The Securities and Exchange Commission (the “SEC”) instituted the Civil Action by Complaint filed on July 17, 2019, alleging that, from approximately May 2016 through July 2018, Garrett O’Rourke (“O’Rourke”) and Michael J. Black (collectively, the “Defendants”) schemed to sell the stock of five publicly traded companies to investors through false and misleading statements and high pressure stock promotional campaigns. The SEC further alleged that the Defendants disguised their control over some or all of the companies and their stock, thereby circumventing their obligations to register the stock with the SEC pursuant to Section 5 of the Securities Act of 1933 and conduct sales in accordance with the governing registration regulations. The SEC charged the Defendants, variously, with violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 [15 U.S.C. §§ 77e(a), e(c), q(a)] and Section 10(b) of the Securities Exchange Act of 1934 [15 U.S.C. § 78j] and Rule 10b-5 thereunder [17 C.F.R. § 240.10b-5].

The matter has since been resolved against O’Rourke. By amended final order entered by consent on December 7, 2020, the Court ordered O’Rourke, among other things, to pay disgorgement and prejudgment interest aggregating to $5,763,719.  The SEC has since collected this monetary relief in full and holds over $5.7 million in an interest-bearing account at the U.S. Treasury’s Bureau of Fiscal Service (the “O’Rourke Distribution Fund”).  Accrued interest and additional collections in the Civil Action and in related SEC enforcement actions, if timely, may be directed to the O’Rourke Distribution Fund for distribution.

The O’Rourke Distribution Fund currently holds over $5.7 million and is held in an interest-bearing account at the U.S. Treasury’s Bureau of Fiscal Service.  Accrued interest and additional collections in the Civil Action and in related SEC enforcement actions, if timely, may be added to the O’Rourke Distribution Fund. 

By Order dated March 4, 2021, the Court appointed Miller Kaplan Arase LLP as Tax Administrator, appointed JND Legal Administration as Distribution Agent, and authorized the SEC to pay all tax obligations and administrative fees and expenses without further Court Order.  You can review and download this Order on the Important Documents tab on this website.

On May 26, 2021, the Court approved a plan for the distribution of the O’Rourke Distribution Fund (the “Plan”).  The Plan governs the administration and distribution of the Distribution Fund and sets forth the method and procedures for distributing the assets of the O’Rourke Distribution Fund to investors harmed by the conduct alleged in the Complaint.  You can review and download the Plan on the Important Documents tab on this website. 

The securities are those set forth below, with the corresponding Relevant Period included by row.  This information is also set forth on EXHIBIT A on page 32 of the Plan, accessible on the Important Documents tab of this website. 

During the relevant period, BioHemp International (BKIT) completed a corporate name change in June 2019. Prior to this change, the company was known as Blake Insomnia Therapeutics (BKIT). Due to the name change, BKIT temporarily traded as BKITD. BKITD will be considered an eligible security if the trade occurred during the Relevant Period.

Yes, in order to be considered for eligibility for a payment from the O’Rourke Distribution Fund, you must submit a Proof of Claim Form (“Claim Form”), along with adequate supporting documentation and a completed tax certification. Your Claim Form, supporting documentation, and completed tax certification, may be submitted either online on the File a Claim tab on this website, or sent to the Distribution Agent by First Class Mail or other delivery, as further described below: “How do I Submit a Claim”.  You can download the Claim Form from the Important Documents tab on this website.

Your Claim Form may be submitted either online on the File a Claim tab on this website, or by First Class Mail or other delivery.  You can download the Claim Form from the Important Documents tab on this website.

Online Submission:  Your completed Claim Form, including tax certification and adequate supporting documentation, must be submitted online no later than 11:59 p.m. PST on November 9, 2021, following the directions on the File a Claim tab on this website.

Mailed/ Delivered Submissions.  Alternatively, you may submit your completed Claim Form, including tax certification and adequate supporting documentation by First Class Mail, postmarked no later than November 9, 2021 or, if not by First Class Mail, received by the Distribution Agent no later than November 9, 2021. Mailed and/or otherwise physically delivered Claim Forms should be directed to the following address:

ORourke Distribution Fund
c/o JND Legal Administration
P.O. Box 91401
Seattle, WA 98111

Please do not submit original documents and please retain a copy of what you submit. If you fail to timely submit a completed and signed Claim Form by the deadline, you may be deemed ineligible to receive a distribution payment from the O’Rourke Distribution Fund. The Claim Form must be accompanied by a completed tax certification and appropriate supporting documentation for each transaction listed on the Claim Form.

If you submit a Claim Form that fails to provide all required information, or is otherwise deficient, you may receive a Claim Deficiency Notice advising you of the reason(s) why the claim is deficient and an opportunity to cure such deficiencies.

If you invested in one or more of the five publicly traded companies during the corresponding Relevant Periods (identified above: “What are the Securities and the Relevant Periods”; are not an “Excluded Party” as defined in the Distribution Plan and below:  “Who is an ‘Excluded Party’ as Defined in the Distribution Plan”; and suffered a loss according to the Plan, you may be eligible for a distribution from the O’Rourke Distribution Fund.  

To be considered for a Distribution Payment, you must timely submit a completed and signed Claim Form along with all relevant supporting documentation and a completed tax certification.  If you believe you may be eligible for a distribution and are not an Excluded Party, you should timely submit a Claim Form. 

The Defendants in the captioned action and the legal representatives, nominees, assigns, creditors, heirs, distributees, spouses, parents, children, successors-in-interest, or controlled entities of the Defendants;

Any respondent or defendant in an SEC enforcement action or criminal proceeding that is instituted prior to the determination of Eligible Claimants under the Plan and that seeks relief for conduct related to the conduct underlying this action, including, without limitation, the defendants in SEC v. Knox, et al., No. 18-cv-12058-RGS (D. Mass.) and SEC v. Bajic, et al., No. 20-cv-7-LGS (S.D.N.Y.), and the legal representatives, nominees, assigns, creditors, heirs, distributees, spouses, parents, children, successors-in-interest, or controlled entities of the Defendants;

The Distribution Agent, its employees, and those persons assisting the Distribution Agent in its role as the Distribution Agent; and 

Any purchaser or assignee of another Person’s purported right to obtain a recovery from the O’Rourke Distribution Fund for value; provided, however, that this provision shall not be construed to exclude Third-Party Filers or those Persons who obtained such a right by gift, inheritance, devise or operation of law.

Each Potential Claimant’s Recognized Loss will be calculated in accordance with the Plan of Allocation in the Distribution Plan, paragraphs 13-20 and Exhibits A and B, and will be the basis for the Distribution Payments made to Eligible Claimants.  You can download and review the Plan on the Important Documents tab on this website.

Additional information can be found by visiting the Important Documents tab visible at the top of this webpage and by contacting the Distribution Agent, toll-free, at 1-833-358-1844; emailing Info@OrourkeDistributionFund.com; or by mailing a letter to:

ORourke Distribution Fund
c/o JND Legal Administration
P.O. Box 91401
Seattle, WA 98111