Page 44 - 期货和衍生品行业监管动态（2022年12月）

期货和衍生品行业监管动态

The Commodity Futures Trading Commission today announced the U.S. District
Court for the Central District of California entered a consent order for permanent

injunction, monetary sanctions, and equitable relief against Monex Deposit Company,

Monex Credit Company, Newport Services Corporation, and their owners Louis

Carabini and Michael Carabini.

The order requires the defendants to pay $33 million in restitution to customers,

and a $5 million civil monetary penalty. The order further bars the defendants from

trading futures or options on a regulated market, unless such trading is for the purpose

of hedging. It also bans the defendants from registering in any capacity with the

CFTC for 10 years, and permanently enjoins them from engaging in off-exchange

leveraged retail commodity transactions or fraud.

“This settlement resolves a long-standing and significant precious metals case
that CFTC Enforcement staff fiercely and successfully litigated at the district court

level, up to the court of appeals, and back to the district court,” said Acting Director

of Enforcement Gretchen Lowe.

“First, the CFTC won a judgment against the defendants for illegally offering

leveraged retail commodity transactions and established important law on the

meaning of ‘actual delivery’ of commodities under the CEA. This settlement resolved

the remaining charges of fraudulent solicitation that lured unsuspecting customers into

the highly risky leveraged trades, and obtained significant restitution for the victims

of the unlawful conduct,” Lowe continued. “The CFTC will take any action necessary

to prevent and terminate such illegal transactions and return funds to the defrauded

customers. I thank the team for their tenacious commitment to this case and ultimate

success.”

General Counsel Rob Schwartz said, “This is an historic case for the agency with
implications far beyond metals trading. Not only did staff put a stop to a large-scale

fraud and shut down an illegal, unregistered trading platform, but in the process

developed important caselaw on the subject of actual delivery of any commodity, and

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