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Fines, Sanctions, Charges by SEC, CFTC

February 7, 2011
  1. CFTC Wins Commodity Fraud Trial.
  2. SEC: Broker, Advisory Firms Simply Trade Between Client Accounts - All Day Long.
    1.  CFTC Wins Commodity Fraud Trial.   The CFTC won a federal jury verdict  against 2 Florida residents, who defrauded investors in their commodity pool.  They stole investor funds and lied to investors by issuing false account statements representing that customers were making money when, in fact, they were losing money.  The CFTC had alleged that, in 2007 and 2008, the defendants solicited $17 million from over 100 customers for their commodity pool.  Defendants misappropriated millions for their personal use, such as purchasing and using a private aircraft and luxury automobiles.  The final judgment - amounts of disgorgement, restitution, civil penalties and pre-judgment interest - will next be determined.  [CFTC PR 5980-11, 2/4]

    2. SEC: Broker, Advisory Firms Simply Trade Between Client Accounts - All Day Long.   For 3 years, an individual (Warren Nadel) and his B/D and IA firms (B/D 'Warren D. Nadel & Co.';  IA 'Registered Investment Advisers') allegedly raised tens of millions of dollars for a purported investment program that fraudulently generated over $8 million in commissions and fees, from 2007 through 2009.  Instead of executing open-market transactions on the clients’ behalf, as promised, most trades were simply conducted between or among advisory client accounts at inflated prices that Nadel set.  Case is scheduled for litigation.  [SEC Litigation Rel. 21812, 1/13]