MAN AND COMPANY ORDERED TO PAY $3.2 MILLION IN FOREIGN CURRENCY FRAUD ACTION

FROM: U.S. COMMODITY FUTURES TRADING COMMISSION

Federal Court in California Orders Victor Yu and His Company to Pay over $3.2 Million in Foreign Currency Fraud Action

Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced that it obtained a federal court Order requiring Defendants Victor Yu of San Jose, Calif., and his company, VFRS, LLC (VFRS), to pay restitution of nearly $2.15 million, disgorgement of more than $270,000, and a civil monetary penalty of over $800,000. The Order also imposes permanent trading and registration bans against Yu and VFRS and permanently prohibits them from further violations of federal commodities law, as charged.

The Order for Default Judgment and Permanent Injunction was entered on March 26, 2013, by Judge Yvonne Gonzales Rogers of the U.S. District Court for the Northern District of California. The Order stems from a CFTC Complaint filed on July 26, 2012, that charged Yu and VFRS with defrauding clients in connection with off-exchange foreign currency (forex) trading and failing to register with the CFTC as a Commodity Trading Advisor (CTA).

The court’s Order finds that the Defendants fraudulently induced more than 100 individuals to open forex trading accounts. In their client solicitations, the Defendants misrepresented that they had developed trading software that made forex trading "extremely safe" and that would prevent clients from ever reaching certain loss thresholds, the Order finds. The Defendants also misrepresented to some prospective clients that their trading software had shown positive returns on every trade it ever made and had successfully predicted activity in the currency markets back to the 1920s, according to the Order.

The Order further finds that, from 2009 to the present, the Defendants induced their clients to invest over $5 million in forex trading accounts, and clients lost almost $2.15 million during the same period. The Defendants received over $270,000 in service fees from those clients, the Order finds.

Once clients opened forex trading accounts, the Order finds that Yu and VFRS instructed them to give Defendants their log-in and password information so that the Defendants could place trades in their accounts. By this conduct, Yu acted as a CTA without being registered as such, according to the Order.

CFTC Division of Enforcement staff members responsible for this case are Robert Howell, Jennifer Smiley, Joseph Patrick, Susan Gradman, Scott Williamson, Rosemary Hollinger, and Richard Wagner.

COURT ORDERS CORPORATION AND PRINCIPAL TO PAY $1.4 MILLION TO SETTLE FOREX FRAUD CHARGES

FROM: U.S. COMMODITY FUTURES TRADING COMMISSION

Federal Court in New York Orders Madison Dean, Inc. and Its Principal, George Athanasatos, to Pay over $1.4 Million to Settle Forex Fraud Charges in CFTC Enforcement Action

Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) today announced that it obtained a federal court Order against Defendants Madison Dean, Inc. (Madison Dean), of Wantagh, N.Y., and its principal, George Athanasatos, also of Wantagh, requiring them jointly to pay nearly $250,000 in restitution to defrauded customers. The Consent Order of Permanent Injunction, entered by Judge Joseph F. Bianco of the U.S. District Court for the Eastern District of New York, also imposes a $1 million civil monetary penalty on Madison Dean and a penalty of $210,000 on Athanasatos. The Order imposes permanent trading and registration bans against both defendants and prohibits them from violating the anti-fraud provisions of the Commodity Exchange Act, as charged.

The Order stems from a CFTC Complaint filed on May 8, 2012, charging Madison Dean, Athanasatos, and another Madison Dean principal, Laurence Dodge of Fresh Meadows, N.Y., with fraudulently soliciting approximately 19 persons to invest approximately $415,000 in managed trading accounts to trade off-exchange foreign currency (forex) contracts on a leverage or margined basis (see CFTC Press Release 6254-12).

The Order finds that Madison Dean and Athanasatos — through an internet website, written solicitation materials, and oral solicitations — misrepresented and omitted material facts about the history of Madison Dean, the performance record of Madison Dean, the nature of the Madison Dean’s clients, and the background and qualifications of the Madison Dean’s employees to create a false impression that Madison Dean was a well-established and successful company. The Order further finds that after being in operation for a little over one year — during which time customers lost approximately $250,000 and Madison Dean collected approximately $112,000 in commissions and fees — Madison Dean shut down its operation with no notice to its customers and no way for customers to contact the company or any of its associates.

The CFTC’s litigation continues against Defendant Laurence Dodge.

The CFTC appreciates the assistance of the United Kingdom’s Financial Services Authority in this matter.

CFTC Division of Enforcement staff members responsible for this case are Alan I. Edelman, James H. Holl, III, Michelle Bougas, Gretchen L. Lowe, and Vincent McGonagle.

JUDGEMENT RENDERED ON OFF-EXCHANGE FOREX SCAM

FROM:  CFTC

CFTC Obtains Default Judgment against Former Florida Resident Juvenal E. Machado and His Company, Invers Forex, LLC, for Off-Exchange Forex Scam

Court orders defendants to pay more than $4 million in customer restitution and penalty and permanently bars them from the commodities industry

Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced that Judge Marcia G. Cook, of the U.S. District Court for the Southern District of Florida, entered an order of default judgment and permanent injunction against Juvenal Eduardo Machado (Machado) (aka Juvenal Eduardo Machado Bogadi, Edward Kaufman, and Eduardo Machado), whose last known address in the United States is Miami, Fla., and his company, Invers Forex, LLC. Neither defendant has ever been registered with the CFTC.

The order stems from a CFTC enforcement action filed on June 23, 2011, that charged the defendants with defrauding customers in an off-exchange foreign currency (forex) scam and with misappropriating customer funds (see CFTC Press Release 6057-11).

The order requires Machado and Invers Forex jointly and severally to pay a $3.92 million civil monetary penalty and restitution of $201,613. The order also imposes permanent trading and registration bans against the defendants and prohibits them from violating the Commodity Exchange Act, as charged.

The order finds that beginning in December 2008, and continuing to at least March 2010, Machado and Invers Forex fraudulently solicited least $717,100 from at least 28 persons, including Machado’s friends, neighbors, and church members, to trade forex on their behalf. According to the order, many of Machado’s prospective customers attended prayer meetings in his home, where Machado touted his forex trading experience and ability. The order finds that Machado told customers and prospective customers that God had put him on the earth to help people financially, or words to that effect, and that by trading forex contracts for them, he could give them financial freedom for the rest of their lives.

The order also finds that as part of his solicitation, Machado offered prospective customers guaranteed “interest” (i.e., profits) on their investments of five percent or more per month and falsely represented to at least one prospective customer that he had never lost money trading forex.

Of the $717,100 that customers provided to the defendants to trade forex, the defendants lost $120,117 trading forex, returned $395,370 to customers as purported profits, and misappropriated the remaining $201,613, the order finds.

In May or June 2010, without returning all of the customers’ remaining funds, Machado moved from his home in Miami, Fla., to Ontario, Canada, and his customers have not been able to contact him, according to the order.

The CFTC appreciates the assistance of the United Kingdom’s Financial Services Authority.

The CFTC Division of Enforcement staff members responsible for this case are Matthew Elkan, Michael Loconte, Erica Bodin, Dan Jordan, Rick Glaser, and Richard Wagner.

COURT ORDERS $4.8 MILLION IN FINES AGAINST COMPANY, PRINCIPALS FOR ISSUING FALSE ACCOUNT STATEMENTS IN A FOREX FUND

FROM:  CFTC
Federal Court in Texas Orders Total Call Group, Inc. and its Principals to Pay over $4.8 Million in Fines for Making False Representations and Issuing False Account Statements in Forex Fraud
Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) today announced that a federal court entered an order of default judgment and permanent injunction against Total Call Group, Inc. (aka TPFX, Inc., Power Play FX) of Frisco, Texas, and its principals, Craig B. Poe, also of Frisco, and Thomas Patrick Thurmond (aka Patrick Thurmond) of San Antonio, Texas.

The court’s order requires Poe and Thurmond, respectively, to pay a civil monetary penalty of $3.24 million and $1.62 million and holds Total Call Group jointly and severally liable for the payment of these amounts.

The order, entered on March 30, 2012, by Judge Richard A. Schell of the U.S. District Court for the Eastern District of Texas, stems from a CFTC enforcement action filed on September 29, 2010, that charged the defendants with issuing false customer account statements in connection with an off-exchange foreign currency (forex) fraud (see CFTC Press Release 5908-10).

The order finds that, beginning in early 2006 and continuing until October 2008, the defendants solicited approximately $808,000 from at least four customers to trade forex. In soliciting the funds, Thurmond made false representations to one or more of Total Call Group’s customers, including that Poe had been trading forex and living off the income for over four years, and that he and Poe had personally provided over $1 million to Total Call Group, according to the order.

At the end of August 2008, the defendants sustained trading losses and incurred trading fees amounting to approximately 90 percent of the then current balance of the trading accounts, according to the order. However, the defendants did not report these substantial losses to customers, but instead continued to promote the profitability of trading and solicited additional funds, the order finds.

In September through December 2008, the order finds that the defendants traded and lost almost all of the remaining funds in the trading accounts. Despite these losses, Poe sent false account statements to customers, including several false statements after the trading accounts were fully liquidated in November 2008, that collectively reflected a positive balance of over $750,000 in Total Call Group’s forex trading accounts.

CFTC Division of Enforcement staff members responsible for this action are Patrick M. Pericak, Daniel Jordan, Eugenia Vroustouris, Jessica Harris, Michael Loconte, Rick Glaser and Richard B. Wagner.

CFTC ASSERTS THAT TEXAS MAN OPERATED FRAUDULENT FOREIGN CURRENCY BUSINESS

The following excerpt is from the CFTC website:

February 8, 2012
“Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) today announced the filing of an enforcement action against Christopher B. Cornett of Buda, Texas, charging him with solicitation fraud, issuing false account statements, misappropriating pool participants’ funds, and failing to register in connection with an off-exchange foreign currency (forex) fraud.

According to the CFTC complaint, filed on February 2, 2012, in the U.S. District Court for the Western District of Texas, from at least June 2008 through at least October 2011, Cornett solicited prospective pool participants to provide funds for a pooled investment in forex. Cornett acted as the manager and operator of the pool, which was referred to at various times as ITLDU, ICM, International Forex Management, LLC and/or IFM, LLC. In soliciting prospective pool participants for the forex pool, Cornett allegedly falsely told prospective pool participants that, while there were weeks when Cornett either lost money or broke even trading forex, Cornett had never experienced a losing month or a losing year trading forex.

During the period from June 18, 2008, through September 2010, Cornett allegedly solicited approximately $7.07 million from pool participants, pool participants redeemed approximately $1.64 million and Cornett lost approximately $4.17 million of the pool’s funds trading forex. During this period, Cornett allegedly had only one profitable month trading forex with pool funds. As a result, Cornett allegedly misappropriated approximately $1.26 million of the pool’s funds. Furthermore, most, if not all, of the profits, losses and account balances that Cornett reported to pool participants were false, according to the complaint.

From October 2010 through October 2011, Cornett allegedly solicited an additional approximately $6.95 million from pool participants, and pool participants redeemed an additional approximately $2.22 million. During this period, Cornett transferred approximately $1.81 million of pool participant funds to accounts at three foreign firms and lost all but approximately $1,600 trading forex, according to the complaint. Cornett also is alleged to have transferred approximately $1.56 million of pool participant funds to three additional foreign firms during this period. Because Cornett was acting as a commodity pool operator (CPO) from October 18, 2010, through at least October 13, 2011, he was required to be registered as a CPO. As of October 13, 2011, Cornett allegedly had failed to register as a CPO.

In the litigation, the CFTC seeks restitution, disgorgement, civil monetary penalties, trading and registration bans and a permanent injunction prohibiting further violations of the federal commodities laws.

The CFTC appreciates the assistance of the U.K. Financial Services Authority, the British Virgin Islands Financial Services Commission, the Ontario Securities Commission, Germany’s BaFin, and the Swiss Financial Market Supervisory Authority.”

SEC FILES CIVIL INJUNCTION AGAINST INVESTMENT ADVISOR AND PRINCIPAL FOR MISREPRESENTATIONS REGARDING THE FOREX MARKET

The following excerpt is from the SEC website: “The Securities and Exchange Commission announced that, on September 8, 2011, it filed a civil injunctive action in federal district court in Massachusetts against registered investment adviser EagleEye Asset Management, LLC, and its sole principal, Jeffrey A. Liskov, both of Plymouth, MA, in connection their fraudulent conduct toward advisory clients. In its complaint, the Commission alleges that, between at least April 2008 and August 2010, Liskov made material misrepresentations to nearly a dozen advisory clients to induce them to liquidate investments in securities and instead invest the proceeds in foreign currency exchange (“forex”) trading. These investments, which were not suitable for older clients with conservative investment goals, resulted in steep losses for clients, totaling nearly $4 million, but EagleEye and Liskov came away with over $300,000 in performance fees on these investments alone, in addition to other management fees they collected from clients. Liskov’s strategy was to generate temporary profits on client forex investments to enable him to collect performance fees, after which client investments invariably would sharply decline in value. According to the Commission’s complaint, Liskov’s material misrepresentations to clients concerned the nature of forex investments, the risks involved, and his expertise and track record in forex trading. As to some clients, Liskov did not explain what forex trading was at all. As to other clients, Liskov downplayed the risks of forex investments. Liskov also falsely told several clients that he had had prior success in forex trading, when in fact he had lost substantial sums of his own or other clients’ money in forex trading when he made such statements. The Commission’s complaint further alleges that, in the case of two clients, without their knowledge or consent, Liskov liquidated securities in their brokerage accounts and transferred the proceeds to their forex trading accounts where he lost nearly all client funds, but not before first collecting performance fees for EagleEye (and ultimately himself) on short-lived profits in the clients’ forex accounts. The complaint alleges that Liskov accomplished the unauthorized transfers by doctoring asset transfer forms. On several occasions, Liskov took old forms signed by the clients and used “white out” correction fluid to change dates, asset transfer amounts, and other data. Liskov also used similar tactics to open multiple forex trading accounts in the name of one client, thereby maximizing his ability to earn performance fees for EagleEye (and ultimately himself) on the client’s investments, all without disclosing this to the client or obtaining the client’s consent. The Commission’s complaint alleges that, by the foregoing conduct, EagleEye and Liskov violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. The Commission further alleges that EagleEye failed to maintain certain books and records required of investment advisers in violation of Section 204 of the Advisers Act and Rule 204-2(a) thereunder, and that Liskov aided and abetted EagleEye’s violations of these provisions. The Commission seeks a permanent injunction, disgorgement of ill-gotten gains plus prejudgment interest thereon, and the imposition of a monetary penalty against both EagleEye and Liskov.”

CFTC SETTLES CHARGES OF FRAUD WITH OFF-EXCHANGE FOREIGN CURRENCY DEALER

The following is from the CFTC website: “Washington, DC – The Commodity Futures Trading Commission (CFTC) today filed and simultaneously settled charges that Roy Scarboro, Jr. of Archdale, N.C., fraudulently solicited approximately $713,000 from customers to trade off-exchange foreign currency (forex). The CFTC order also finds that Scarboro misappropriated funds for his personal use and issued false account statements to conceal that he lost most of the funds trading. Scarboro has never been registered with the CFTC. The CFTC order requires Scarboro to pay a $350,000 civil monetary penalty. The order also permanently prohibits Scarboro from trading on a CFTC-registered entity and from registering or seeking exemption from registration with the CFTC. According to the CFTC order, beginning in or about June 2009, Scarboro solicited and accepted approximately $713,000 from at least six individuals for the purpose of trading off-exchange leveraged forex through a pool named Capital Asset Management Fund, L.P. (CAMF). Scarboro was CAMF’s General Partner and Manager. In his solicitations, Scarboro represented to at least one participant that only 20 percent of CAMF’s funds would be used to trade forex, with the remainder being invested in U.S. Treasuries. In fact, Scarboro used participants’ funds to trade forex only and never invested in any type of U.S. Treasury instrument, according to the order. The CFTC order further finds that Scarboro deposited approximately $612,000 in forex trading accounts at registered Futures Commission Merchants. He sustained consistent losses as a result of his trading, with no profitable months, and lost approximately $597,000 of his participants’ funds, according to the order. To conceal his trading losses, the order finds, Scarboro issued false monthly account statements to CAMF’s participants that showed at various times that the participants were either making modest profits or incurring only modest losses. In addition, Scarboro falsely reported to participants on these account statements that he was taking no allocation of the profits for himself as CAMF’s General Partner. The order also finds that Scarboro misappropriated at least $59,000 of participants’ funds. In a related criminal proceeding, Scarboro was sentenced on May 4, 2011 to 26 months imprisonment and required to pay $682,663.62 in restitution (United States v. Roy E. Scarboro, Case Number 3:10-cr-254 (W.D.N.C.))."

DEFENDANT AND MANAGED COMPANIES CHARGED IN COMMODITY FUTURES AND FOREX SCHEME

The following excerpt is from the CFTC website: “Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) today announced that on August 18, 2011 a federal court in California entered an order freezing the assets of defendants Douglas Elsworth Wilson of Poway, Calif., and three California companies that he controls and manages, Elsworth Berg Capital Management LLC (EBCM), Elsworth Berg Inc., and Elsworth Berg FX LLC (collectively, Elsworth Berg). The order also prohibits the destruction of their books and records. The order arises out of a CFTC civil complaint filed on July 27, 2011 in the U.S. District Court for the Southern District of California. The complaint alleges that the defendants solicited at least $4.4 million from over 60 customers to trade commodity futures contracts and foreign currency (forex). The defendants allegedly misappropriated customer funds, committed solicitation fraud, and issued false statements in the commodity futures and forex scheme. In connection with their fraud, defendants allegedly misrepresented to customers and prospective customers that regardless of Elsworth Berg’s commodity futures or forex trading results, the return of customers’ investment principal was guaranteed at the end of a five-year period through use of a purportedly innovative “Collateral Reserve” structure, which owned life insurance policies on third-parties. Wilson and EBCM also allegedly issued false statements to some customers that overstated the value of their investments. Wilson and EBCM misappropriated approximately $72,000 in customer funds and used the money for purposes other than trading, according to the complaint. In its continuing litigation against the defendants, the CFTC seeks restitution to defrauded customers, civil monetary penalties, permanent trading and registration bans, and permanent injunctions against further violations of federal commodities law."

CFTC ORDERS FLORIDA MAN TO PAY $140,000 PENALTY FOR FOREIGN CURRENCY SCHEME

THE FOLLOWING IS AN EXCERPT FROM THE CFTC WEBSITE:

"CFTC Orders Mark Adrian of Florida to Pay $140,000 Civil Penalty in Fraudulent Foreign Currency Scheme
Adrian pleaded guilty to federal criminal wire fraud and faces sentencing on August 2, 2011.
Washington, DC ― The U.S. Commodity Futures Trading Commission (CFTC) today filed and simultaneously settled charges against Mark Adrian of Delray Beach, Fla., for his role in issuing false statements to customers in a fraudulent foreign currency (forex) scheme. The CFTC order requires Adrian to pay a $140,000 civil monetary penalty and prohibits him from trading for or on behalf of any other person and applying for registration with the CFTC. Adrian is currently not registered with the CFTC.

The CFTC order finds that, from approximately 2005 through approximately August 2008, KJW Capital Management, LLC (KJW), where Adrian was an employee and member, solicited customers — directly and indirectly through brokers — to open managed accounts in which KJW would trade off-exchange forex on behalf of these customers. KJW used purported proprietary trading methodologies and obtained more than $18.4 million from at least 58 customers, according to the order. KJW traded forex in individual customer accounts at Avidus Trading, LLC (Avidus), where Adrian was also an employee and member, and where all of KJW’s customers were required to open and maintain forex trading accounts, according to the order.

Customers suffered significant forex trading losses, and, instead of informing customers of these losses, Adrian created false bank records and spreadsheets to hide the losses from customers, the order finds. For example, one of Avidus’ Dresdner Bank (Dresdner) account statements that Adrian falsified had the same font, color and account number as the actual Dresdner statement; however, the balances were vastly different, the order finds. The actual Dresdner balance totaled $181,000, whereas the Dresdner balance per Adrian was $2,488,000, according to the order.

The information contained in these false bank records and spreadsheets became the basis for numerous oral and written material misrepresentations and omissions made to customers, the order finds. By these misrepresentations and omissions, Adrian deceived customers into not withdrawing their funds, which resulted in customers suffering losses of at least $2.3 million, according to the order.

In a related criminal proceeding, the U.S. Attorney’s Office for the Northern District of Illinois filed an information against Adrian on September 13, 2010 (Case No. 1:10-cr-00754). Adrian pleaded guilty to wire fraud on October 26, 2010. Sentencing is scheduled for August 2, 2011.

The CFTC thanks the U.S. Attorney’s Office for the Northern District of Illinois, the Federal Bureau of Investigation and the U.K.’s Financial Services Authority for their assistance in this matter.

CFTC staff members responsible for this case are Charles Marvine, Rick Glaser and Richard Wagner."