Once upon a time they tried doggy staff in USA
14. On October 18, 2010, the Commission adopted new regulations implementing
certain provisions of the Dodd-Frank Act and the CRA. For the purposes of retail forex
transactions, the new regulations, among other things, require RFEDs to register with the CFTC.
15. On information and belief, Enfinium, through Vantage, solicits or accepts orders
from United States customers who are not ECPs to open leveraged forex trading accounts
through Vantage’s website, http://www.vantagefx.com. Vantage’s website is hosted by a
webhost located in San Antonio, Texas.
An order of permanent injunction prohibiting Enfinium and any successor thereof,
from, directly or indirectly:
1) Trading on or subject to the rules of any registered entity (as that term is
defined in Section 1a of the Act, as amended, to be codified at 7 U.S.C. § 1a);
2) Entering into any transactions involving commodity futures, options on
commodity futures, commodity options (as that term is defined in
Regulation 32.1(b)(1)), 17 C.F.R. § 32.1(b)(1) (2011)) (“commodity options”),
swaps, and/or foreign currency (as described in Sections 2(c)(2)(B) and
2(c)(2)(C)(i) of the Act, as amended, to be codified at 7 U.S.C. §§ 2(c)(2)(B) and
2(c)(2)(C)(i)) (“forex contracts”) for its own personal account or for any account
in which it has a direct or indirect interest;
3) Having any commodity futures, options on commodity futures,
commodity options, swaps, and/or forex contracts traded on its behalf;
4) Controlling or directing the trading for or on behalf of any other person or
entity, whether by power of attorney or otherwise, in any account involving
commodity futures, options, commodity options, swaps, and/or forex contracts;
5) Soliciting, receiving or accepting any funds from any person for the
purpose of purchasing or selling any commodity futures, options on commodity
futures, commodity options, swaps, and/or forex contracts;
6) Applying for registration or claiming exemption from registration with the
CFTC in any capacity, and engaging in any activity requiring such registration or
exemption from registration with the CFTC except as provided for in
Regulation 4.14(a)(9), 17 C.F.R. § 4.14(a)(9) (2011); and
7) Acting as a principal (as that term is defined in Regulation 3.1(a),
17 C.F.R. § 3.1(a) (2011)), agent, or any other officer or employee of any person
registered, exempted from registration or required to be registered with the CFTC
except as provided for in Regulation 4.14(a)(9), 17 C.F.R. § 4.14(a)(9) (2011).
Case: 1:11-cv-06206 Document #: 1 Filed: 09/07/11 Page 8 of 10 PageID #:8
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G. Enter an order requiring that Enfinium, as well as any of its successors, disgorge
to any officer appointed or directed by the Court all benefits received including, but not
limited to, salaries, commissions, loans, fees, revenues and trading profits derived,
directly or indirectly, from acts or practices that constitute violations of the Act, as
amended, and the Regulations, including pre and post-judgment interest;
H. Enter an order directing Enfinium and any successors thereof, to rescind, pursuant
to such procedures as the Court may order, all contracts and agreements, whether implied
or express, entered into between it and any of the customers whose funds were received
by them as a result of the acts and practices, which constituted violations of the Act, as
amended, and the Regulations as described herein;
I. Enter an order requiring Enfinium to pay civil monetary penalties under the Act,
to be assessed by the Court, in amounts of not more than the greater of: (1) triple its
monetary gain for each violation of the Act, as amended, and the Regulations or (2)
$140,000 for each violation committed on or after October 23, 2008;
J. Enter an order requiring Enfinium to pay costs and fees as permitted by
28 U.S.C. §§ 1920 and 2412(a)(2) (2006); and
K. Enter an order providing such other and further relief as this Court may deem
necessary and appropriate under the circumstances.
......
Respectfully submitted,
COMMODITY FUTURES TRADING COMMISSION
/s/ David A. Terrell
David A. Terrell
Senior Trial Attorney
Case: 1:11-cv-06206 Document #: 1 Filed: 09/07/11 Page 9 of 10 PageID #:9
14. On October 18, 2010, the Commission adopted new regulations implementing
certain provisions of the Dodd-Frank Act and the CRA. For the purposes of retail forex
transactions, the new regulations, among other things, require RFEDs to register with the CFTC.
15. On information and belief, Enfinium, through Vantage, solicits or accepts orders
from United States customers who are not ECPs to open leveraged forex trading accounts
through Vantage’s website, http://www.vantagefx.com. Vantage’s website is hosted by a
webhost located in San Antonio, Texas.
An order of permanent injunction prohibiting Enfinium and any successor thereof,
from, directly or indirectly:
1) Trading on or subject to the rules of any registered entity (as that term is
defined in Section 1a of the Act, as amended, to be codified at 7 U.S.C. § 1a);
2) Entering into any transactions involving commodity futures, options on
commodity futures, commodity options (as that term is defined in
Regulation 32.1(b)(1)), 17 C.F.R. § 32.1(b)(1) (2011)) (“commodity options”),
swaps, and/or foreign currency (as described in Sections 2(c)(2)(B) and
2(c)(2)(C)(i) of the Act, as amended, to be codified at 7 U.S.C. §§ 2(c)(2)(B) and
2(c)(2)(C)(i)) (“forex contracts”) for its own personal account or for any account
in which it has a direct or indirect interest;
3) Having any commodity futures, options on commodity futures,
commodity options, swaps, and/or forex contracts traded on its behalf;
4) Controlling or directing the trading for or on behalf of any other person or
entity, whether by power of attorney or otherwise, in any account involving
commodity futures, options, commodity options, swaps, and/or forex contracts;
5) Soliciting, receiving or accepting any funds from any person for the
purpose of purchasing or selling any commodity futures, options on commodity
futures, commodity options, swaps, and/or forex contracts;
6) Applying for registration or claiming exemption from registration with the
CFTC in any capacity, and engaging in any activity requiring such registration or
exemption from registration with the CFTC except as provided for in
Regulation 4.14(a)(9), 17 C.F.R. § 4.14(a)(9) (2011); and
7) Acting as a principal (as that term is defined in Regulation 3.1(a),
17 C.F.R. § 3.1(a) (2011)), agent, or any other officer or employee of any person
registered, exempted from registration or required to be registered with the CFTC
except as provided for in Regulation 4.14(a)(9), 17 C.F.R. § 4.14(a)(9) (2011).
Case: 1:11-cv-06206 Document #: 1 Filed: 09/07/11 Page 8 of 10 PageID #:8
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G. Enter an order requiring that Enfinium, as well as any of its successors, disgorge
to any officer appointed or directed by the Court all benefits received including, but not
limited to, salaries, commissions, loans, fees, revenues and trading profits derived,
directly or indirectly, from acts or practices that constitute violations of the Act, as
amended, and the Regulations, including pre and post-judgment interest;
H. Enter an order directing Enfinium and any successors thereof, to rescind, pursuant
to such procedures as the Court may order, all contracts and agreements, whether implied
or express, entered into between it and any of the customers whose funds were received
by them as a result of the acts and practices, which constituted violations of the Act, as
amended, and the Regulations as described herein;
I. Enter an order requiring Enfinium to pay civil monetary penalties under the Act,
to be assessed by the Court, in amounts of not more than the greater of: (1) triple its
monetary gain for each violation of the Act, as amended, and the Regulations or (2)
$140,000 for each violation committed on or after October 23, 2008;
J. Enter an order requiring Enfinium to pay costs and fees as permitted by
28 U.S.C. §§ 1920 and 2412(a)(2) (2006); and
K. Enter an order providing such other and further relief as this Court may deem
necessary and appropriate under the circumstances.
......
Respectfully submitted,
COMMODITY FUTURES TRADING COMMISSION
/s/ David A. Terrell
David A. Terrell
Senior Trial Attorney
Case: 1:11-cv-06206 Document #: 1 Filed: 09/07/11 Page 9 of 10 PageID #:9