Page 40 - 期货和衍生品行业监管动态（2023年10月刊）

期货和衍生品行业监管动态

a commodity pool operator (CPO) and associated persons (AP) of a CPO, and failure

to register as a CPO and as APs of a CPO.

The complaint alleges the defendants made false and misleading statements

regarding their investment track record and the safety of investing in the TTT pool to

participants and potential participants. After losing over $3 million by trading retail

forex on a leveraged basis, the defendants falsely assured pool participants they could

recoup the losses using artificial intelligence-based (AI) trading algorithms.

In the complaint, the CFTC seeks a civil monetary penalty, full restitution to

defrauded pool participants, disgorgement of ill-gotten gains, permanent registration

and trading bans, and a permanent injunction against future violations of the

Commodity Exchange Act (CEA) and CFTC regulations as charged.

“As alleged, the defendants made false and misleading statements and promises

about the safety and profitability of becoming a pool participant in the TTT commodity
pool,” said Director of Enforcement Ian McGinley. “As a result of entrusting their

money to TTT in light of these false promises, pool participants lost millions of dollars.

Today’s filing once again demonstrates how the CFTC will hold fraudsters in our

markets accountable for their wrongdoing, whether utilizing traditional technical

trading techniques or emerging technologies, such as artificial intelligence or machine

learning.”

Case Background

The complaint alleges that from approximately January 2020 to the present,

Carrion and Rodriguez solicited people who were not eligible contract participants to

participate in a commodity pool operated by TTT that would trade retail forex on

margin. Pool participants’ investments were structured as loans in which participants

were promised they would receive annual interest of 18% to 24%, paid monthly, for a

period of one year, and their principal investments would be returned at maturity.

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