U.S. Securities and Exchange Commission Establishes FirstEnergy Fair Fund

U.S. Securities and Exchange Commission Establishes FirstEnergy Fair Fund

PR Newswire

PORTLAND, Ore., June 22, 2026 /PRNewswire/ —

UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

ADMINISTRATIVE PROCEEDING
File No. 3-22111

In the Matter of

FirstEnergy Corp.,

Respondent.

NOTICE OF FIRSTENERGY FAIR FUND

TO: Individuals and entities, or their lawful successors, who purchased or acquired FirstEnergy Corp common stock (the “Security”) during the period between January 1, 2017, and November 19, 2020, inclusive (“Relevant Period”).

If you fall within the group above, you must do one of the following to be considered for eligibility to share in the FirstEnergy Fair Fund:

  1. Complete and mail the Claim Form postmarked on or before September 14, 2016; or
  2. Submit a claim through the Fair Fund website at www.FirstEnergyFairFund.com so it is received on or before 11:59 p.m. ET September 14, 2016.

I.       Purpose of the Plan Notice

The purpose of the Plan Notice is to inform you that you may be eligible to share in the proceeds of the FirstEnergy Fair Fund described herein. To be potentially eligible to share in the FirstEnergy Fair Fund, you must file a Claim Form in accordance with the steps set forth in the Plan Notice and in the Plan of Distribution (the “Plan”) approved by the Securities and Exchange Commission (“SEC” or “Commission”). Claim Forms, together with the Plan Notice, are being mailed to all known Preliminary Claimants1 who are identified as Preliminary Claimants by the Commission-appointed Fund Administrator (“Fund Administrator”), Epiq Class Action & Claims Solutions, Inc. (“Epiq”).2 Copies of the Plan, the Plan Notice, and the Claim Form are available on the FirstEnergy Fair Fund website at www.FirstEnergyFairFund.com and through the Commission’s website at https://www.sec.gov/enforcement-litigation/distributions-harmed-investors/firstenergycorp. Certain persons are excluded from eligibility under the Plan; these exclusions are summarized in Section III below.

Please Note: Receipt of the Plan Notice does not mean you are an Eligible Claimant as that term is defined in the Plan.

SPECIAL NOTICE TO SECURITIES BROKERS AND OTHER NOMINEE PURCHASERS: If you purchased or acquired shares of FirstEnergy Corp common stock during the Relevant Period as a nominee for a beneficial owner, then within fourteen (14) calendar days after you receive the Plan Notice, you must either: (a) send a copy of the Plan Notice and the accompanying Claim Form by First-Class Mail to all such beneficial owners; or (b) provide a list of the names and addresses of such beneficial owners to the Fund Administrator listed in Part VI of the Plan Notice.

PLEASE READ THE PLAN NOTICE CAREFULLY AND IN ITS ENTIRETY. IF YOU SATISFY THE ELIGIBILITY CRITERIA DESCRIBED BELOW, YOU MAY BE ELIGIBLE TO RECEIVE A DISTRIBUTION PAYMENT FROM THE FIRSTENERGY FAIR FUND. THE PLAN NOTICE CONTAINS IMPORTANT INFORMATION REGARDING YOUR POSSIBLE ELIGIBILITY TO SHARE IN THE FIRSTENERGY FAIR FUND.

II.      Background

On September 12, 2024, the Commission issued an Order Instituting Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933 and Section 21C of the Securities Exchange Act of 1934, Making Findings, and Imposing a Cease-and-Desist Order (the “Order”) against FirstEnergy Corp. (the “Respondent”). In the Order, the Commission found that FirstEnergy participated in a multi-year political corruption scheme. Between 2017 and 2020, FirstEnergy and FirstEnergy Solutions (“FES”) made payments totaling approximately $60 million to Generation Now (“GenNow”) in exchange for specific official action for the benefit of FirstEnergy and FES. GenNow, an Internal Revenue Code Section 501(c)(4) entity, was controlled by a member of the Ohio House of Representatives who was elected as its speaker in January 2019. FirstEnergy made payments to a 501(c)(4) entity to help conceal the source of the payments. On July 23 and 24, 2020, FirstEnergy violated the antifraud provisions of the Securities Act and the Exchange Act by making misrepresentations about its role in the political corruption scheme to investors in an earnings call and in a filing with the Commission. Additionally, FirstEnergy failed to disclose material related party transactions with respect to payments FirstEnergy made to a 501(c)(4) organization funded and controlled in part by certain former FirstEnergy executives. FirstEnergy also failed to keep accurate books and records and to devise and maintain an adequate system of internal accounting controls with respect to payments to organizations organized under Section 501(c)(4) of the Internal Revenue Code and the identification and disclosure of material related party transactions. As the news of the scope and consequences of the bribery scheme were released, FirstEnergy’s stock price dropped, harming investors who bought shares at inflated prices.

The Commission ordered the Respondent to pay a $100,000,000.00 civil money penalty to the Commission. The Commission also created a Fair Fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, so the penalty collected can be distributed to harmed investors (the “Fair Fund”).

The Respondent has paid in full. The Fair Fund has been deposited in a Commission-designated account at the United States Department of the Treasury (“U.S. Treasury”), and any accrued interest will be added to the Fair Fund.

III.      Eligibility Criteria and the Distribution Methodology

To qualify for a payment from the FirstEnergy Fair Fund, you must satisfy certain eligibility criteria that are described in detail in the Plan. The Plan is available on the Fair Fund website at www.FirstEnergyFairFund.com and on the Commission’s public website at https://www.sec.gov/enforcement-litigation/distributions-harmed-investors/firstenergycorp. You can also request a copy of the Plan by calling the Fund Administrator at 1-877-269-8770 or by emailing info@FirstEnergyFairFund.com. The eligibility criteria include the following:

  • You must have purchased or acquired The FirstEnergy Corp common stock during the Relevant Period.
  • Your approved transactions must calculate to a Recognized Loss as calculated under the Plan and your Distribution Payment must equal or exceed $20.00.

You are excluded from participation in the FirstEnergy Fair Fund if you are an Excluded Party as defined in the Plan, including the following:

  • The Respondent;
  • Present or former officers or directors of Respondent or any assigns, creditors, heirs, distributees, spouses, parents, dependent children or controlled entities of any of the foregoing Persons or entities;
  • Any employee or former employee of the Respondent or any of its affiliates who has been terminated for cause or has otherwise resigned, in connection with the conduct described in the Order;
  • Any Person who, as of the Claims Bar Date, has been the subject of criminal charges related to the conduct described in the Order or any related Commission action;
  • Any firm, trust, corporation, officer, or other entity in which Respondent has or had a controlling interest;
  • The Fund Administrator, its employees, and those Persons assisting the Fund Administrator in its role as the Fund Administrator; or
  • Any purchaser or assignee of another Person’s right to obtain a recovery from the Fair Fund for value; provided, however, that this provision shall not be construed to exclude those Persons who obtained such a right by gift, inheritance or devise.

The Recognized Loss incurred by an Eligible Claimant shall be determined as set forth in the Plan. The methodology used to determine eligibility and calculate Distribution Payments is set forth in the Plan of Allocation attached to the Plan as Exhibit A.

IV.     Claim Forms

A CLAIM FORM IS BEING MAILED TOGETHER WITH THE NOTICE TO ALL PRELIMINARY CLAIMANTS KNOWN TO THE FUND ADMINISTRATOR. IF YOU DO NOT RECEIVE A CLAIM FORM IN THE MAIL OR REQUIRE ADDITIONAL CLAIM FORMS, FOLLOW THE INSTRUCTIONS BELOW UNDER “ADDITIONAL INFORMATION.”

YOU MUST DO ONE OF THE FOLLOWING TO BE CONSIDERED FOR ELIGIBILITY TO SHARE IN THE FIRSTENERGY FAIR FUND:

  1. COMPLETE AND MAIL THE CLAIM FORM POSTMARKED ON OR BEFORE SEPTEMBER 14, 2026; OR
  2. SUBMIT A CLAIM THROUGH THE FAIR FUND WEBSITE AT WWW.FIRSTENERGYFAIRFUND.COM SO IT IS RECEIVED ON OR BEFORE 11:59 P.M. ET SEPTEMBER 14, 2026.

V.       Claim Determinations

The Fund Administrator will send a Claim Status Notice within 60 days of the Claims Bar Date to any Preliminary Claimants who submitted a deficient Claim Form. The Claim Status Notice will provide the reason(s) for the deficiency and in the event the claim is denied, the Claim Status Notice will state the reason(s) for such denial. The Claim Status Notice will also notify the Preliminary Claimant of the opportunity to cure any deficiency, request reconsideration, or dispute the determination made by the Fund Administrator and provide instructions regarding what is required to do so.

Within 150 days of the Claims Bar Date, the Fund Administrator will complete all claims determinations and send a Determination Notice to all Preliminary Claimants who timely submitted a Claim Form notifying the Preliminary Claimant of its eligibility determination. The Determination Notice will constitute the Fund Administrator’s final ruling regarding the eligibility status of the claim. The Fund Administrator may consider disputes of the recognized loss calculation pursuant to the procedures outlined in the approved Plan of Distribution.

VI.     Instructions for Submitting a Claim Form

YOU MUST DO ONE OF THE FOLLOWING TO BE CONSIDERED FOR ELIGIBILITY TO SHARE IN THE FIRSTENERGY FAIR FUND:

  1. COMPLETE AND MAIL THE CLAIM FORM POSTMARKED ON OR BEFORE SEPTEMBER 14, 2026 TO FIRSTENERGY FAIR FUND, FUND ADMINISTRATOR, P.O. BOX 2874, PORTLAND, OR 97208-2874; OR
  2. SUBMIT A CLAIM THROUGH THE FAIR FUND WEBSITE AT WWW.FIRSTENERGYFAIRFUND.COM SO IT IS RECEIVED ON OR BEFORE 11:59 P.M. ET SEPTEMBER 14, 2026.

VII.     Additional Information

Additional information regarding the FirstEnergy Fair Fund may be found at www.FirstEnergyFairFund.com. Additional Claim Forms and Plan Notices may also be downloaded at the FirstEnergy Fair Fund’s website. You may obtain additional information or request copies of Claim Forms and Plan Notices by calling the FirstEnergy Fair Fund’s toll-free number at 1-877-269-8770, or by emailing info@FirstEnergyFairFund.com.

PLEASE CHECK THE WEBSITE WWW.FIRSTENERGYFAIRFUND.COM FREQUENTLY FOR UPDATES.

1 Capitalized terms not defined here are defined in the Plan.
2 December 17, 2025, the Commission appointed Epiq Class Action & Claims Solutions, Inc. (“Epiq”) as the Fund Administrator.

URL: www.FirstEnergyFairFund.com

 

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SOURCE Epiq