CFTC CHARGES COMPANY AND OWNERS WITH FRAUD AND MISAPPROPRIATION IN COMMODITY INVESTMENT POOL CASE

FROM:  U.S. COMMODITY FUTURES TRADING COMMISSION 

CFTC Charges Colorado Company R2 Capital Group, LLC, and its owners, Ryan Tomazin, Ryan Madigan, Randell A.Vest, RAST Investor Group, LLC, Madigan Enterprises, Inc., and Bulletproof Vest, Inc. with Fraud and Misappropriation

Defendants allegedly solicited more than $2.4 million from at least four participants in commodity investment pool

Federal court issues restraining orders freezing Defendants’ assets and protecting books and records

Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced that on August 15, 2014, Chief Judge Marcia S. Krieger, of the U.S. District Court for the District of Colorado, issued a restraining Order freezing the assets of Defendants Ryan Tomazin of Stamford, Connecticut, Ryan Madigan of Raleigh, North Carolina, and Randell A. Vest of Fort Myers, Florida. The restraining Order was an expansion of the court’s August 7, 2014 restraining Order, which froze the assets of Tomazin’s, Madigan’s and Vest’s holding companies — Defendants RAST Investor Group, LLC, Madigan Enterprises, Inc., and Bulletproof Vest, Inc., respectively — and their Colorado company, Defendant R2 Capital Group LLC (R2 Capital). The restraining Orders also prohibit the Defendants from destroying or altering books and records.

Both restraining Orders arise from a CFTC federal court enforcement action filed on August 6, 2014, charging the Defendants with futures and foreign currency (forex) fraud, and misappropriation. The CFTC Complaint also charges the Defendants with illegally commingling funds received from pool participants with others’ funds by, among other things, transferring pool participant funds directly into the personal bank accounts of Tomazin, Madigan, Vest, their respective holding companies, and R2 Capital.

The Complaint alleges that since at least December 2009 through the present, R2 Capital — owned and operated by Tomazin, Madigan, and Vest, and their respective holding companies — solicited more than $2.4 million from at least four pool participants who invested in an investment pool operated by R2 Capital: R2 Commercial Capital Partners I L.P. (the Commercial Pool). The Commercial Pool traded forex and, later, futures contracts, including E-mini S&P 500 futures contracts and E-mini Dow futures contracts, according to the Complaint.

The Complaint alleges that Defendants falsely and fraudulently concealed from at least two pool participants that 1) Defendants had closed the forex account, 2) that Pool Participants’ funds had been transferred to a new account at a different Futures Commission Merchant, 3) that the Commercial Pool was no longer trading forex, and 4) that the Commercial Pool was now trading E-mini S&P 500 futures and securities products.

In addition, the Defendants allegedly misappropriated more than $1.2 million of pool funds by routinely illegally diverting substantial sums from the R2 Capital and Commercial Pool bank accounts to themselves and their Defendant holding companies until all but a few hundred dollars of the pool participant funds were dissipated. Defendants allegedly then spent these misappropriated funds on personal trips, private school tuition for their children, other investments, and miscellaneous personal expenses.

In its continuing litigation, the CFTC seeks civil monetary penalties, restitution, rescission, disgorgement of ill-gotten gains, trading and registration bans, and permanent injunctions against further violations of the federal commodities laws, as charged.

The CFTC appreciates the assistance of the National Futures Association.

CFTC Division of Enforcement staff responsible members for this case are Sophia Siddiqui, Ken Koh, Dmitriy Vilenskiy, Luke Marsh, and Paul Hayeck.

FINAL JUDGEMENT ENTERED IN BRIBERY CASE AGAINST FORMER SIEMENS CFO

FROM:  SECURITIES AND EXCHANGE COMMISSION 

SEC Concludes Its Case Against Former Siemens Executives Charged with Bribery in Argentina, Obtaining Judgments over $1.8 Million

The Securities and Exchange Commission announced that on February 3, 2014, the U.S. District Court for the Southern District of New York entered a final judgment against Andres Truppel, a former CFO of Siemens Argentina. On February 4, 2014, the Court also entered

a final judgment against Ulrich Bock and Stephan Signer, both former Heads of Major Projects at Siemens Aktiengesellschaft (Siemens). The judgments resolve the Commission’s Civil Action against Truppel, Bock and Signer for their role in a decade long bribery scheme at Siemens and its regional company in Argentina.

On December 13, 2011, the Commission filed a Civil Action charging Bock, Signer, Truppel and four other senior executives of Siemens and its regional company in Argentina with violations of the anti-bribery, books and records, and internal controls provisions of the FCPA. The Commission alleged that between 2001 and 2007, the defendants paid bribes to senior government officials in Argentina to retain a $1 billion contract (“the DNI contract”) to produce national identity cards for Argentine citizens. The officials included two Argentine presidents and cabinet ministers in two presidential administrations.

The Commission’s complaint alleged that Bock and Signer, both senior Siemens managers based in Germany, took various actions to revive the DNI contract after it was cancelled by government officials in Argentina, and made sure that the bribery connected to the contract went undetected. Truppel, a former CFO of Siemens Argentina with close ties to government officials, assisted their efforts. The Commission’s complaint also alleged that Uriel Sharef, a member of Siemens Managing Board, or “Vorstand,” and the most senior officer charged in connection with the scheme, met with payment intermediaries in the U.S. and agreed to pay bribes to Argentine officials while enlisting subordinates to conceal payments and circumvent Siemens’ internal accounting controls.

The final judgment as to Bock and Signer enjoins them from violating Sections 30A and 13(b)(5) of the Exchange Act, and Rule 13b2-1 thereunder, and from aiding and abetting Siemens’ violations of Exchange Act Sections 31(b)(2)(A) and 13(b)(2)(B), and orders them to each pay a civil penalty of $524,000, the highest penalty assessed against individuals in an FCPA case. The judgment also orders Bock to pay disgorgement of $316,452, plus prejudgment interest thereon in the amount of $97,505. Bock and Signer failed to respond to the Commission’s complaint.

The final judgment as to Truppel enjoins him from violating Sections 30A and 13(b)(5) of the Exchange Act, and Rule 13b2-1 thereunder, and from aiding and abetting Siemens’ violations of Exchange Act Sections 13(b)(2)(A) and 13(b)(2)(B), and orders him to pay a civil penalty of $80,000. Truppel settled the Commission’s charges without admitting or denying the allegations in the complaint.

This concludes the SEC’s case. The Commission previously announced that on April 16, 2013, a final judgment was entered by the Court against Uriel Sharef, a former officer and board member of Siemens, for his role in the long standing bribery scheme. The final judgment, to which Sharef consented without admitting or denying the allegations in the Commission’s complaint, enjoined him from violating the anti-bribery and related books and records and internal controls provisions of the FCPA, and ordered him to pay a $275,000 civil penalty. Bernd Regendantz settled with the Commission when the complaint was filed, and allegations against Herbert Steffen and Carlos Sergi were dismissed. The SEC appreciates the assistance of the Department of Justice, Fraud Section, the Federal Bureau of Investigation, the Office of the Prosecutor General in Munich, Germany and authorities in Argentina.