COMMODITY FUTURES TRADING COMMISSION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
________________________________________________
)
COMMODITY FUTURES TRADING COMMISSION, ) Civil Case No. 99-00653
Plaintiff, )
) COMPLAINT FOR INJUNCTIVE
vs. ) AND OTHER EQUITABLE RELIEF
) AND FOR CIVIL PENALTIES UNDER
DAVID T. MARANTETTE, III and ) THE COMMODITY EXCHANGE ACT,
TROUBADOUR, INC., ) AS AMENDED, 7 U.S.C. § 1 ET SEQ.
Defendants.
)
________________________________________________ )
website that the Defendants' two commodity futures trading accounts
had made substantial gains over the course of six months; and
d. soliciting and obtaining funds from members of the public for
Troubadour I and Troubadour II through material omissions concerning
Marantette's background.
2. Accordingly, pursuant to Section 6c of the Act, 7 U.S.C. § 13a-1
(1994), Plaintiff Commission brings this action to restrain and enjoin
such acts and practices, and to compel compliance with the Act and the
Regulations thereunder. In addition, the Commission seeks disgorgement
of unlawfully obtained funds, restitution, a civil monetary penalty,
an accounting, and other ancillary equitable relief. Unless restrained
and enjoined by this Court, Defendants Marantette and Troubadour, Inc.
are likely to continue to engage in the acts and practices alleged in
this Complaint, in violation of the Act.
II.
JURISDICTION AND VENUE
3. This Court has jurisdiction over this action pursuant to Section
6c(a) of the Act, 7 U.S.C. § 13a-1(a) (1994), which provides that
whenever it shall appear to the Commission that any person has
engaged, is engaging, or is about to engage in any act or practice
constituting a violation of the Act or any rule, Regulation, or order
thereunder, the Commission may bring an action against such person in
the proper District Court of the United States to enjoin such
SNIPPETS:
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
COMMODITY FUTURES TRADING COMMISSION,) Civil Case No. 99-00653 Plaintiff,)
soliciting and obtaining funds from members of the public for Troubadour I and Troubadour II
Accordingly, pursuant to Section 6c of the Act, 7 U.S.C. § 13a-1, Plaintiff Commission brings
Unless restrained and enjoined by this Court, Defendants Marantette and Troubadour, Inc. are
Venue properly lies with this Court pursuant to Section 6cof the Act, 7 U.S.C. § 13a-1, in
, and the Regulations promulgated thereunder, 17 C.F.R §§ 1.1 et seq.
Defendant David T. Marantette, III is an individual residing at 3647 Kaweonui Road,
He is not now, nor has he ever been, registered with the Commission in any capacity,
Marantette was permanently barred from the securities industry by the Securities and Exchange
A commodity pool is any investment trust, syndicate, or similar form of enterprise operated
Since approximately 1974, and continuing to the present, Defendant Marantette has published,
Defendants Marantette and Troubadour, Inc. solicit subscriptions for this newsletter on their
In fact, Defendants Marantette and Troubadour, Inc. did not make most of the trades listed in
Defendants solicit subscriptions for this newsletter on their website, falsely claiming that
Defendants Marantette and Troubadour, Inc. also use the false track records to solicit
In soliciting customers for their commodity trading advisory activities, Defendants
The Defendants claimed that their Troubadour I account posted a $46,924 gain between February
The stated investment approach of Cycles in Gold is to invest in securities and derivatives
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