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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
COMMISSION TRADE TRADING PROGRAM COMPLAINT FEDERAL TRADE COMMISSION GRANITE INVESTMENTS DISCLOSURE BUSINESS ADVERTISEMENT REPRESENTATION ELLERY COLEMAN SALE CONSUMER REASON DIRECTS FUTURES ACT VIOLATION PROMOTION AFFECTING COMMERCE JURISDICTION MATTER ORDINARY CONSUMER SUCCESSORS EMPLOYMENT MANNER PROFITS ENDORSEMENT TERMINATE |
0023053
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS:
Robert Pitofsky, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
Thomas B. Leary
In the Matter of
ELLERY COLEMAN, individually and doing business as
GRANITE INVESTMENTS.
DOCKET NO. C-3948
DECISION AND ORDER
The Federal Trade Commission ("Commission"), having initiated an
investigation of certain acts and practices of the respondent named in
the caption hereof, and the respondent having been furnished
thereafter with a copy of a draft of complaint which the Bureau of
Consumer Protection proposed to present to the Commission for its
consideration and which, if issued by the Commission, would charge
respondent with violation of the Federal Trade Commission Act; and
Respondent, his attorney, and counsel for the Commission having
thereafter executed an agreement containing a consent order, an
admission by respondent of all the jurisdictional facts set forth in
the aforesaid draft of complaint, a statement that the signing of said
agreement is for settlement purposes only and does not constitute an
admission by respondent that the law has been violated as alleged in
such complaint, or that the facts as alleged in such complaint, other
than jurisdictional facts, are true and waivers and other provisions
as required by the Commission's Rules; and
The Commission having thereafter considered the matter and having
determined that it had reason to believe that respondent has violated
the said Act, and that complaint should issue stating its charges in
that respect, and having thereupon accepted the executed consent
agreement and placed such agreement on the public record for a period
of thirty (30) days, now in further conformity with the procedure
prescribed in § 2.34 of its Rules, the Commission hereby issues its
complaint, makes the following jurisdictional findings and enters the
following order:
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2
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CONSENT ORDER
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EXTRACTED KEY WORDS
COMPLAINT COMMISSION PROPOSED RESPONDENT FEDERAL TRADE COMMISSION AGREEMENT REPRESENTATION DRAFT COMPLAINT PURSUANT ACCEPTANCE SUCCESSORS CONSUMER ENERJET CORPORATION CONSENT ORDER FACTS VIOLATION ENERGY TERMINATE COVERED PRODUCT APPEALING CONSUMER PROTECTION RULING UNITED STATES ACTS PRACTICES COUNSEL OFFICERS LAW PROCEEDING NOTIFY |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
ENERJET CORPORATION, a corporation.
FILE NO. 992-3192
AGREEMENT CONTAINING CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain
acts and practices of Enerjet Corporation ("proposed respondent").
Proposed respondent, having been represented by counsel, is willing to
enter into an agreement containing a consent order resolving the
allegations contained in the attached draft complaint. Therefore,
IT IS HEREBY AGREED by and between Enerjet Corporation, by its duly
authorized officers, and counsel for the Federal Trade Commission
that:
1. Proposed respondent is a New York corporation with its
principal office or place of business at 45 Drexel Drive, Bay
Shore, New York 11706.
2. Proposed respondent admits all the jurisdictional facts set
forth in the draft complaint.
3. Proposed respondent waives:
a. Any further procedural steps;
b. The requirement that the Commission's decision contain
a statement of findings of fact and conclusions of law;
and
c. All rights to seek judicial review or otherwise to
challenge or contest the validity of the order entered
pursuant to this agreement.
4. This agreement shall not become part of the public record of
the proceeding unless and until it is accepted by the
Commission. If this agreement is accepted by the Commission,
it, together with the draft complaint, will be placed on the
public record for a period of thirty (30) days and information
about it publicly released. The Commission thereafter may
either withdraw its acceptance of this agreement and so notify
proposed respondent, in which event it will take such action as
it may consider appropriate, or issue and serve its complaint
(in such form as the circumstances may require) and decision in
disposition of the proceeding.
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3
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COMPLAINT
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EXTRACTED KEY WORDS
TRADE TRADING PROGRAMS FUTURES TRADING RESPONDENT PROFITS REPRESENTATIONS ADVERTISEMENTS RPM SAVVY FEDERAL TRADE COMMISSION ACTS CONTRACT EXHIBIT REASON PARAGRAPH PRACTICES DAYTRADES METHODOLOGY CONSISTENT MONEY ACCOUNT ELLERY COLEMAN BUSINESS GRANITE INVESTMENTS ALLEGES COMPLAINT SELL BASIS REPRESENTATIONS SET |
0023053
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
In the Matter of
ELLERY COLEMAN, individually and doing business as
GRANITE INVESTMENTS.
DOCKET NO. C-3948
COMPLAINT
The Federal Trade Commission, having reason to believe that Ellery
Coleman ("respondent"), individually and doing business as Granite
Investments, has violated the provisions of the Federal Trade
Commission Act, and it appearing to the Commission that this
proceeding is in the public interest, alleges:
1. Respondent Ellery Coleman is the sole proprietor of Granite
Investments, a Georgia company with its principal office or place of
business at 133 Bunkers Trail, Warner Robins, GA 31088. Individually
or in concert with others, he formulates, directs, or controls the
policies, acts, or practices of the company, including the acts or
practices alleged in this complaint.
2. Respondent has advertised, offered for sale, sold, and distributed
S&P futures trading computer programs and training to the public.
Respondent advises his clients to buy and sell specific S&P futures
contracts on a daily basis. Respondent sells "RPM" or "Reliable
Pattern Match," "S&P Savvy," and "Choice Daytrades" computer programs.
Respondent sells his programs and training through his Internet
Website, www.choicedaytrades.com.
3. The acts and practices of respondent alleged in this complaint have
been in or affecting commerce, as "commerce" is defined in Section 4
of the Federal Trade Commission Act.
4. Respondent has disseminated or has caused to be disseminated
Internet advertisements for his S&P futures computer trading programs
and training, including but not necessarily limited to the attached
Exhibits A through G. These advertisements contain the following
statements:
A.
"Highly effective daytrading based on a very powerful methodology
which has worked for decades . . . Daytrading systems that
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4
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ANALYSIS
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EXTRACTED KEY WORDS
RESPONDENT PROPOSED ORDER FUTURES TRADING TRADE PROFITS ADVERTISEMENTS SUBSTANTIAL PROFITS COMMISSION BASIS REPRESENTATION RISK CONSENT ORDER AGREEMENT INVESTMENTS TESTIMONIALS DISCLOSE FINANCIAL BENEFIT COMPLAINT ALLEGES MISREPRESENTING PERSONNEL ENDORSEMENT NOTIFY GRANITE INVESTMENTS PUBLIC RECORD FUTURES CONTRACTS EARNINGS CONSISTENT BASIS ORDINARY EXPERIENCE MEMBERS |
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Analysis of Proposed Consent Order to Aid Public Comment
_________________________________________________________________
The Federal Trade Commission has accepted, subject to final approval,
an agreement containing a consent order from Ellery Coleman,
individually and doing business as Granite Investments ("respondent").
The proposed consent order has been placed on the public record for
thirty (30) days for receipt of comments by interested persons.
Comments received during this period will become part of the public
record. After thirty (30) days, the Commission will again review the
agreement and the comments received, and will decide whether it should
withdraw from the agreement or make final the agreement's proposed
order.
Respondent sells and distributes various computer software programs
and training for buying and selling S&P futures contracts on a daily
basis. Respondent advertises on his Internet Web site,
www.choicedaytrades.com. This matter concerns allegedly deceptive
representations of the earnings and profit potential, as well as the
extent of risk involved in using respondent's trading methods.
The Commission's proposed complaint alleges that respondent made
unsubstantiated claims that users of his S&P futures trading programs
can reasonably expect to achieve substantial profits on a consistent
basis (e.g., $25,000 per futures contract); that specific trades or
investments enumerated in respondent's advertisements were actually
made and resulted in the substantial profits stated in the
advertisements; and that testimonials appearing in the advertisements
for respondent's S&P futures trading programs reflect the typical or
ordinary experience of members of the public who use the programs.
In addition, the complaint alleges that respondent misrepresented that
users of his S&P futures trading programs can reasonably expect to
trade profitably with little financial risk; that testimonials
appearing in the advertisements for his S&P futures trading programs
reflect the actual experiences of consumers who have used the
programs; that he personally uses his S&P futures trading programs to
trade profitably on his own behalf; and that the trades recommended by
his S&P futures trading programs, as enumerated in the advertisements,
were actually made in many cases.
The proposed consent order contains provisions designed to prevent
respondent from engaging in similar acts and practices in the future.
Part I of the proposed order requires respondent to have a reasonable
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