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Summit Trading & Capital Charged in Fraudulent Commodity Scheme

December 2, 2011
The CFTC has charged Brant L. Rushton, Melissa C. Rushton and their Illinois company, Summit Trading & Capital LLC with misappropriation and issuing galse statements in a fraudulent commodity scheme.  The CFTC’s complaint alleges that from August 2005 to the present, the defendants solicited at least $854,000 from members of the public in connection with three purported commodity pools to be managed under Summit’s name. In soliciting investors, defendants allegedly misrepresented both orally and through written prospectuses the profitability of their trading program and issued false account statements and false IRS Form 1099s to investors to perpetuate the fraud. Defendants also mishandled and misappropriated the majority of the investors’ funds.  It obtained an emergency court order on November 29, 2011, freezing assets held by defendants and their  company.  The court’s order also prohibits the destruction of books and records and grants the CFTC immediate access to such documents. The Rushtons, both formerly of Champaign, Ill., currently reside in Bend, Ore. In its continuing litigation, the CFTC seeks a return of ill-gotten gains, restitution to defrauded investors, civil monetary penalties, trading and registration bans, and permanent injunctions against further violations of the federal commodities laws. [CFTC]