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CFTC Enforcement Actions

The Commodity Futures Trading Commission (CFTC) is the United States agency with primary responsibility for enforcing the Commodity Exchange Act (CEA) and regulating commodity futures and related markets. Whistleblowers with knowledge of violations of laws and regulations enforced by the CFTC can submit a claim under the CFTC Whistleblower Reward Program, and may be eligible to receive a monetary reward and protection against retaliation by employers.

Below are summaries of recent CFTC settlements or successful enforcement actions. If you believe you have information about fraud which could give rise to a CFTC enforcement action and claim under the CFTC Whistleblower Reward Program, please contact us to speak with one of our experienced whistleblower attorneys.

September 1, 2016

The CFTC announced that a trial against Robert Escobio of Miami, Florida, and his companies Southern Trust Metals, Inc. and Loreley Overseas Corporation, has resulted in a final judgment requiring defendants to pay almost $2.5 million in restitution and penalties for engaging in a precious metals scheme and an unregistered futures scheme.  CFTC

August 22, 2016

Irina Feldman, Cindium Inc., and Einstein Exchange Group Inc. agreed to pay more than $600,000 to settle charges of committing solicitation fraud and misappropriation in connection with operating a commodity pool that offered foreign currency and commodity futures transactions, and for failing to register with the CFTC as Commodity Pool Operators.  CFTC

August 18, 2016

Forex Capital Markets, LLC was charged with undercapitalization, failure to timely report that undercapitalization violation, and guaranteeing against customer losses.  CFTC

August 18, 2016

The CFTC filed a complaint in the Southern District of New York charging Deutsche Bank AG with multiple swap reporting violations, failing to supervise its employees responsible for swap data reporting, and violating a prior CFTC order.  CFTC

August 17, 2016

The CFTC filed a civil enforcement action against Mirko Schacke of Antioch, California, and his company, TradeMasters USA, LLC, of Las Vegas, Nevada, charging them with fraudulently soliciting over $150,000 from at least 36 investors in connection with the purchase of futures trading software.  CFTC

August 16, 2016

Steven A. Cohen of Greenwich, Connecticut was issued a notice of intent to revoke, suspend or place restrictions on his registration by the CFTC for failing to adequately supervise an employee to ensure that employee was not engaged in insider trading.  CFTC

August 15 , 2016

The CFTC obtained a summary judgment order requiring Robert S. Leben and Amy L. Leben of Columbia, South Carolina, to pay over $10 million in penalties and restitution for misappropriating pool participant funds and failing to register as commodity pool operators, among other charges.  CFTC

August 12, 2016

The U.S. District Court for the Southern District of Florida ordered International Monetary Metals, Inc., a Florida corporation, and its controlling person, Martin Sommers to pay almost $10 million in disgorgement and a civil monetary penalty for engaging in illegal, off-exchange precious metals transactions and registration violations.  CFTC

August 12, 2016

Ralph Metters, formerly of Los Angeles, California, was ordered to pay $1 million in penalties and disgorgement in connection with operating an off-exchange foreign currency fraud scheme.  CFTC

August 9, 2016

The CFTC filed an enforcement action charging Frank J. Collins of Garden Grove, California, Gerard Suite of Irvine California (a.k.a. Rawle Gerard Suite, Jerry Suite, and Jerry Snead), and their Delaware limited liability company, STA Opus NR LLC, with fraudulently soliciting $1.6 million from at least 30 customers to operate a commodity pool and misappropriating approximately $1.25 million of customers’ funds for their own benefit.  CFTC
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