Page 300 - 《期货和衍生品行业监管动态》（2022年合集）

期货和衍生品行业监管动态

在另一项诉讼中，美国德克萨斯州西区检察官办公室于 2021 年 6 月 3 日对

Seibert 提起刑事诉讼，指控其涉嫌两项电信欺诈和利用非法活动所得财产从事货

币交易。Seibert 承认其罪行，并于 2021 年 12 月 7 日被判处 70 个月的监禁，刑

满释放后外加 3 年监督释放。Seibert 还被判令支付 10,794,508 美元的赔偿金，

并没收违法所得。

Federal Court Orders Texas Unregistered Commodity Pool Operator to Pay

More Than $13 Million for Commodity Fraud (2022/7/7)

The Commodity Futures Trading Commission today announced the U.S. District

Court for the Western District of Texas entered a consent order on July 6, imposing

monetary sanctions against David Seibert, most recently of Lakeway, Texas.

The order resolves a CFTC action filed on September 10, 2020, and follows a

September 15, 2020 order in which the court found Seibert liable for solicitation fraud
and the misappropriation of client funds. The court also permanently prohibited him

from further violations of the Commodity Exchange Act, as charged, and imposed

permanent registration and trading bans. Today’s order requires Seibert to pay

$10,794,508 in restitution to victims of his scheme and to pay a $2,278,853 civil

monetary penalty.

Case Background

As the court previously found, from March 2016 through April 2019, Seibert

fraudulently solicited and accepted more than $10 million from 11 participants. At the

time, Seibert claimed that he would use participant funds for short-term, high-interest,

secured “bridge loans” made to third-party borrowers who purportedly would use the

loaned funds to make property repairs as they sought permanent financing. Seibert
told participants that he would find the lending opportunities, complete the due

diligence to confirm that the borrower was qualified, and handle the closing and
servicing of the loan. However, Seibert did not originate any loans. Seibert instead

254
回 到 首 页 回 到 目 录