42, as provided for in the Distribution Plan."

On June 6, 2012, the SEC ordered that "the Fund Administrator shall distribute the residual distribution in the amount stated in the validated payment file of $208,304.40, as provided for in the Distribution Plan."

On December 19, 2014 the SEC ordered that: "The $39,839.09 balance on the Fair Fund shall be transferred to the U.S. Treasury, and any future funds received by the Fair Fund will also be transferred to the U.S. Treasury." The SEC also ordered the discharge of the Fund Administrator and the termination of the Fair Fund.