SEC v. Kenneth Mack and Bryan McMillan (2017)

Settled

✓ Checked against the primary document on October 3, 2026. The library's summary, tags and figures for this record were compared with the regulator's own document by an AI model (Claude) following written instructions, with sampled and disputed records read a second time. No lawyer has reviewed them. A checked record can still contain errors, and checked does not mean endorsed. See how we check records or report a correction.

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In January 2017 the Securities and Exchange Commission settled an administrative order with two former Orthofix executives, Kenneth Mack and Bryan McMillan, over their roles in a financial restatement. The order imposes penalties of $40,000 on Mack and $25,000 on McMillan.

The record

What was ordered

Civil penalty

$65k

Disgorgement

—

Prejudgment interest

—

Total relief

$65k

Alleged gain

—

A dash means the release did not state a figure we could extract, not that the figure is zero. Penalty and disgorgement are stored separately so aggregates across the library do not double-count the same dollars.

What is alleged to have happened

The Securities and Exchange Commission announced this matter on January 18, 2017 as release 3-17794. The respondents named are Kenneth Mack and Bryan McMillan (2 individuals, 0 entities).

The order finds the two executives agreed distributor terms without the required approval of the segment finance chief, and that Mack gave an inaccurate representation to the auditors, in breach of Exchange Act books-and-records and auditor-related rules.

This library does not tag the matter to a manipulation technique. The matter is an accounting and internal-control case with no short-selling element.

The relief recorded in our data is the two civil penalties combined, $40,000 on Mack and $25,000 on McMillan.

For the regulator's own account of the facts, read the primary document linked above. This page deliberately summarises the structured record rather than reproducing the release.

Timeline

1. 2017-01-18 Administrative proceeding instituted (cease-and-desist)

Primary documents

Everything on this page derives from the documents below. Where our summary and the primary document disagree, the primary document is right.

• SEC order

The linked release is a work of the United States government and is not subject to copyright. Our summary and narrative above are our own writing.

Record added September 10, 2026. submit a correction.