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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.

				

			

			
						
					
			

	
		
		

			

				
				
July 18, 2014

				 The CFTC filed an amended Complaint against Missouri resident Daniel K. Steele and his firm Champion Management International charging them with misappropriation, issuance of false account statements, and other acts of fraudulent solicitation and concealment relating to their solicitation of investments in foreign currency (forex) pools.  The amended Complaint follows a CFTC complaint against them filed in September 2013.  The amended Complaint further alleges that Steele knowingly made material misrepresentations to actual and prospective pool participants concerning Defendants’ forex trading and trading results.  The amended Complaint also alleges that Steele concealed trading losses, misappropriated approximately $1 million of pool participants’ funds for personal use, and issued false account statements to pool participants reflecting that they were earning profits when instead Steele was misappropriating the majority of their funds, all in violation of Section 4b of the Commodities Exchange Act.  CFTC				 					 

						
Tagged in:
													  Foreign Exchange, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 19, 2014

				 The CFTC obtained a court Order requiring Texas resident Robert J. Andres and his company Winsome Investment Trust and California resident Robert L. Holloway and his company US Ventures LC to pay a civil penalty of $32M and restitution for defrauded customers totaling $12M for their fraud in the operation of a commodity futures pool.  Specifically, the Order found that the defendants fraudulently solicited and accepted at least $50M from at least 243 individuals to invest in a commodity futures pool by falsely claiming successful track record and guaranteeing the return of participants’ principal and profits.  In reality, however, their futures trading was not successful, sustaining overall net losses of approximately $10.7 million and they operated it like a Ponzi scheme and used participants' funds to pay personal and unrelated business expenses, and to pay for houses, cars, home furnishings, jewelry, lawn and maid services, and credit card bills.  In parallel criminal actions, Andres and Holloway were indicted on multiple counts of wire fraud.  CFTC				 					 

						
Tagged in:
													  Ponzi Schemes, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 11, 2014

				 The CFTC obtained a default judgment against Michael James Seward, Yan Kaziyev and their company SK Madison Commodities, a Commodity Pool Operator based in New York City, requiring them to pay restitution totaling $1M and a civil penalty of $2.5M for fraudulently soliciting more than $1.3M from members of the public to trade futures in a commodity pool.  Specifically, the defendants were found to have misrepresented their trading practices and historical trading returns and prepared and distributed to pool participants false account statements and performance reports showing huge profits when in reality they were losing money and diverting large amounts of pool participants’ funds for their own use.  CFTC				 					 

						
Tagged in:
													  Fraud in CFTC-Regulated Markets, 
													  Misrepresentations, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
May 22, 2014

				 The CFTC obtained an Order against four Hunter Wise related companies and their owners on charges they had fraudulently misrepresented the nature of precious metals transactions that resulted in millions of dollars in customer losses.  Hunter Wise Commodities, Hunter Wise Services, Hunter Wise Credit and Hunter Wise Trading and the individuals running the companies, Fred Jager and Harold Edward Martin, have been ordered to pay $52.6M in restitution to the defrauded customers and to pay a civil penalty of $55.4M.  The Order found that Jager and Martin knowingly defrauded more than 3,200 retail customers for more than 16 months in a manner that was “repeated, callous and blatant.”  CFTC				 			
	
		
		
	


 			




	
		
		

			

				
				
May 21, 2014

				 The CFTC obtained an emergency court Order freezing and preserving the assets under the control of Cindy and Paul Vandivier and their company, Mintline, Inc., all of Florida.  The Order stems from a CFTC enforcement action charging the Vandiviers and Mintline with fraudulently soliciting customers and misappropriating customer funds in connection with illegal, off-exchange transactions in precious metals from July 2011 to at least April 2013.  CFTC				 					 

						
Tagged in:
													  Regulatory Violations, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
May 19, 2014

				 The CFTC issued an Order filing and simultaneously settling charges that Global Futures & Forex, Ltd., a CFTC-registered Futures Commission Merchant (FCM) and former Retail Foreign Exchange Dealer (RFED) headquartered in Grand Rapids, Michigan, failed to comply with minimum financial requirements for FCMs and RFEDs. The CFTC Order imposes a $200,000 civil penalty and a cease and desist order against GFF for its violations.  CFTC				 					 

						
Tagged in:
													  Foreign Exchange, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
May 15, 2014

				 The CFTC issued an Order against RP Martin Holdings Limited, and its subsidiary, Martin Brokers (UK) Limited, an interdealer broker, filing and settling charges of manipulation, attempted manipulation, false reporting, and aiding and abetting derivatives traders’ acts of manipulation and attempted manipulation of the London Interbank Offered Rate (LIBOR) for Yen.  The CFTC Order requires RP Martin to pay a $1.2M civil penalty.  CFTC				 			
	
		
		
	


 			




	
		
		

			

				
				
May 2, 2014

				 The CFTC obtained a restraining order freezing assets and prohibiting the destruction or concealment of books and records of EJS Capital Management, Alex Vladimir Ekdeshman and Edward J. Servider.  The order arises out of a Complaint the CFTC filed charging them with fraudulent solicitation of more than $2M, misappropriation of most of those funds, issuing false account statements, and registration violations in an ongoing retail foreign currency (forex) fraud scheme.  CFTC				 					 

						
Tagged in:
													  Foreign Exchange, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
April 29, 2014

				 The CFTC obtained a final judgment and consent Order against Illinois resident James C. Yadgir settling charges that Yadgir exceeded speculative position limits in live cattle futures contracts and feeder cattle futures contracts. The Order requires Yadgir to pay a civil penalty of $130,000.  CFTC				 					 

						
Tagged in:
													  Fraud in CFTC-Regulated Markets, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
April 28, 2014

				 The CFTC obtained a Consent Order against Tunney & Associates, P.C, an accounting firm with offices in Hammond, Indiana and Orland Park, Illinois, and Michael Tunney, its sole owner and a certified public accountant, requiring T&A and Tunney jointly to pay a $100,000 civil penalty for violating CFTC Regulations when conducting audits for The Linn Group, a CFTC-registered Futures Commission Merchant.  CFTC				 					 

						
Tagged in:
													  Accounting Fraud, 
													  CFTC Whistleblower Reward Program, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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