Page 29 - 期货和衍生品行业监管动态（2022年9月）

期货和衍生品行业监管动态

行政令进一步查明，在提供非法交易时，Goldline 参与了销售欺诈行为。

Goldline 虚报了当客户选择将其贵金属售回给 Goldline 时为保证客户保本所愿意

提高出价的比例。随后，Goldline 谎称，自己非第三方贵金属零售交易商将回购
客户先前从 Goldline 处购买的金属。这一虚假陈述与 Goldline 在招揽材料和客户

账户协议中告知客户的内容相矛盾。Goldline 的管理层明知这些对客户的虚假陈

述，但并未予以纠正。

A-Mark 作为 Goldline 的负责人，应对 Goldline 的违规行为承担责任。

9. CFTC Orders Two California Precious Metals Companies to Pay Over $1

Million for Fraud, Illegal Offering of Retail Commodity Transactions, and

Registration Violations (2022/9/22)

The Commodity Futures Trading Commission today issued an order filing and
simultaneously settling charges against Goldline, Inc. (Goldline) and A-Mark

Precious Metals, Inc. (A-Mark), both California companies, for fraud in connection
with off-exchange retail commodity transactions; failing to register as a Futures

Commission Merchant (FCM); and engaging in illegal off-exchange retail commodity

transactions. The order requires Goldline and A-Mark to disgorge $627,801.78; pay,

jointly and severally, a $450,000 civil monetary penalty; and to cease and desist from

further violations of the Commodity Exchange Act (CEA) and CFTC regulations, as

charged.

Case Background

The order finds that from approximately April 2018 to approximately June 2021,

Goldline solicited and accepted customers ’ orders for leveraged, margined, or

financed precious metals transactions. Retail customers entered into these transactions,

although they were not conducted on a designated contract market or derivatives
transaction execution facility.

The order further finds that in offering the illegal transactions, Goldline engaged

in sales solicitation fraud. Goldline misrepresented the percentage by which its bid

price (i.e., the amount at which Goldline would purchase metals from its customers)

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