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CFTC v THOMAS D CHILCOTT Click to find out why . . .



Keywords & Phrases
CaseNo: CVTDC118194, CourtName: MISC 2, Plaintiff: CFTC, State: FL Florida, UniqueCaseRef: LCD>CVTDC118194, Act, Chilcott, Violation, Westbrook, Pool Participants, Receiver, Commission, Clients, Regulation, Accounts, Trading, Funds, Commodity Futures, Prospective Clients, Permanent Injunction, Regulations, Trade Master, Commodity Futures Trading, Civil, Futures Contracts, Consent, Equitable Relief, Individual Accounts, Commodity, Complaint, United States District, Relief, Paragraphs, Florida, Appointment, Pursuant, Southwest Florida, Jurisdiction, Possession, Misappropriation, Distinct Violation , ContentID: 120252673

Case Documents
1   ORDER
[ see first page and extracted highlights below  ] ItemID: 127737
9 pages
PDF
2 2002-03-06 CONSENT ORDER
[ see first page and extracted highlights below  ] ItemID: 131128
17 pages
PDF
3 2002-03-06 CONSENT ORDER - DEF WHIDDEN
[ see first page and extracted highlights below  ] ItemID: 131127
14 pages
PDF
4 1999-09 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 127736
23 pages
PDF
Total Documents: 4 documents , 63 pages
Price: $ 34.95


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1 . ORDER

EXTRACTED KEY WORDS
ASSET
ACCOUNT
COURT
FLORIDA
COMMISSION
BUSINESS
ACT
DEPOSIT
RESTRAINING
SAFE DEPOSIT
CONTROLS
CUSTODY
DESTROYING
BOOKS
REPRESENTATIVES
RELIEF
STATUTORY RESTRAINING ORDER
TRADE MASTER
SOUTHWEST FLORIDA
RESIDING
PARTNERSHIP
JURISDICTION
MATTER
PURPOSES
DRAFT
ALVA
TRANSFERRING
DISPOSING
UNITED STATES
:                                                                                            FLED


                                    UNITED  STATES  DISTRICT  COURT  02 HAR -7  f  926
                            FOR  THE  MIDDLE  DISTR-KT  OF FLo~$,,                         il p ~,
                                                                                            .J.
                                                                                HIODLE &ST~~i~T 6~
       C(MMODITY        FUTURES  TRADING  COMMISSION                    )          FT.

                                         Plaintiff,         '

       V.                                                               ; 1
       THOMAS  D.  CHILCOTT,  individually  and d/b/a
       TRADE  MASTER  OF SOUTHWEST  FLORIDA                             ;
               3701  Packinghouse Road
               Alva,  Florida 33920,                                   `i            -
                                                                        1
       TED  E. WHIDDEN
               4021 Ellis  Road                                         ;
               Fort Myers,  Florida 33905,                              )

               and                                                      ;

       LEONA  WESTBROOK                                                 ;
               370 1 Packinghouse Road
               Ah,  Florida 33920                                       F
                                                                        .I
      .
                                         Defendants.                    ; 1

                                                        -@-l-e          e
                   ExPurie  Stat&y          Restraining  Order  Fr B  ing  Assets  of  Defendants,
                Prohibiting  Defendants  From  Destroying  or  Altering  any  Books,  Records  or
              Other  Documents,  Barring  the  Defendants  from  Denying  Access to  those  Books,
                       Records  and  Documents  to  any  Representative  of  Plaintiff,  and
                                Granting  Leave  to  Take  Expedited  Discovery

              Plaintiff,  the Commodity  Futures Trading Commission  ("Commission"),  has filed  a

      Complaint  for permanent injunction  and other relief,  and moved exparze, pursuant  to  S&on

      6c of the Commodity  Exchange Act,  as amended (the "Act"),  7 U.S.C.  5 13a-I  (1994), for a

      Statutory Restraining Order freezing the assets of the Defendants, prohibiting  Defendants


JAN-l@-00        17:Sl             FROM:US      ATTORNEYS     OFFICE               ID:9414612219   


SNIPPETS:
  • Other Documents, Barring the Defendants from Denying Access to those Books,
  • Complaint for permanent injunction and other relief, and moved exparze, pursuant to S&on
  • Statutory Restraining Order freezing the assets of the Defendants,
  • from destroying any business records, books or documents and granting leave to take
  • the Court has jurisdiction over the subject matter of this case, that Section 6c of the Act, 7
  • quo, protect public customers from Joss and damage, and enable the Commission to fulfill its
  • For the purposes of this Order,
  • A draft or non-identical
  • Trade Master of Southwest Florida, residing in Alva, Florida;
  • transferring, selling, alienating, liquidating, encumbering, pledging, Ica&g,
  • opening or causing to be opened any safe deposit boxes titled in the name of,`
  • Maintenance of and Access!o Business Records
  • from directly or indirectly destroying, mutilating, erasing, altering, concealing or disposing
  • representatives, employees, attorneys, any personacting or purporting to act for or on their
  • behalf, and corporate and partnership entities in which Defendants have an'interest, including
  • financial or brokerage institution, business entity, or person, that holds, controls, or
  • maintained custody of any account or asset of the Defendants shall:
  • United States Cotiousc for the Middle District of Florida at FokfMyers,
  • until further order of this Cc&t, and that this Court retains jurisdiction of this matter for

  • 2 . CONSENT ORDER

    EXTRACTED KEY WORDS
    WESTBROOK
    RECEIVER
    COURT
    ACT
    COMMISSION
    DEFENDANTS
    VIOLATION
    REGULATIONS
    COMMODITY
    EQUITABLE RELIEF
    CIVIL
    COMMODITY FUTURES TRADING
    PERMANENT INJUNCTION
    CONSENT
    FLORIDA
    COMPLAINT
    APPOINTMENT
    PURSUANT
    ACCOUNTS
    UNITED STATES
    POSSESSION
    PROSPECTIVE CLIENTS
    TRADE MASTER
    LEONA WESTBROOK
    UNITED STATES DISTRICT
    BUSINESS
    EMPLOYEES
    JURISDICTION
    ATTORNEYS
    
                                 UNITED STATES DISTRICT COURT
                            FOR THE MIDDLE DISTRICT OF FLORIDA
                                        FORT MYERS DIVISION
    
    COMMODITY FUTURES TRADING COMMISSION,  )  Case No.
            )
                                                                        2:02-cv-94-FTM-29DNF
     Plaintiff,                                                   )
    
     )
    
    v. )
    
     )
    
    THOMAS D. CHILCOTT d/b/a Trade Master of                      )
    Southwest Florida, TED E. WHIDDEN, and LEONA                  )
    WESTBROOK,                                                    )
     )
    
     Defendants.                                                  )
    
     )
    
    
    
                       CONSENT ORDER OF PERMANENT INJUNCTION,
         THE APPOINTMENT OF A RECEIVER, AND OTHER EQUITABLE RELIEF
         AS TO DEFENDANTS THOMAS D. CHILCOTT AND LEONA WESTBROOK
    
           On March 6, 2002, Plaintiff Commodity Futures Trading Commission ("the Commission")
    
    filed a complaint against Thomas D. Chilcott ("Chilcott"), Leona Westbrook ("Westbrook"), and
    
    Ted E. Whidden ("Whidden") (collectively "Defendants") seeking injunctive and other equitable
    
    relief, as well as the imposition of civil penalties, for violations of the Commodity Exchange Act,
    
    amended ("Act"), 7 U.S.C. §§ 1 et seq. (1994), the Commission regulations promulgated thereunder
    
    ("Regulations"), 17 C.F.R. §§ 1 et seq. (2001), and the Consent Final Judgment and Order of
    
    Permanent Injunction and Equitable Relief of the United States District Court for the District of
    
    Colorado in Commodity Futures Trading Commission v. Chilcott Portfolio Mgmt, Inc., et. al.,
    
    C.A. No. 81-F-999, Order No. 1981-9 (D. Colo. July 10, 1981) (the "1981 Order").
    
    
    SNIPPETS:
  • FOR THE MIDDLE DISTRICT OF FLORIDA
  • CONSENT ORDER OF PERMANENT INJUNCTION, THE APPOINTMENT OF A RECEIVER, AND OTHER EQUITABLE
  • On March 6, 2002, Plaintiff Commodity Futures Trading Commission
  • relief, as well as the imposition of civil penalties, for violations of the Commodity
  • Permanent Injunction and Equitable Relief of the United States District Court for the
  • On March 7, 2002, this Court issued an ex parte statutory restraining order ("Statutory
  • the Defendants from violating the Act, Regulations, and the 1981 Order as alleged in the
  • receiver for the Defendants and the operation of Trade Master of Southwest Florida ("Trade
  • forth herein for the appointment of a receiver.
  • Chilcott and Westbrook admit that this Court has jurisdiction over them and the
  • subject matter of this action pursuant to Section 6c of the Act,
  • employees, contractors or attorneys shall take any action or make any public statement
  • about to engage in any act or practice constituting a violation of any provision of the Act
  • in or in connection with any business as a CPO while failing to register as a CPO,
  • prospective clients by use of the mails or any means or instrumentality of interstate
  • G. maintain possession and control over all property authorized for sale pursuant to
  • J. take control of the following accounts that are subject to the asset freeze imposed by the
  • under the United States Bankruptcy Code, 11 U.S.C. §101 et seq., as to any

  • 3 . CONSENT ORDER - DEF WHIDDEN

    EXTRACTED KEY WORDS
    RECEIVER
    ACT
    COMMISSION
    DEFENDANTS
    VIOLATION
    RELIEF
    COMMODITY FUTURES TRADING
    REGULATIONS
    CIVIL
    CONSENT
    PERMANENT INJUNCTION
    COMPLAINT
    WESTBROOK
    EQUITABLE RELIEF
    SEQ
    APPOINTMENT
    UNITED STATES DISTRICT
    PURSUANT
    JURISDICTION
    ATTORNEYS
    TRADE MASTER
    REGULATIONS PROMULGATED THEREUNDER
    CHILCOTT PORTFOLIO MGMT
    POSSESSION
    INTERSTATE COMMERCE
    PERSONAL SERVICE
    EMPLOYEES
    PROCEEDING
    PROVISION
    
                                 UNITED STATES DISTRICT COURT
                            FOR THE MIDDLE DISTRICT OF FLORIDA
                                        FORT MYERS DIVISION
    
    COMMODITY FUTURES TRADING COMMISSION,  )  Case No.
            )
                                                                        2:02-cv-94-FTM-29DNF
     Plaintiff,                                                   )
    
     )
    
    v. )
    
     )
    
    THOMAS D. CHILCOTT d/b/a Trade Master of                      )
    Southwest Florida, TED E. WHIDDEN, and LEONA                  )
    WESTBROOK,                                                    )
     )
    
     Defendants.                                                  )
    
     )
    
    
    
                       CONSENT ORDER OF PERMANENT INJUNCTION,
              THE APPOINTMENT OF A RECEIVER, AND OTHER EQUITABLE
                          RELIEF AS TO DEFENDANT TED E. WHIDDEN
    
           On March 6, 2002, Plaintiff Commodity Futures Trading Commission ("the Commission")
    
    filed a complaint against Thomas D. Chilcott ("Chilcott"), Leona Westbrook ("Westbrook"), and
    
    Ted E. Whidden ("Whidden") (collectively "Defendants") seeking injunctive and other equitable
    
    relief, as well as the imposition of civil penalties, for violations of the Commodity Exchange Act,
    
    amended ("Act"), 7 U.S.C. §§ 1 et seq. (1994), the Commission regulations promulgated thereunder
    
    ("Regulations"), 17 C.F.R. §§ 1 et seq. (2001), and the Consent Final Judgment and Order of
    
    Permanent Injunction and Equitable Relief of the United States District Court for the District of
    
    Colorado in Commodity Futures Trading Commission v. Chilcott Portfolio Mgmt, Inc., et. al.,
    
    C.A. No. 81-F-999, Order No. 1981-9 (D. Colo. July 10, 1981) (the "1981 Order").
    
    
    SNIPPETS:
  • CONSENT ORDER OF PERMANENT INJUNCTION, THE APPOINTMENT OF A RECEIVER, AND OTHER EQUITABLE
  • RELIEF AS TO DEFENDANT TED E. WHIDDEN
  • On March 6, 2002, Plaintiff Commodity Futures Trading Commission
  • relief, as well as the imposition of civil penalties, for violations of the Commodity
  • the Commission regulations promulgated thereunder
  • 17 C.F.R. §§ 1 et seq.
  • Permanent Injunction and Equitable Relief of the United States District Court for the
  • Colorado in Commodity Futures Trading Commission v. Chilcott Portfolio Mgmt, Inc., et. al.,
  • On March 7, 2002, this Court issued an ex parte statutory restraining order ("Statutory
  • Restraining Order") that, among other things, froze the Defendants' assets, prohibited
  • the Defendants from violating the Act, Regulations, and the 1981 Order as alleged in the
  • this action pursuant to Section 6c of the Act,
  • of Double Jeopardy based upon the institution of this proceeding or the entry in this
  • employees, contractors and attorneys understand and comply with this agreement.
  • Whidden consents to the continued jurisdiction of this Court in order to
  • appointment of a receiver, and other equitable relief pursuant to § 6c of the Act, as set
  • about to engage in any act or practice constituting a violation of any provision of the Act
  • Order by personal service or otherwise, shall be permanently restrained, enjoined and
  • be used for hedging any transaction in interstate commerce in such commodity
  • Whidden and Westbrook, jointly, and Whidden doing business as Trade Master;
  • the purposes of transferring such assets to the custody, control and possession of the

  • 4 . COMPLAINT

    EXTRACTED KEY WORDS
    VIOLATION
    CHILCOTT
    POOL PARTICIPANTS
    CLIENTS
    REGULATION
    TRADING
    ACCOUNTS
    DEFENDANTS
    FUNDS
    COMMODITY FUTURES
    BUSINESS
    PROSPECTIVE CLIENTS
    COMMISSION
    FUTURES CONTRACTS
    WESTBROOK
    TRADE MASTER
    INDIVIDUAL ACCOUNTS
    PARAGRAPHS
    PERMANENT INJUNCTION
    SOUTHWEST FLORIDA
    UNITED STATES DISTRICT
    MISAPPROPRIATION
    DISTINCT VIOLATION
    CPO
    CTA
    CIVIL MONETARY PENALTIES
    ALLEGATIONS SET
    DISCLOSURE DOCUMENT
    THEREUNDER
    
                               UNITED STATES DISTRICT COURT
                         FOR THE MIDDLE DISTRICT OF FLORIDA
    
    
    COMMODITY FUTURES TRADING COMMISSION  )
           1155 21st Street, N.W.                              )     Case No. 2:02-CV-94-FTM-
           Washington, DC 20581                                )     29DNF
                                                               )
     Plaintiff,                                                )
    
     )
    
    v. )
    
     )
    
    THOMAS D. CHILCOTT, individually and d/b/a                 )
    TRADE MASTER OF SOUTHWEST FLORIDA                          )
           3701 Packinghouse Road                              )
           Alva, Florida 33920,                                )
                                                               )
    TED E. WHIDDEN                                             )
           4021 Ellis Road                                     )
           Fort Myers, Florida 33905,                          )
                                                               )
           and                                                 )
                                                               )
    LEONA WESTBROOK                                            )
           3701 Packinghouse Road                              )
           Alva, Florida 33920                                 )
     )
    
     Defendants.                                               )
    
     )
    
    
    
                        COMPLAINT FOR A PERMANENT INJUNCTION,
                                      OTHER EQUITABLE RELIEF
                                AND CIVIL MONETARY PENALTIES
    
    
                                          I.  SUMMARY
    
           1.      Since in or about September 1999, Thomas D. Chilcott, individually and
    
    doing business as "Trade Master of Southwest Florida," ("Chilcott") and Ted E. Whidden
    
    
    SNIPPETS:
  • COMMODITY FUTURES TRADING COMMISSION)
  • AND CIVIL MONETARY PENALTIES
  • have solicited clients and prospective clients to open individual accounts and to
  • Chilcott, Whidden and Leona Westbrook
  • investing in commodity futures contracts,
  • and prospective pool participants to invest in the Pool, all in violation of the Commodity
  • Defendants have misappropriated at least 1 million dollars of the Pool's
  • funds for their personal use.
  • trading losses and their misappropriation, all in violation of the Act and Regulations.
  • individual accounts, Chilcott and Whidden told clients opening individual accounts to give
  • power of attorney form that Whidden was a "business partner" of the clients.
  • in violation of a Final Judgment and Order of Permanent Injunction and Equitable Relief
  • of the Act or any rule, regulation, or order promulgated thereunder, the Commission may
  • individually and as Trade Master of Southwest Florida at the same address.
  • the United States District Court for the District of Colorado
  • participant without first distributing a disclosure document in accordance with Regulation
  • solicited prospective clients and prospective Pool participants to trade commodity futures
  • Chilcott did not provide to clients and Pool participants a disclosure document
  • The allegations set forth in paragraphs 1 through 26 are realleged and
  • By virtue of the conduct described in paragraphs 16 and 19 through 26 above,
  • limited to those specifically alleged herein, constitutes a separate and distinct violation
  • Whidden acted as an AP of a CTA by soliciting
  • Since in or about September 1999, Chilcott acted as a CPO by soliciting,
  •    |