If you purchased or acquired Founder’s Keys (the “Security”) from October 13, 2021, through August 27, 2023 (the “Relevant Period”), you might be eligible to receive a payment from the Impact Theory Fair Fund. To be considered for a payment, you must complete and submit a Claim Form on or before 11:59 p.m. Eastern Standard Time (“EST”) on August 15, 2025 (the “Claims Bar Date”). Online claim submissions are strongly encouraged; however, you may also submit a paper claim by mail. If you choose to submit a Claim Form by mail, the completed Claim Form must be postmarked (or if not sent by U.S. Mail, then received) by the Claims Bar Date.
BACKGROUND
On August 28, 2023, the Securities and Exchange Commission (the "SEC") instituted and simultaneously settled administrative proceedings (the "Order") against Impact Theory (the "Respondent"). In the Order, the SEC found that from October 13, 2021, to December 6, 2021, Impact Theory, a media and entertainment company, offered and sold crypto asset securities known as Founder's Keys in the form of purported non-fungible tokens, raising approximately $29.9 million worth of ether from at least hundreds of investors, including investors across the United States. The SEC found that Impact Theory violated Sections 5(a) and 5(c) of the Securities Act by offering and selling these securities without having a registration statement filed or in effect with the SEC or qualifying for an exemption from registration. The SEC ordered the Respondent to pay $5,120,718.27 in disgorgement, $483,195.90 in prejudgment interest, and a $500,000.00 civil money penalty, for a total of $6,103,914.17, to the SEC. The SEC also created a Fair Fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, so the penalty collected, along with the disgorgement and interest collected, could be distributed to harmed investors (the "Fair Fund"). The Fair Fund consists of the $6,103,914.17 collected from the Respondent. The Fair Fund has been deposited in a SEC-designated account at the U.S. Department of the Treasury, and any accrued interest will be added to the Fair Fund. On December 18, 2024, the SEC issued an order approving the Proposed Plan and simultaneously posted the approved Plan of Distribution (the "Plan").
Copies of the Plan, the Notice, the Claim Form, and other relevant documents are available for download on the Important Documents page of this website. You may also request a copy of the Plan, the Plan Notice, and/or the Claim Form by contacting the Fund Administrator via email at info@ImpactTheoryFairFund.com, or by calling 833-285-3401.
ACTIONS AND INSTRUCTIONS | DEADLINE | |
SUBMIT A CLAIM ONLINE | Online Claim Form submissions are encouraged. Click Submit a Claim and follow the provided instructions to submit a Claim Form. | Complete and Submit online on or before 11:59 p.m. EST on August 15, 2025 |
SUBMIT A CLAIM VIA MAIL | If you are unable to submit a Claim Form online and/or you have lost relevant credentials associated with wallets and/or exchanges required as part of an online claim, you may download a paper copy of the Claim Form on the Important Documents page, or request a copy of the paper Claim Form from the Fund Administrator via email at info@ImpactTheoryFairFund.com or by calling 833-285-3401, for submission by mail. | Postmarked (or if not sent by U.S. Mail, then received) by August 15, 2025 |
As part of the Claim Form, you will be required to provide information necessary to substantiate your claim, including but not limited to: copies of third party documentary evidence of purchases and dispositions of the Security during the Relevant Period, as well as holdings of the Security at pertinent dates; valid and authenticated wallet and/or exchange connections as part of an online claim; copies of account statements and/or documentation of centralized exchange transactions; attributable exchange and/or wallet account information in the form of screenshots or videos as visual proof of ownership; any requested explanatory information or attestations; and/or any required personal identification information. If you are not a U.S. Person, as defined in Section IV of the Claim Form, you must also submit a completed IRS Form W-8BEN, W-8BEN-E, or other W-8 series form, which can be found by visiting the following IRS website: www.irs.gov/forms-instructions.