Page 33 - 期货和衍生品行业监管动态（2022年8月）
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期货和衍生品行业监管动态
numerous materially false and misleading statements and omissions in order to,
among other things, lure new fund participants and convince existing fund
participants to maintain or increase their contributions to the fund. As alleged, these
misrepresentations and omissions included claims the fund was extraordinarily
profitable when in fact it suffered catastrophic trading losses; claims grossly
exaggerating the amount of assets under management in the fund; claims the fund’s
financial statements were audited by an outside auditing firm when in fact they were
not; and false claims the fund had a five- or six-member advisory board comprised of
individuals with significant experience in the financial and investment industries. The
defendants made these false claims, in part, by issuing false reports to existing and
prospective fund participants in the form of falsified monthly account statements and
fabricated financial statements, among other things.
Parallel Civil Action
On May 18, 2022, the Securities and Exchange Commission filed a civil
injunctive action against Middlebrooks and his company in the same court alleging
conduct similar to that alleged in the CFTC’s complaint.
https://www.cftc.gov/PressRoom/PressReleases/8576-22
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