SEC v Daniel Fernandes Rojo Filho (DFRF)

Securities and Exchange Commission v. Daniel Fernandes Rojo Filho, et al. (Case No. 15-CV-12857-PBS)




Frequently Asked Questions

  1. Why did I get the Notice?

    You received a Notice because our records indicate you may have incurred losses from purchases of memberships in DFRF Mass or DFRF FL during the period of June 1, 2014, and June 30, 2015, inclusive. You may be eligible to receive payment from the Distribution Fund.

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  2. If I did not get a Notice from the Distribution Agent, am I still eligible to participate in the Distribution Fund?

    Yes, if you submit a valid Claim Form prior to the [Claims Bar Date*] and you are not an Excluded Party. We have sent Notices to those investors whose identity and contact information are included in our records. Any investor who purchased memberships in DFRF Mass or DFRF FL during the period of June 1, 2014, and June 30, 2015, inclusive, and who incurred a Recognized Loss may submit a Claim Form (see also FAQs 6 through 8).

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  3. Who is eligible to participate in the Distribution Fund?

    Persons who incurred losses, as calculated under the Plan of Allocation in the Court-approved Distribution Plan, from purchases of memberships in DFRF Mass or DFRF FL during the period of June 1, 2014, and June 30, 2015, inclusive. Watch the “Who Should Submit a Claim?” How-To-Video** for further information.

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  4. Who is excluded from participating in the Distribution Fund?

    You are excluded if you are:

    1. Daniel Fernandes Rojo Filho; Romildo Da Cunha; Wanderley M. Dalman; Gaspar C. Jesus; Eduardo N. Da Silva; DFRF Enterprises LLC; DFRF Enterprises, LLC; Jeffrey A. Feldman; Heriberto C. Perez Valdes (collectively, the “Defendants”), and the Defendants’ advisers, agents, nominees, assigns, heirs, spouses, parents, children, or controlled entities;
    2. Guidehouse Inc., Baker & Hostetler LLP, and PACE Claims Services LLC (the Court-appointed Distribution Agent), their employees, and those Persons assisting the Distribution Agent in its role as the Distribution Agent;
    3. any purchaser or assignee of another Person’s claim to a recovery from the Distribution Fund for value; provided, however, that this provision shall not be construed to exclude those Persons who obtained the claim by gift, inheritance, or devise; and
    4. any Person who is confirmed by the Distribution Agent to be subject to sanctions by the United States government, as determined by Executive Orders, the authority of the Department of the Treasury’s Office of Foreign Asset Control (“OFAC”) or any other applicable laws of the United States.
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  5. What is the amount of the Distribution Fund?

    Approximately $3 million, comprised of payments or collections on the final judgments entered in the litigation, plus accrued interest.

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  6. How do I file a Claim Form?

    If you wish to participate in the Distribution Fund, you must submit a valid Claim Form no later than 11:59 PM Eastern Time on [CLAIMS BAR DATE*]. You may submit a claim electronically at www.DFRFDistributionFund.com. Submitting your Claim Form electronically through this site is strongly encouraged to allow you to avoid mailing sensitive documents, easily track your claim status 24/7/365, and to quickly and easily resolve any data or documentation issues found during the Distribution Agent’s review of your claim. Watch the “How Do I Submit a Claim?” How-To-Video** for further information.

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  7. What do I need to submit with my Claim Form?

    As part of a properly completed Claim Form, supporting documentation is required to substantiate the claim, including evidence of purchases and dispositions of Securities during the Relevant Period, as well as holdings of Securities at pertinent dates, tax identification and other related information from the Preliminary Claimant, as determined necessary by the Distribution Agent in coordination with the Tax Administrator; and a certification that the Preliminary Claimant is not an Excluded Party.

    Additional information regarding filing a claim and necessary supporting documentation is found in paragraphs 48 through 56 of the Distribution Plan found on the Resources page of this website.

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  8. If the membership was jointly purchased, do all parties have to sign the Claim Form?

    Yes, if the membership was purchased jointly, then each investor must sign the Claim Form and submit any required documentation.

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  9. When can I submit my Claim Form and what is the deadline for submitting my Claim Form?

    The electronic Claim Form and related materials will be accessible on the Fund’s website, www.DFRFDistributionFund.com, on/before 8/11/2025. Please visit the website periodically to check for updates and the availability of the Plan Notice and Claim Form.

    Electronic Claim Forms must be submitted no later than 11:59 PM Eastern Time on [CLAIMS BAR DATE*].

    Claim Forms submitted by regular mail must be postmarked by [CLAIMS BAR DATE*].

    The mailing address is:
    SEC v DFRF - Distribution Fund
    c/o GBP/PACE Claims Services, DFRF Distribution Agent
    200 American Metro Blvd – Suite 129
    Hamilton, NJ 08619

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  10. How do I check my Claim status and will I be notified if my Claim Form is deficient?

    Watch the “View Claim Status, Fix Deficiencies” How-To-Video** to learn how to see the status of your electronically submitted claim and fix any claim deficiencies within this site.

    After all claims are reviewed, each Preliminary Claimant who filed a deficient claim will receive a Claim Status Notice that provides the reason(s) for the deficiency. The Claim Status Notice will also include instructions on how to cure such deficiencies or request reconsideration of a denial. You will have 30 days from the date of the Claims Status Notice to cure any deficiencies or request reconsideration of a denial.

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  11. Will I be notified if I am an Eligible Claimant?

    Yes. After the Deficiency Process is completed, all Preliminary Claimants who submitted a Claim Form will receive a Final Determination Notice. This notice will indicate Eligibility status and Recognized Loss amount, if applicable.

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  12. What is the process for disputing the Recognized Loss amount?

    You may send a dispute within 30 days of the Final Determination Notice, in writing, along with any supporting documentation. The Distribution Agent will investigate the dispute and respond within 30 days of receiving an Eligible Claimant’s dispute.

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  13. How much money will I receive if my claim is approved?

    Until all claims have been fully processed, it is not possible to determine the amount of any individual payment. Once all Eligible Claimants have been determined, the Distribution Agent will calculate each Eligible Claimant’s Recognized Loss in accordance with the Plan of Allocation. For additional information as to how your claim’s Recognized Loss will be calculated, please view the Plan of Allocation, which is included as Exhibit A of the Distribution Plan posted on the Resources page of this website and on the  SEC webpage for this matter.

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  14. How do I get more information?

    Additional information regarding the Distribution Fund can be found on this website, including within our  How-To-Videos**. All relevant forms and notices are found in the  “Home” and “Resources” pages. You can also reach the Distribution Agent at Support@DFRFDistributionFund.com or 1-833-373-3535.

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* Claims Bar Date will be 120 days from the date of the mailing of the Plan Notice, which will take place on/before 8/11/2025.

**How-To-Videos will be made available on/before 8/11/2025.