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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.

February 19, 2016

The CFTC filed a civil enforcement action against Ryan S. Magee of Calgary, Alberta, Canada, with fraud and also with acting as a Commodity Pool Operator, without being registered with the CFTC, as required.  The CFTC complaint also charged Ryan Magee’s father and wife, David W. Magee and Dalyne Rae Magee, also both Calgary residents, with acting as Associated Persons of Ryan Magee, without being registered with the CFTC, as required.  CFTC

February 9, 2016

A federal court ordered Cindy Vandivier and Paul Vandivier of Coconut Creek, Florida to pay almost $3 million in penalties and restitution to settle CFTC charges of fraudulently soliciting customers and misappropriating customer funds in connection with illegal, off-exchange transactions in precious metals.  CFTC

February 8, 2016

4X Solutions, Inc. and its principal, Whileon Chay, both of New York City, were ordered to pay over $10 million in penalties and disgorgement in connection with a foreign currency Ponzi scheme.  CFTC

February 5, 2016

The CFTC filed a civil injunctive anti-fraud enforcement action against Rico Omar Cox of Dania Beach, Florida, alleging that between August 2010 through March 2015, Cox fraudulently solicited his trading services for managed commodity futures accounts, and lost most of the $499,000 he traded for or on behalf of at least nine clients. CFTC

February 4, 2016

A federal court in Fort Lauderdale, Florida ordered Robert Tripode of Boynton Beach, Florida to pay over $300,000 in penalties and restitution in connection with his fraudulent activities in the Forex market as an employee and agent of Forex Monthly Income Fund (FMIF), a commodity pool based in Miami, Florida.  CFTC

February 4, 2016

The U.S. District Court for the Southern District of Florida ordered Worth Group Inc. of Jupiter, Florida, its owner and operator, Andrew Wilshire of Jupiter, Florida, and Wilshire’s sister, Eugenia Mildner also of Jupiter, Florida, who served as Worth’s sole officer and director prior to February 2012, to pay restitution of $1,250,000 and a civil monetary penalty of $1,250,000 as sanctions for engaging in an illegal off-exchange precious metals scheme.  CFTC

February 3, 2016

The CFTC filed a civil injunctive action against Oakmont Financial, Inc. of Boynton Beach, Florida, and Joseph Charles DiCrisci of New York, New York, an Oakmont owner and principal, alleging that the defendants engaged in illegal, off-exchange transactions in precious metals with retail customers on a leveraged, margined, or financed basis.  CFTC

January 20, 2016

The CFTC announced that it filed a civil enforcement action charging Kevin J. Davis of Ponca City, Oklahoma with acting as an unregistered commodity pool operator, failing to operate his commodity pool as a separate legal entity, accepting funds from pool participants in his own name, and commingling pool participants’ funds with his own.  CFTC

January 13, 2016

Otkritie Capital International, Ltd., a London-based financial services company, agreed to pay a $140,000 penalty to settle charges that it violated CFTC Regulation 30.4 by permitting two of its U.S. customers to trade futures and options in foreign markets while not registered as a futures commission merchant.  CFTC

January 13, 2016

The U.S. District Court for the Northern District of Illinois entered a default judgement order against Nikolai S. Battoo, BC Capital Group S.A., BC Capital Group International Limited, and BC Capital Group Holdings S.A. on charges that they operated a global commodities futures and option fraud scheme, requiring the defendants to pay $294,246,741 in restitution, a $147 million civil penalty, and to disgorge $49 million received as ill-gotten gains.  CFTC
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