Pharaoh
Brigadier General
- Messages
- 20,308
On top of it,, acccording to the same legal counsel at the CFTC, if Nial had been trading a live account for 3 months at the time he created this video, he actually is not allowed to use any simulated/demo account for his education. Furthermoore, he cannot use this CFTC disclamer because 1) it is not applicable and 2) after 3 months of live trading you cannot use any demo/simulated trade examples,only live examples.
I think you need to get clarification on this from your contact along with a link to where this rule is.
From what you say, if I start an educational service, show a few examples out of my live account for 3 months, you're telling me that your interpretation of the conversation you had is that it would be illegal for me to then show any example from a demo account. In the incredibly unlikely event that such a rule exists, I'd be very happy to present that case before a jury.
How does that jibe with this? From http://www.cftc.gov/ucm/groups/public/@lrlettergeneral/documents/letter/01-60.pdf :
Under Rule 4.41(b), presentation by a CTA of the performance of a simulated or hypothetical commodity interest account must prominently display the prescribed cautionary statement of either Rule 4.41(b)(1)(i) or Rule4.41(b)(1)(ii).
Thus, ANYTHING on demo MUST be accompanied by the disclaimer. I haven't found anything in writing on the CFTC website saying that an excessively cautious person or company can't make the disclaimer a default if some results are live and some are mixed.
The phone number you gave is the main office of the CFTC. It's a big organization. There's bound to be more than one Christopher. See if you can get an email address for him. See if you can get him to give you exact links that show a rule as you've claimed and post them here. If there is a link to a rule, post it so we can all see it.
If you can show this rule clearly laid out in writing, then you've got all you need to file a complaint against Nial with the CFTC. If you can't, then I'll consider this to be a wild claim based on a misinterpretation of the facts.