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IN RE ENERJET CORP Click to find out why . . .



Keywords & Phrases
CaseNo: IREC89447, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, UniqueCaseRef: LCD>IREC89447, State: NY New York, Respondent, Trade, Commission, Trading Programs, Complaint, Federal Trade Commission, Trading, Profits, Futures Trading, Representation, Granite Investments, Advertisements, Agreement, Trading Program, Reason, Ellery Coleman, Consumer, Proposed Respondent, Proposed Order, Disclosure, Advertisement, Acts, Basis, Violation, Successors, Representations, Consent Order, Terminate, Rpm, Savvy, Practices, Contract, Exhibit, Sale, Draft Complaint, Endorsement, Substantial Profits, Paragraph, Pursuant , ContentID: 120247756

Case Documents
1   DECISION & ORDER
[ see first page and extracted highlights below  ] ItemID: 118659
7 pages
HTML
2   CONSENT ORDER
[ see first page and extracted highlights below  ] ItemID: 118658
5 pages
HTML
3   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 118657
7 pages
HTML
4   ANALYSIS
[ see first page and extracted highlights below  ] ItemID: 118656
3 pages
HTML
Total Documents: 4 documents , 22 pages
Price: $ 34.95


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1 . DECISION & ORDER

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:

SNIPPETS:
  • BEFORE FEDERAL TRADE COMMISSION
  • The Federal Trade Commission, having initiated an investigation of certain acts and practices
  • The Commission having thereafter considered the matter and having determined that it had lowing jurisdictional findings and enters the following order:
  • Respondent Ellery Coleman is the sole proprietor of Granite Investments, a Georgia company
  • Individually or in concert with others, he formulates, directs, or controls the policies,
  • The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of
  • In an advertisement communicated through an electronic medium, the disclosure shall be
  • Provided, however, that in any advertisement presented solely through visual or audio means,
  • The audio disclosure shall be delivered in a volume and cadence sufficient for an ordinary
  • The visual disclosure shall be of a size and shade, and shall appear on the screen for a
  • In the case of advertisements disseminated by means of an interactive electronic medium such
  • "Trading program" shall mean any program, service, course, instruction, system, training,
  • IT IS ORDERED that respondent, directly or through any corporation, subsidiary, division,
  • That users of respondent's S&P futures trading programs can reasonably expect to achieve
  • That any testimonial or endorsement of respondent's trading programs or training reflects the
  • IT IS FURTHER ORDERED that respondent Ellery Coleman, individually and doing business as
  • IT IS FURTHER ORDERED that respondent Ellery Coleman, for a period of ten years after the
  • This order will terminate on June 5, 2020, or twenty years from the most recent date that the
  • Provided further, that if such complaint is dismissed or a federal court rules that the or ruling is upheld on appeal.

  • 2 . CONSENT ORDER

    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.
    
    SNIPPETS:
  • The Federal Trade Commission has conducted an investigation of certain acts and practices of
  • Proposed respondent, having been represented by counsel, is willing to enter into an
  • IT IS HEREBY AGREED by and between Enerjet Corporation, by its duly authorized officers, and
  • The Commission thereafter may either withdraw its acceptance of this agreement and so notify
  • This agreement is for settlement purposes only and does not constitute an admission by
  • This agreement contemplates that, if it is accepted by the Commission, and if such acceptance
  • No agreement, understanding, representation, or interpretation not contained in the order or
  • It understands that it may be liable for civil penalties in the amount provided by law and
  • IT IS ORDERED that respondent, and its successors and assigns, directly or through any in accordance with a test procedure prescribed by the Secretary of Energy pursuant to 42 U.S.C. §
  • Respondent shall make this payment by electronic fund transfer to the Treasurer of the United
  • IT IS FURTHER ORDERED that respondent, and its successors and assigns, shall, for five years
  • Provided, further, that if such complaint is dismissed or a federal court rules that the or ruling is upheld on appeal.
  • Associate Director for Enforcement Bureau of Consumer Protection

  • 3 . COMPLAINT

    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
    
    SNIPPETS:
  • BEFORE FEDERAL TRADE COMMISSION
  • The Federal Trade Commission, having reason to believe that Ellery Coleman, individually and
  • Respondent Ellery Coleman is the sole proprietor of Granite Investments, a Georgia company
  • Individually or in concert with others, he formulates, directs, or controls the policies,
  • Respondent has advertised, offered for sale, sold, and distributed S&P futures trading
  • Respondent advises his clients to buy and sell specific S&P futures contracts on a daily
  • Respondent sells "RPM" or "Reliable Pattern Match," "S&P Savvy," and "Choice Daytrades"
  • The acts and practices of respondent alleged in this complaint have been in or affecting
  • Respondent has disseminated or has caused to be disseminated Internet advertisements for his
  • "Highly effective daytrading based on a very powerful methodology which has worked for
  • "S&P Savvy up $44,050 for March99 contract."
  • "While many of the trades shown were taken in real time with real money, since not all of
  • SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED
  • NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR
  • (This notice appears in fine print near the bottom of the Web page attached as Exhibit A.)
  • 'You told me that there would be no reason why I should not be profitable right from day one.
  • Users of respondent's S&P futures trading programs can reasonably expect to achieve
  • Through the means described in Paragraph 4, respondent has represented, expressly or by

  • 4 . ANALYSIS

    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
    
         _________________________________________________________________
    
              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
    
    SNIPPETS:
  • The Federal Trade Commission has accepted, subject to final approval, an agreement containing
  • The proposed consent order has been placed on the public record for thirty days for receipt
  • After thirty days, the Commission will again review the agreement and the comments received,
  • Respondent sells and distributes various computer software programs and training for buying
  • This matter concerns allegedly deceptive representations of the earnings and profit
  • The Commission's proposed complaint alleges that respondent made unsubstantiated claims that ical or ordinary experience of members of the public who use the programs.
  • Part I of the proposed order requires respondent to have a reasonable basis substantiating e, ratio, or number of trades that a prospective user of respondent's S&P futures trading programs
  • Part II of the proposed order prohibits respondent from misrepresenting that users of any al experience and current opinions, findings, beliefs, or experiences; or from misrepresenting the
  • Part IV of the proposed order prohibits respondent from representing without a reasonable achieve, that is, that users should not expect to experience similar results.
  • Parts V-XI of the proposed order require respondent to keep copies of relevant advertisements
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