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This is a photo of the National Register of Historic Places listing with reference number 7000063

Sunday, July 24, 2011

SEC AND CAPITAL MARKETS BOARD OF TURKEY ANNOUNCE ENHANCED COOPERATION

The following excerpt is from the SEC website: “Washington, D.C., July 22, 2011 – The Securities and Exchange Commission and the Capital Markets Board of Turkey (CMB) today announced a new relationship to enhance cooperation and collaboration with the aim of promoting investor protection, fostering market integrity, and facilitating cross-border securities activities between Turkey and the United States. In light of the growing interest in the cross-border flow of financial services and investment between the U.S. and Turkey, the dialogue will provide an opportunity for the SEC and the CMB to discuss issues of common concern, including those relating to supervisory and enforcement matters. SEC Chairman Mary Schapiro and CMB Chairman Dr. Vedat Akgiray elaborated on the terms establishing the structure of and agenda for a SEC-CMB dialogue, which has three main objectives: Identify and discuss regulatory issues of common concern. Improve cooperation and the exchange of information in cross-border securities enforcement matters. Maintain and continue to develop the existing jointly-sponsored training and technical assistance programs that benefit the SEC, CMB, and other regulators in the region. Chairman Schapiro said, “Participating in cross-border efforts to increase transparency for investors, promote well-regulated markets, and strengthen cooperation in supervisory and enforcement matters is essential for any securities regulator in today’s global markets. The initiative established today will serve to benefit investors in the United States and Turkey, and facilitate cross-border capital flows.” Chairman Akgiray said, “With the new dynamics caused by global financial markets, we would like to capitalize on this international dimension to the benefit our fast-growing capital market in Turkey. With this vision, the CMB and the SEC cooperation that will occur through this bilateral regulatory dialogue will significantly improve cooperation for regulatory and supervisory issues, address common concerns more effectively, and therefore prove to be mutually beneficial. Upgrading our financial markets in an internationally collaborative way will contribute to the Istanbul Financial Center workplan as well. We believe this initiative will facilitate the CMB’s mission of investor protection, market integrity, and a regulatory environment that encourages capital formation.” Ethiopis Tafara, Director of the SEC’s Office of International Affairs, said, “We benefit immensely in obtaining the CMB’s perspectives on current challenges that securities regulators face given CMB’s unique location within the region. We look forward to discussions on a variety of matters of importance to investors in the global marketplace, including improving oversight of market intermediaries and the development of markets for small enterprises.” This announcement reflects the long-standing tradition of bilateral technical assistance programs between the SEC and CMB. In 2008, 2009, and 2010, the CMB co-sponsored three major regional training sessions in Turkey on market regulation, inspections, enforcement, and disclosure with more than 575 people trained, including financial services staff and officials from the Turkish market as well as other foreign authorities from the region. At these programs, SEC and CMB senior staff shared their insights on promoting timely and accurate disclosure and transparency as a tool for regulating capital markets. The CMB has been particularly successful in attracting participation in these market-development training programs due to its current role as head of IOSCO’s Emerging Market Committee.” Whenever looking at geographic locations to invest in it should be of concern for every investor as to whether the information you obtain is obtained using the same methods as you have in your own nation. The more cooperation there is between markets should over time help to promote universal standards which will make sure that the reporter and user of financial information no matter where in the world each is located, are both reading off the same exact page.

COURT STRIKES DOWN SHAREHOLDER FRIENDLY RULE

The following is an excerpt from the SEC website: "Regarding Court of Appeals Decision on Proxy Access by Meredith Cross Director, Division of Corporation Finance U.S. Securities and Exchange Commission July 22, 2011 "We are disappointed by today's decision striking down a rule that made it easier for shareholders to nominate a candidate to a company's board of directors. We are considering our options going forward. We note that our rule allowing shareholders to submit proposals for proxy access at their companies, which we adopted at the same time, is unaffected by the court's decision." Corporations are not democracies and therefore have no interest in listening to shareholders unless there are just a few shareholders who have together enough voting shares in the company to actually be able to bring about a successful revolution and roust the top managers from their office lair. Unfortunately, too many corporations are run much like despotic dictatorships and the only way that management is ever changed is when the lights go out and the business is shut down due to the incompetence of management. So, in terms of how the owners are treated the modern corporation is like something dreamt up by Lenin except for the only workers who have rights at a corporation are the top managers (party leaders).

CONCURRENCE STATEMENT: EFFECTIVE DATE OF SWAP REGULATION



The following is an excerpt from the CFTC website:

Concurrence Statement on the Order Regarding the Effective Date for Swap Regulation
Commissioner Scott D. O’Malia
July 14, 2011

I concur with the Commission’s decision to use its exemptive authority under section 4(c) of the Commodity Exchange Act (CEA) to provide temporary relief from certain provisions of the Dodd-Frank Act. This order will provide much needed legal certainty to the market, at least until December 31, 2011, while the Commission continues its efforts to adopt final rules under the Dodd-Frank Act. Whereas I support the Commission in providing legal certainty, albeit limited, I am disappointed in the lack of harmonization between our order and the exemptive relief that the Securities and Exchange Commission (S.E.C.) provided. I am also disappointed that the final order ignored a number of comments from market participants, those that have most at stake in each of the Commission’s decisions. I hope that this order does not foreshadow the direction of final rulemakings to come.

Lack of Harmonization

In general, the S.E.C.’s order provides exemptive relief until the relevant final rulemaking is implemented. The Commission’s order provides such relief only until December 31, 2011. I proposed an amendment that would have conformed the two orders that the Commission rejected. The S.E.C. is a full partner in many of our rulemakings; it only makes sense to develop identical relief policies. The C.F.T.C.’s sunset provision is based on an arbitrary date and cuts short the very legal certainty that this order purports to provide. Moreover, participants from every aspect of our market – including investor advocates, a designated contract market and derivatives clearing organization, a potential swap execution facility, and multiple trade associations representing intermediaries – commented that the December 31, 2011, expiration date is unnecessary. In contrast, only one commenter supported the expiration date.

Comments from Market Participants

In addition to not heeding market participants with respect to the expiration date, the Commission has also not addressed the public’s requests for an implementation plan. I have repeatedly asked the Commission to set forth an implementation plan for public notice and comment. S.E.C. Chairman Shapiro indicated, in her prepared remarks before the House Financial Services Committee, that the S.E.C. is working on an implementation plan that will include opportunity for public comment. This Commission has already begun voting on final rules, but we have yet to see a proposed implementation plan.

Market participants bear the burden of implementing the multitude of reforms that the Commission is proposing. We cannot pretend that Dodd-Frank has any chance of meeting its goals if we do not work with the public to implement the regulatory requirements.

The Commission is currently planning to meet on August 4th to consider several final rules. I strongly urge the Commission to put forward an implementation plan for public comment during the month of August. This provides a perfect opportunity to receive comment on rule order and implementation, without delaying the Commission schedule this fall. If we wait until September, we will only have ourselves to blame."

Saturday, July 23, 2011

TWO FLORIDA BANKS CLOSED AND TAKEN OVER BY AMERICAN MOMENTUM BANK

The following is an excerpt from a press released e-mailed by the FDIC: July 22, 2011 American Momentum Bank, Tampa, Florida, acquired the banking operations, including all the deposits, of Southshore Community Bank, Apollo Beach, Florida, and LandMark Bank of Florida, Sarasota. The two banks were closed today by the Florida Office of Financial Regulation, which appointed the Federal Deposit Insurance Corporation (FDIC) as receiver. To protect the depositors, the FDIC entered into a purchase and assumption agreement with American Momentum Bank. Southshore Community Bank had two branches, and LandMark Bank of Florida had six branches. All eight branches of the two closed banks will reopen during normal business hours beginning Saturday as branches of American Momentum Bank. Depositors of the two failed banks will automatically become depositors of American Momentum Bank. Deposits will continue to be insured by the FDIC, so there is no need for customers to change their banking relationship in order to retain their deposit insurance coverage up to applicable limits. Customers of the two failed banks should continue to use their existing branches until they receive notice from American Momentum Bank that it has completed systems changes to allow other branches of American Momentum Bank to process their accounts as well. This evening and over the weekend, depositors can access their money by writing checks or using ATM or debit cards. Checks drawn on the bank will continue to be processed. Loan customers should continue to make their payments as usual. As of March 31, 2011, Southshore Community Bank had approximately $46.3 million in total assets and $45.3 million in total deposits; and LandMark Bank of Florida had total assets of $275.0 million and total deposits of $246.7 million. In addition to assuming all of the deposits of the two Florida banks, American Momentum Bank agreed to purchase essentially all of their assets. Customers with questions about today's transaction should call the FDIC toll-free: for Southshore Community Bank customers, 1-800-894-2013, and for LandMark Bank of Florida customers, 1-800-889-4976. The phone number will be operational this evening until 9:00 p.m., Eastern Daylight Time (EDT); on Saturday from 9:00 a.m. to 6:00 p.m., EDT; on Sunday from noon to 6:00 p.m., EDT; and thereafter from 8:00 a.m. to 8:00 p.m., EDT. Interested parties also can visit the FDIC's Web sites: for Southshore Community Bank, http://www.fdic.gov/bank/individual/failed/southshore.html and for LandMark Bank of Florida, http://www.fdic.gov/bank/individual/failed/LandMark.html. The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) for Southshore Community Bank will be $8.3 million and for LandMark Bank of Florida, $34.4 million. Compared to other alternatives, American Momentum Bank's acquisition of the two institutions was the least costly resolution for the FDIC's DIF. The closings are the 56th and 57th FDIC-insured institutions to fail in the nation so far this year and the eighth and ninth in Florida. The last FDIC-insured institution closed in the state was First Peoples Bank, Port Saint Lucie, on July 15, 2011."

BANK OF CHOICE WAS TAKEN OVER BY THE FDIC

The following press release was sent out by the FDIC via e-mail: "Bank of Choice, Greeley, Colorado, was closed today by the Colorado Division of Banking, which appointed the Federal Deposit Insurance Corporation (FDIC) as receiver. To protect the depositors, the FDIC entered into a purchase and assumption agreement with Bank Midwest, National Association, Kansas City, Missouri, to assume all of the deposits of Bank of Choice. The 17 branches of Bank of Choice will reopen during their normal business hours beginning Saturday as branches of Bank Midwest, N.A. Depositors of Bank of Choice will automatically become depositors of Bank Midwest, N.A. Deposits will continue to be insured by the FDIC, so there is no need for customers to change their banking relationship in order to retain their deposit insurance coverage up to applicable limits. Customers of Bank of Choice should continue to use their existing branch until they receive notice from Bank Midwest, N.A. that it has completed systems changes to allow other Bank Midwest, N.A. branches to process their accounts as well. This evening and over the weekend, depositors of Bank of Choice can access their money by writing checks or using ATM or debit cards. Checks drawn on the bank will continue to be processed. Loan customers should continue to make their payments as usual. As of March 31, 2011, Bank of Choice had approximately $1.07 billion in total assets and $924.9 million in total deposits. In addition to assuming all of the deposits, Bank Midwest, N.A. agreed to purchase approximately $853.0 million of the failed bank's assets. Customers with questions about today's transaction should call the FDIC toll-free at 1-800-887-7340. The phone number will be operational this evening until 9:00 p.m., Mountain Daylight Time (MDT); on Saturday from 9:00 a.m. to 6:00 p.m., MDT; on Sunday from noon to 6:00 p.m., MDT; and thereafter from 8:00 a.m. to 8:00 p.m., MDT. Interested parties also can visit the FDIC's Web site at http://www.fdic.gov/bank/individual/failed/bankofchoice.html. As part of this transaction, the FDIC will acquire a value appreciation instrument. This instrument serves as additional consideration for the transaction. The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $213.6 million. Compared to other alternatives, Bank Midwest, N.A.'s acquisition was the least costly resolution for the FDIC's DIF. Bank of Choice is the 58th FDIC-insured institution to fail in the nation this year, and the fifth in Colorado. The last FDIC-insured institution closed in the state was Signature Bank, Windsor, on July 8, 2011."

CFTC ENFORCEMENT ACTIONS JANUARY-JULY 2011

The following excerpt is from the CFTC website: "The CFTC Division of Enforcement investigates and prosecutes alleged violations of the Commodity Exchange Act and Commission regulations. The CFTC takes enforcement actions against individuals and firms registered with the Commission, those who are engaged in commodity futures and option trading on designated domestic exchanges, and those who improperly market futures and options contracts. DateEnforcement Actions 07/19/2011 Ecoval Dairy Trade, Inc. Ordered to Pay $1,425,000 Penalty to Settle CFTC Charges of Attempted Manipulation of Non Fat Dry Milk Futures Prices Order: Ecoval Dairy Trade, Inc. 07/15/2011 CFTC Charges Jeffery A. Lowrance and His Company, First Capital Savings and Loan, with Operating a Million Dollar Foreign Currency Ponzi Scheme Complaint: Jeffery Alan Lowrance,et al. 07/13/2011 Federal Court in Illinois Orders Joseph A. Dawson to Pay $2.1 Million Penalty for Commodity Pool Fraud and Misappropriation Order: Joseph A. Dawson, et al. Order: Joseph A. Dawson, et al. Order: Joseph A. Dawson, et al. CFTC Charges Illinois Resident Joseph A. Dawson and His Company, Dawson Trading LLC, with Commodity Pool Fraud 07/13/2011 CFTC Charges Robert S. Moss of North Carolina with Commodity Pool Fraud and Misappropriation Order: Robert S. Moss 07/12/2011 CFTC Obtains Default Judgment and Permanent Injunction against Florida Resident David L. Ortiz and His Companies for Defrauding Customers in Off-Exchange Foreign Currency Scam Order: Goyep International, Inc., et al. CFTC Charges Florida Resident David L. Ortiz and his Companies, Goyep International, Inc. and Royal Returns, Inc., with Defrauding Customers in an Off-Exchange Foreign Currency Scam 07/08/2011 CFTC Charges CIS Commodities LLC and Allen N. Ward with Misappropriation of Customer Funds and also Charges CIS, Ward, Trans Global Investments, LLC and Charles Leroy Timberlake with Misrepresentation and Issuing False Statements Order: CIS Commodities LLC, et al. Complaint: CIS Commodities LLC, et al. 07/07/2011 Texas Federal Court Issues Order Freezing Assets of Mark Rice and His Houston Company, Financial Robotics Order: Financial Robotics, Inc., et al. Complaint: Financial Robotics, Inc., et al. 06/30/2011 CFTC Charges Grand Island, Nebraska Resident with Fraud and Records Violations in Connection with $4 Million Commodity Pool Complaint: Grace Elizabeth Reisinger, et al. 06/30/2011 CFTC Charges Colorado-based Flint-McClung Capital LLC and Shawon McClung with Fraud and Misappropriation in $1.9 Million Off-Exchange Foreign Currency Ponzi Scheme Complaint: Flint-McClung Capital LLC, et al. 06/30/2011 CFTC Charges Two Air Traffic Controllers and Commodity Trader Michael Gomez with Fraud and Misappropriation in $1.4 Million Dollar Off-Exchange Foreign Currency Scheme Order: Louis J. Giddens, Jr., et al. Complaint: Louis J. Giddens, Jr., et al. 06/27/2011 CFTC Orders Mark Adrian of Florida to Pay $140,000 Civil Penalty in Fraudulent Foreign Currency Scheme Order: CFTC v. Mark J. Adrain 06/24/2011 CFTC Charges Juvenal Machado and Florida-based Invers Forex, LLC with Defrauding Foreign Currency Customers of Almost $800,000 in Ponzi Scheme Complaint: CFTC v. Invers Forex, LLC, et al. 06/20/2011 CFTC Obtains Default Judgment and Permanent Injunction against ForInvest Group aka ForInvests Group LLC for Violating Multiple CFTC Registration Requirements Order: CFTC v. ForInvest Group CFTC Sues 14 Foreign Currency Firms in Nationwide Sweep 06/15/2011 Federal Court in Florida Orders Capital Blu Management, LLC, Donovan Davis Jr., Damien Bromfield, Blayne Davis and DD International Holdings, LLC to Pay More than $17 Million for Committing Fraud Order: Capital Blu Management, LLC, et al. Judgment: Capital Blu Management, LLC,e t al. CFTC Charges Two Florida Companies and Three Florida Men with Operating a Fraudulent Commodity Pool that Solicited Approximately $17 Million from about 100 Investors 06/15/2011 CFTC Charges Victor E. Cilli and his company, Progressive Investment Funds LLC, with Operating a Commodity Pool Ponzi Scheme and Misappropriating Customer Funds Complaint: Victor Eugene Cilli, et al. 06/07/2011 CFTC Revokes Registrations of Texas-based M25 Investments, Inc. and M37 Investments, LLC In the Matter of: M25 Investments, Inc. and M37 Investments, LLC CFTC Seeks to Revoke the Registrations of Texas-based M25 Investments, Inc. and M37 Investments, LLC Federal Court Orders More than $16.2 Million in Customer Restitution and Monetary Penalties against Texas Defendants Scott P. Kear, Sr., Jeffery L. Lyon and their Firms in CFTC Anti-Fraud Action 06/07/2011 CFTC Charges Neal E. Hall of North Carolina with Registration and Disclosure Violations Complaint: Neal E. Hall 06/01/2011 Federal Court Orders Moroccan Resident Richmond Hamilton, Jr., and Chicago Commodity Pool Operator Raleigh Capital Management, Inc. to Pay More than $4 Million in Restitution and a Civil Monetary Penalty for Misappropriation & False Statements to the NFA Order: Raleigh Capital Management, et al. Federal Court Freezes Assets of Moroccan Resident Richmond Hamilton, Jr., and the Chicago Commodity Pool He Manages in a $1 Million Pool Anti-Fraud Case Brought by the CFTC 05/26/2011 Federal Court in Texas Orders Richard D. Theye to Pay More than $6.2 Million for Defrauding Investors in a Multi-Million Dollar Ponzi Scheme Order: Richard D. Theye, et al. CFTC Charges Richard D. Theye and His Company, Micind Capital Management, Inc., with Fraud in Connection with a Multi-Million Dollar Ponzi Scheme 05/26/2011 CFTC Charges Nebraska Residents Jonathan W. Arrington, Michael B. Kratville and Michael J. Welke and their Companies with $4.7 Million Fraud Complaint: MJM Enterprises LLC, et al. 05/25/2011 CFTC Sanctions Cadent Financial Services LLC $125,000 for Supervision Violations Order: Cadent Financial Services LLC 05/24/2011 CFTC Charges Parnon Energy Inc., Arcadia Petroleum Ltd. and Arcadia Energy (Suisse) SA with Price Manipulation in the Crude Oil Market Complaint: Parnon Energy Inc., et al. 05/17/2011 CFTC Charges Florida Firm, American Precious Metals, LLC, and Principals, Sammy J. Goldman and Harry Robert Tanner, Jr., with Fraud Complaint: American Precious Metals, LLC, et al. 05/16/2011 CFTC Charges Puerto Rico Resident Angel F. Collazo and ACJ Capital, Inc. with Solicitation Fraud and Issuing False Statements in Off-Exchange Leveraged Foreign Currency Scheme Complaint: ACJ Capital, Inc., et al. Order: ACJ Capital, Inc., et al. 05/12/2011 CFTC Settles Charges against FX Trading, LLC for Failing to Maintain Minimum Net Capital Required for Futures Commission Merchants Order: FX Trading, LLC 05/09/2011 Federal Court Orders Russian National Marat Yunusov to Pay $500,000 Civil Monetary Penalty for Illegal Commodity Futures Trading Scheme Order: Marat Yunusov CFTC Charges Marat Yunusov with Engaging in a Series of Unlawful Commodity Futures Transactions on Globex 05/04/2011 CFTC Charges Michigan Man Jeffrey L. Groendyke with Operating a Foreign Currency Ponzi Scheme and Misappropriating Customer Funds Order: Jeffery L. Groendyke Complaint: Jeffery L. Groendyke 05/02/2011 CFTC Permanently Bars Former CME Floor Broker Thorbjorn Haveman from Trading for Misappropriation and Fictitious, Noncompetitive and Unauthorized Trading Order: Thorbjorn Haveman 05/02/2011 CFTC Sanctions New York Resident Howard Winell and His Companies, Winell Associates, Inc., and Maxie Partners GP, LLC, More than $5.2 Million for Fraud Order: Howard Winell, et al. 04/28/2011 CFTC Files Anti-Fraud Action against California Companies 20/20 Trading Company, Inc. and 20/20 Precious Metals, Inc. and their Employees, Bharat Adatia, Sharief McDowell and Todd Krejci Order: 20/20 Trading Company, Inc. et al. Complaint: 20/20 Trading Company, Inc. et al. 04/21/2011 New York Federal Court Orders Brian Kim and Liquid Capital Management, LLC, to Pay More than $12 Million in Restitution and Monetary Sanctions for Commodity Pool Fraud Order: Brian Kim et al. New York Federal Court Freezes Assets of Brian Kim and His New York Firm, Liquid Capital Management LLC 04/21/2011 Receiver Makes $792 Million Initial Distribution to Investors in New York Defendants Paul Greenwood’s and Stephen Walsh’s $1.3 Billion Investment Ponzi Scam Charged by the CFTC and SEC Order: Stephen Walsh, et al. CFTC and Defendant Paul Greenwood Agree to a Consent Order Finding that Greenwood Operated a Multi-Billion Dollar Investment Scam CFTC Charges New York Residents with Operating $1.3 Billion Investment Scam 04/18/2011 CFTC Charges Citigroup Trader Otmane El Rhazi, a Moroccan National, with Unlawful Trading and Misappropriation from a Citibank Proprietary Account Order: Otmane El Rhazi Complaint: Otmane El Rhazi 04/14/2011 CFTC Charges California Resident Lyndon Lydell Parrilla and His Company, Green Tree Capital, with Fraud in Multi-Million Dollar Forex Scheme Order: Green Tree Capital, et al. Complaint: Green Tree Capital, et al. 04/12/2011 CFTC Settles Charges against Kuen Cheol Song for Illegal, Fictitious Trading Scheme Order: Kuen Cheol Song CFTC Files Enforcement Action against Singapore National Kuen Cheol Song for Engaging in an Illegal Trading Scheme 04/06/2011 CFTC Charges Pennsylvania-based New Century Investment Management LLC and Ward Onsa of Marco Island, Florida, with Operating a Commodity Pool Ponzi Scheme Complaint: Ward Onsa, et al. 03/30/2011 CFTC Charges Florida Precious Metals Company Kastle & Hawke, Inc. and its Principals, James A. Ward and Nathaniel R. Walker, with Fraud Order: Kastle & Hawke, Inc., et al. Complaint: Kastle & Hawke, Inc., et al. 03/29/2011 U.S. District Court Orders Texas Man Willie Lee Cloud, Jr. and his Company, C & R Financial, Inc., to Pay More than $5.35 Million in Restitution and a Civil Monetary Penalty for Operating a Foreign Currency Ponzi Scheme Order: Willie Lee Cloud, Jr. CFTC Charges Texas Resident Willie L. Cloud, Jr. and His Investment Company, C & R Financial, with Operating a Foreign Currency Ponzi Scheme 03/22/2011 CFTC Sanctions Hernando Chovil of McLean, Virginia, for Fraud in Connection with Operating a Commodity Pool Order: Hernando Chovil 03/22/2011 CFTC Sanctions Bunge Global Markets, Inc. $550,000 for Entering Pre-Market Soybean Futures Orders on Globex that Caused Non-Bona Fide Prices to be Reported Order: Bunge Global Markets, Inc. 03/21/2011 CFTC Charges Florida Resident Jeremy M. Globe and his Company, GlobeFX Club, Inc., with Making False Statements to the National Futures Association Complaint: GlobeFX Club, Inc. et al. 03/21/2011 CFTC and State of California Charge The Trade Tech Institute, Inc., Technology Trading International, Inc., Robert Sorchini and Richard Carter with Fraudulently Soliciting More than 600 Managed Commodity Trading Accounts Order: The Trade Tech Institute, Inc., et al. Complaint: The Trade Tech Institute, Inc., et al. 03/17/2011 CFTC Charges Florida Couple and their Company, Queen Shoals Consultants, LLC, with Defrauding Foreign Currency Customers of More than $1.44 Million Complaint: Queen Shoals Consultants, LLC, et al. CFTC Charges Charlotte, North Carolina Couple Sidney and Charlotte Hanson and their Companies with Operating a $22.5 Million Foreign Currency Ponzi Scheme 03/16/2011 Federal Court Orders Brookshire Raw Materials Management, LLC, John M. Marshall, Stephen Z. Adams and Other Companies to Pay More than $15.8 Million for Defrauding Pool Participants and Misappropriating Millions of Dollars in a Commodity Pool Scheme Order: Brookshire Raw Materials Management, LLC Consent Order: Brookshire Raw Materials, et al. Order: Brookshire Raw Materials Group, Inc., et al. Federal Court Order Freezes Assets of Illinois Commodity Pool Operator Brookshire Raw Materials Management, LLC and its Canadian Principals Based on CFTC Charges of Misappropriating More Than $4.6 Million in a Ponzi Scheme 03/15/2011 CFTC Charges Alan James Watson, Michael S. Potts and Cash Flow Financial LLC with Defrauding Customers in $45 Million Commodity Pool Ponzi Scheme Restraining Order: Cash Flow Financial, LLC, et al. Complaint: Cash Flow Financial, LLC, et al. CFTC Charges Florida Resident Phillip Milton and Virginia Residents Gregory and William Center with Operating a $28 Million Ponzi Scheme California Court Imposes Fines and Other Sanctions Totaling More than $25 Million against Safevest LLC of Mission Viejo, California and its Owners, Jon G. Ervin and John V. Slye 03/10/2011 Federal Court in North Carolina Orders Dennis Todd Hagemann and Yellowstone Partners, Inc. to Pay More than $1.6 Million for Defrauding Investors in a Foreign Currency Ponzi Scheme Order: Yellowstone Partners, Inc., et al. CFTC Charges Raleigh, North Carolina Man and His Company, Yellowstone Partners, Inc., with Operating a Foreign Currency Ponzi Scheme 03/09/2011 CFTC Charges Jacob Juma Omukwe and his Companies with Solicitation Fraud and Misappropriation in $3 Million Foreign Currency Scheme Order: Jade Investments Group, LLC et al. Ex Parte Order: Jade Investments Group, LLC et al. Complaint: Jade Investments Group, LLC et al. 03/04/2011 Arizona Federal Court Imposes More than $1.1 Million in Restitution and Monetary Sanctions on Helmut H. Weber, Charged with Fraud and Misappropriation in Foreign Currency Scheme Order: Helmut H. Weber Order: Helmut H. Weber CFTC Charges Scottsdale, Arizona Resident Helmut H. Weber d/b/a Weber Capital Management with Solicitation Fraud and Misappropriation in Forex Scheme 03/04/2011 Tennessee Federal Court Imposes More than $49.7 Million in Monetary Sanctions on Dennis R. Bolze and His Company, Centurion Asset Management, Inc. for Fraud and Misappropriation in Commodity Pool Ponzi Scheme Default Order: Dennis R. Bolze, et al. Order: Dennis R. Bolze, et al. CFTC Charges Tennessee Resident and Las Vegas-based Firm with Fraud and Misappropriation in $20 Million Commodity Pool Ponzi Scheme 03/03/2011 California Federal Court Imposes More than $46.9 Million in Monetary Sanctions on Robert D. Bame and his Firm, Forward Investment Group, LLC, for Commodity Pool Fraud Order: Robert D. Bame, et al. Order: Robert D. Bame, et al. California Commodity Pool Operator and its Sole Manager Charged in Federal Court with Commodity Pool Fraud 03/01/2011 New York Federal Court Orders Staten Island Resident Jeffrey Shalhoub and Jeff Shalhoub Investments to Pay More than $700,000 in Connection with a Commodity Futures Ponzi Scheme Order: Jeffrey Shalhoub, et al. CFTC Files Anti-Fraud Action against Jeffrey Shalhoub and Jeff Shalhoub Investments for Operating a Futures Ponzi Scheme 02/28/2011 CFTC Charges Florida Resident David L. Ortiz and his Companies, Goyep International, Inc. and Royal Returns, Inc., with Defrauding Customers in an Off-Exchange Foreign Currency Scam Order: David L. Ortiz, et al. Complaint: David L. Ortiz, et al. 02/24/2011 CFTC Seeks to Revoke the Registrations of Texas-based M25 Investments, Inc. and M37 Investments, LLC Notice: M25 Investments, Inc. and M37 Investments, LLC Federal Court Orders More than $16.2 Million in Customer Restitution and Monetary Penalties against Texas Defendants Scott P. Kear, Sr., Jeffery L. Lyon and their Firms in CFTC Anti-Fraud Action Federal Court Freezes Assets of Texas Trading Firms M25 Investments, Inc. and M37 Investments, LLC, and Scott Kear, Sr., Jeffrey Lyon and David Seaman, Charged by the CFTC with an $8 Million Forex Fraud 02/22/2011 CFTC Charges Missouri Resident Randall L. Stuckey and His Three Business Entities with Soliciting at Least $2.8 Million from Customers in Foreign Currency (Forex) Futures Fraud Order: Randall Lynn Stuckey, et al. Complaint: Randall Lynn Stuckey, et al. 02/22/2011 CFTC Sanctions Cantor Fitzgerald & Co. $100,000 for Wash Sales and Causing Noncompetitive Trading in the Reformulated Gasoline Futures Contract Traded on the New York Mercantile Exchange Order: Cantor Fitzgerald & Co. 02/17/2011 Federal Court Freezes Assets of Texas Man Larry Benny Groover, Charged by the CFTC with Operating a Foreign Currency Ponzi Scheme and Misappropriating Customer Funds Order: CFTC v. Larry Benny Groover, et al. Complaint: CFTC v. Larry Benny Groover, et al. 02/16/2011 CFTC Obtains Asset Freeze against Keith Simmons, Deanna Salazar, Bryan Coats, Jonathan Davey and Their Companies, Charged in $35 Million Foreign Currency Ponzi Scheme Complaint: CFTC v. Keith Simmons, et al. Consent Order: Deanna Salazar, Life plus Group, LLC and Lawrence Salazar Order: Keith F. Simmons, Bryan Coats and Jonathan Davey 02/15/2011 New York Federal Court Freezes Assets of Brian Kim and His New York Firm, Liquid Capital Management LLC Order: CFTC v. Brian Kim, et al. Complaint: CFTC v. Brian Kim, et al. 02/14/2011 CFTC Charges Two North Carolina Residents and their Company, PMC Strategy, LLC, with Fraudulently Soliciting at least $669,000 in Foreign Currency Ponzi Scheme Order: CFTC v. PMC Strategy, LLC, et al. Complaint: CFTC v. PMC Strategy, LLC, et al. 02/09/2011 CFTC Charges New York Resident Hasaan R. Steel with Commodity Pool Fraud Order: CFTC v. Hasaan R. Steel Complaint: CFTC v. Hasaan R. Steel 02/07/2011 CFTC Orders Chicago-Based Futures Commission Merchant Newedge USA, LLC to Pay More than $220,000 for Violating Speculative Position Limits in Live Cattle Futures Trading Order: Newedge USA, LLC 02/04/2011 CFTC Wins Commodity Fraud Trial 02/03/2011 CFTC Sanctions New York Resident James M. Peister and His Company, Northstar International Group, Inc., More than $11 Million to Settle CFTC Anti-Fraud Action Order: Northstar International Group, Inc., et al. 02/02/2011 Minnesota Federal Court Orders Minnesota Man Charles E. Hays and His Company, Crossfire Trading, LLC, to Pay More than $84 Million in Disgorgement and Civil Monetary Penalties in Connection with Multi-Million Dollar Commodity Pool Ponzi Scheme Order: CFTC v. Crossfire Trading LLC, et al. CFTC Charges Minnesota Resident Charles “Chuck” E. Hays and His Company, Crossfire Trading, LLC, with Running a $5.5 Million Ponzi Scheme 01/31/2011 Utah Federal Court Freezes Assets of Robert Andres and His Houston Firm, Winsome Investment Trust, and Robert Holloway and His Salt Lake City Company, US Ventures LC Order: CFTC v. Winsome Investment Trust, et al. Complaint: CFTC v. Winsome Investment Trust, et al. 01/26/2011 CFTC Orders Illinois Traders Andrew Daniels, Ed Taylor and Daniels Trading Group LLC to Pay $2 Million and Imposes Trading Prohibition for Violating Rough Rice Speculative Position Limits and Concealing Material Facts from the CME Group Order: Andrew W. Daniels, et al. 01/26/2011 CFTC Sues 14 Foreign Currency Firms in Nationwide Sweep Complaint: CFTC v. InovaTrade, Inc. Complaint: CFTC v. J&K Futures, Inc. Complaint: CFTC v. GIGFX, L.L.C. Complaint: CFTC v. Instatrade Corporation, et al. Complaint: CFTC v. FIG Solutions Limited, Inc. Complaint: CFTC v. Kingdom Forex Trading Complaint: CFTC v. Prime Forex, LLC Complaint: CFTC v. Wall Street Brokers, LLC Complaint: CFTC v. InvesttechFX Technologies Complaint: CFTC v. FXOpen Investments Complaint: CFTC v. FXPRICE, LLC Complaint: CFTC v. ForInvest Group Complaint: CFTC v. EuroForex Development LLC 01/25/2011 Florida Federal Court Orders Sarasota Resident Beau Diamond and his Company, Diamond Ventures LLC, to Pay More than $4 Million in Restitution and Civil Monetary Penalties in Connection with Multi-Million Dollar Forex Fraud Order: CFTC v. Beau Diamond, et al. Federal Court Freezes the Assets of Florida Resident Beau Diamond and Diamond Ventures LLC, Charged by the CFTC with Operating a $37 Million Dollar Forex Fraud 01/24/2011 CFTC Charges Arizona Resident Anthony Eugene Linton with Operating a Foreign Currency Ponzi Scheme Order: CFTC v. Anthony Eugene Linton Complaint: Anthony Eugene Linton d/b/a The Private Trading Pool 01/13/2011 CFTC Sanctions Commodity Trading Advisor Alan F. Dasher Order: Alan F. Dasher 01/11/2011 CFTC Charges California Resident Scott Bottolfson with Operating a $14 Million Commodity Pool Ponzi Scheme Complaint: Increase Investments, Inc., Spirit Investments, Inc., and Scott Bottolfson 01/07/2011 Utah Resident Darren L. Shanks and His Firm, Forex Auto Profits, LLC, Ordered to Pay More than $2.9 Million in Fines and Restitution for Fraud and Misappropriation in Foreign Currency Scheme.