UNITED STATES OF AMERICA
Before the
COMMODITY FUTURES TRADING COMMISSION
)
In the Matter of: )
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Eric Zuccarelli, ) CFTC Docket No. S.D.
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Registrant. )
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OPINION AND ORDER ACCEPTING
OFFER OF SETTLEMENT OF REGISTRANT ERIC ZUCCARELLI
On March 5, 1997, the U.S. Commodity Futures Trading Commission ("Commission")
filed a Notice of Intent to Revoke, Suspend, or Condition Registration as a Floor Broker
("Notice") against Eric Zuccarelli ("Zuccarelli").1 Zuccarelli has submitted an Offer of
Settlement ("Offer"), which upon consideration, the Commission has determined to accept.2
Solely on the basis of the consent evidenced by the Offer, and without any adjudication on the
merits, the Commission finds that the facts set forth in the Notice constitute good cause for a
statutory disqualification of Zuccarelli from registration under Section 8a(3)(M) of the
Commodity Exchange Act ("Act"), 7 U.S.C. §12a(3)(M) (2001), which provides a basis by
1 The Notice alleges facts which constitute good cause for a statutory disqualification of
under Section 8a(3)(M) of the Commodity Exchange Act, as amended ("Act"), 7 U.S.C. §12a(3)(M)
provides a basis by which Zuccarelli's registration may be revoked, suspended, or restricted under
7 U.S.C.§12a(4) (1994).
2 In his Offer, without admitting or denying the allegations of the Notice, Zuccarelli, inter alia,
Notice, admits the jurisdiction of the Commission with respect to the matters set forth in the
hearing, all post-hearing procedures, judicial review by any court, any objection to the staff's
Commission's consideration of the Offer, any claim of Double Jeopardy based upon the institution of
proceeding or the entry of any order imposing a civil penalty or any other relief, and all claims
possess under the Equal Access to Justice Act, 5 U.S.C. §504, and 28 U.S.C. §2412 (2001) and Part
regulations promulgated under the Commodity Exchange Act, as amended ("Regulations"), 17 C.F.R.
seq., relating to or arising from this action; and stipulates that the record basis on which this
("Order") is entered consists of the Notice, the findings consented to in the Offer, which are
Order, and the Supplemental Sponsor Certification Statement submitted in connection with the Offer.
SNIPPETS:
OFFER OF SETTLEMENT OF REGISTRANT ERIC ZUCCARELLI
On March 5, 1997, the U.S. Commodity Futures Trading Commission
filed a Notice of Intent to Revoke, Suspend, or Condition Registration as a Floor Broker
Settlement, which upon consideration, the Commission has determined to accept.2
Solely on the basis of the consent evidenced by the Offer, and without any adjudication on the
Commodity Exchange Act, 7 U.S.C. §12a, which provides a basis by
The Notice alleges facts which constitute good cause for a statutory disqualification of
In his Offer, without admitting or denying the allegations of the Notice, Zuccarelli, inter
mposing a civil penalty or any other relief, and all claims which he may possess under the Equal
the Supplemental Sponsor Certification Statement submitted in connection with the Offer.
beginning on the Monday following the entry of this Opinion and Order
Zuccarelli agrees to the use of these findings in this proceeding and in any other proceeding
Zuccarelli shall send written notification to the Membership Department
Within five days after Sponsor notifies Zuccarelli in writing that he is
from the date on which Zuccarelli's six-month suspension of his
If the Commission, the NFA, or any other SRO or a law enforcement
with violation of the Act, the Regulations, the rules or requirements of the
NFA or any other SRO, the terms of this Order, or a disciplinary offense
If Zuccarelli's registration is automatically suspended pursuant to
the period of suspension shall terminate six
such Notice or Complaint is filed within the six-month period,
National Futures Association,
Order imposing a six-month suspension and restrictions on
and provide for an automatic suspension provision.
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