Huntleigh Advisors, Datatex Fair Fund Termination Order
Summary
The SEC issued an order terminating the Fair Fund established in the 2023 enforcement action against Huntleigh Advisors, Inc. and Datatex Investment Services, Inc. and authorizing the transfer of the remaining $23,040.17 to the U.S. Treasury. Huntleigh distributed 1,900 payments totaling $893,502 to harmed investors, with 1,834 successful disbursements totaling $870,461.83, achieving a 73.65% recovery rate for affected investors. The final accounting has been approved and the Fair Fund is now terminated.
What changed
The SEC authorized the transfer of the remaining Fair Fund balance ($23,040.17) to the U.S. Treasury and formally terminated the Fair Fund established in the February 2023 enforcement action against Huntleigh Advisors and Datatex. Huntleigh distributed 1,900 payments totaling $893,502 to harmed investors, with 1,834 successful disbursements totaling $870,461.83, achieving a 73.65% recovery rate for affected investors.\n\nAffected investment advisers should update their compliance records to reflect the conclusion of this enforcement matter. The respondents have completed their Fair Fund administration obligations and are released from further duties under the 2023 Order regarding fund distribution. Any future residual funds returned to the Fair Fund that are infeasible to distribute will continue to be transferred to Treasury pursuant to Section 21F(g)(3) of the Securities Exchange Act of 1934.
What to do next
- Complete final transfer of $23,040.17 to the U.S. Treasury
- Ensure final accounting documentation is retained per SEC requirements
- Monitor for any future residual funds requiring Treasury transfer
Penalties
$23,040.17 in residual Fair Fund amounts transferred to U.S. Treasury
Archived snapshot
Apr 7, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934 Release No. 105155 / April 7, 2026 ADMINISTRATIVE PROCEEDING File No. 3-21313 In the Matter of TO THE U.S. DEPARTMENT OF THE TREASURY OF THE REMAINING FUNDS Huntleigh Advisors, Inc. and Datatex AND ANY FUNDS RETURNED TO THE Investment Services, Inc., FAIR FUND IN THE FUTURE AND TERMINATING THE FAIR FUND Respondents.
On February 27, 2023, the Commission issued an Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Sections 203(e) and 203(k) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions and a Cease-and- Desist Order (the "Order") against Huntleigh Advisors, Inc. ("Huntleigh") and Datatex 1 Investment Services, Inc. ("Datatex") (collectively, the "Respondents") both registered investment advisers affiliated by common ownership. In the Order, the Commission found that the Respondents willfully violated Sections 206(2) and 206(4) of the Advisers Act and Rule 206(4)-7 thereunder. The Commission ordered Huntleigh to pay $608,251 in disgorgement, $105,251 in prejudgment interest, and a $130,000 civil money penalty and ordered Datatex to pay a civil money penalty of $50,000, for a total of $893,502. The Commission also created a Fair Fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, so the penalties paid, along with the disgorgement and prejudgment interest paid, could be distributed to harmed investors (the "Fair Fund"). Pursuant to the Order, Huntleigh was responsible for administering the Fair Fund at its own expense pursuant to a calculation specified in the Order. Huntleigh disbursed the Fair Fund to those current and former advisory clients harmed by the conduct described in the Order. No
de minimis amount was applied.
Huntleigh distributed 1,900 payments totaling $893,502, of which 1,834 payments totaling $870,461.83 were successfully disbursed to recipients. This resulted in harmed investors being compensated for 73.65% of their losses. Distribution payments ranged from $0.01 to
Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Sections 203(e) and 203(k) of the 1: ORDER AUTHORIZING THE TRANSFER Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist :Order, Advisers Act Rel. No. 6251 (Feb. 27, 2023).
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$11,158.90. Huntleigh has returned $23,040.17 to the Commission that consists of uncashed checks, returned funds, and other residual amounts (e.g., amounts resulting from rounding). The Order further requires Huntleigh to provide a final accounting to the Commission staff for submission to the Commission for approval. Upon approval of the final accounting, all remaining amounts in the Fair Fund that are infeasible to return to investors, and any funds returned in the future that are infeasible to return to investors, are to be sent to the U.S. Department of the Treasury (the "Treasury"). The final accounting has been submitted to the Commission for approval, as required by the Order, and has been approved. Accordingly, it is ORDERED that:
the remaining funds in the amount of $23,040.17 that is infeasible to return to
investors, and any funds returned to the Fair Fund in the future that are infeasible to return to investors, shall be transferred to the Treasury, subject to Section 21F(g)(3) of the Securities Exchange Act of 1934; andthe Fair Fund is terminated.
By the Commission. Vanessa A. Countryman Secretary
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