Showing posts with label FOREIGN CURRENCY CONTRACTS. Show all posts
Showing posts with label FOREIGN CURRENCY CONTRACTS. Show all posts

Monday, October 27, 2014

CFTC OBTAINS DEFAULT JUDGEMENT AGAINST TEXAS CORPORATION FOR FRAUD INVOLVING FOREIGN FOREIGN CURRENCY CONTRACTS

FROM:  U.S. COMMODITY FUTURES TRADING COMMISSION 
CFTC Obtains Default Judgment against Texas-Based Financial Robotics, Inc. for Fraudulent Forex Scheme
Federal Court Orders Defendant to Pay More than $3 Million in Restitution and a Monetary Penalty in CFTC Anti-Fraud Action

Washington, DC — The U.S. Commodity Futures Trading Commission (CFTC) today announced that Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas entered an Order of default judgment and permanent injunction against Defendant Financial Robotics, Inc. (FinRob), a Texas corporation. The court’s Order requires FinRob to pay restitution of $827,000 and a civil monetary penalty of $2,481,000. The Order also imposes permanent trading and registration bans against FinRob and prohibits it from violating provisions of the Commodity Exchange Act, as charged.

The Order, entered on October 9, 2014, stems from a CFTC Complaint filed on June 29, 2011 (see CFTC Press Release 6067-11). The Order finds that, from at least June 2008, FinRob, and its controlling person, Defendant Mark E. Rice, operated a fraudulent scheme that solicited approximately $1.7 million from one individual to trade leveraged off-exchange foreign currency contracts. According to the Order, Defendants falsely told their customer, among other things, that his investment was “risk free” and insured against loss and that the return of his principal was guaranteed. The Order further finds that Defendants misappropriated at least $576,000 of customer funds by transferring the money to unrelated Rice-controlled companies, and thereafter spending at least $404,000 of those funds for Rice’s personal and business expenses.

CFTC Previously Settled with Defendant Rice

Previously, on January 13, 2014, the court entered a Consent Order of permanent injunction against Defendant Rice, requiring him to pay a combined total of $1.5 million in restitution and a civil monetary penalty, among other sanctions, to settle the CFTC action (see CFTC Press Release 6828-14).

The CFTC cautions victims that restitution orders may not result in the recovery of money lost because the wrongdoers may not have sufficient funds or assets. The CFTC will continue to fight vigorously for the protection of customers and to ensure the wrongdoers are held accountable.

The CFTC thanks the National Futures Association, the British Virgin Islands Financial Services Commission, the Netherlands Authority for the Financial Markets, and the United Kingdom’s Financial Conduct Authority for their assistance.

CFTC Division of Enforcement staff members responsible for this case are Kevin Webb, Michelle Bougas, James Holl, III, and Gretchen L. Lowe.

Friday, December 20, 2013

FLORIDA COURTS ORDERS OVER $ 8 MILLION IN SANCTIONS IN COMMODITY POOL FRAUD CASE

FROM:  U.S. COMMODITY FUTURES TRADING COMMISSION 
Federal Court in Florida Orders More than $8 Million in Sanctions against Defendants Philip Leon and Paul Rangel for Commodity Pool Fraud and Misappropriation

In a Parallel Criminal Action, Leon Pleaded Guilty to Mail and Wire Fraud

Washington, DC — The U.S. Commodity Futures Trading Commission (CFTC) obtained federal court Orders requiring Defendants Philip Leon, of Altamonte Springs, Florida, to pay a $4 million civil monetary penalty and $1,598,343 in disgorgement and Paul Rangel, of Apopka, Florida, to pay a $1.7 million civil monetary penalty and $819,781 in disgorgement to settle CFTC charges related to a fraudulent commodity pool scheme. The consent Orders of permanent injunction, both entered on December 17, 2013 by Judge Gregory A. Presnell of the U.S. District Court for the Middle District of Florida, also impose permanent trading and registration bans against Leon and Rangel and prohibit them from violating provisions of the Commodity Exchange Act and a CFTC Regulation, as charged.

The Orders stem from a CFTC Complaint filed on July 16, 2012 against Leon and Rangel, as well as Defendants John G. Wilkins and their company Altamont Global Partners LLC (see CFTC Press Release 6315-12).

The Orders find that, from approximately March 2009 to at least June 22, 2012, Leon and Rangel operated a fraudulent scheme that solicited at least $18 million from approximately 241 commodity pool participants to trade, among other things, commodity futures contracts, options on futures, and off-exchange foreign currency contracts. The Orders further find that Leon and Rangel misappropriated a combined total of more than $2.4 million of pool participants’ funds and issued false statements to pool participants regarding the profitability and value of their accounts. Specifically, Leon misappropriated nearly $1.6 million and Rangel nearly $819,000 of pool participants’ funds as “loans” and “advances” from the commodity pools, designed to disguise their misappropriation, the Orders find.

In a related criminal action, on November 6, 2013, Leon pleaded guilty to one count of conspiracy to commit mail fraud and wire fraud (see United States v. Leon, No. 13-cr-249 (M.D. Fla. Oct. 2, 2013)). Leon has not yet been sentenced.

The CFTC’s litigation continues against Altamont Global Partners and Wilkins.

The CFTC thanks the National Futures Association for its assistance.

CFTC Division of Enforcement staff members responsible for this case are Rachel Hayes, Peter Riggs, Stephen Turley, Charles Marvine, Rick Glaser, and Richard Wagner.

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