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CFTC v ADVENT CAPITAL PARTNERS LTD Click to find out why . . .



Keywords & Phrases
CaseNo: CVACPL171415, CourtName: MISC 3, Plaintiff: CFTC, State: GA Georgia, UniqueCaseRef: LCD>CVACPL171415, Customers, Advent, Contract, Act, Account, Foreign Currency, Transactions, Futures, Daley, Violation, Commission, Commodity, Funds, Trading, Trade, Contract Market, Execution, Investors, Delivery, Brokers, Prospective Customers, Georgia, Samuel Daley, Pursuant, Practices, Cfma, Jurisdiction , ContentID: 120253744

Case Documents
1   ORDER
[ see first page and extracted highlights below  ] ItemID: 130128
1 pages
PDF
2 2000-12-21 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 130127
17 pages
PDF
Total Documents: 2 documents , 18 pages
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1 . ORDER

EXTRACTED KEY WORDS
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SNIPPETS:

2 . COMPLAINT

EXTRACTED KEY WORDS
ADVENT
CONTRACT
ACT
DEFENDANTS
ACCOUNT
FOREIGN CURRENCY
TRANSACTIONS
FUTURES
DALEY
VIOLATION
COMMISSION
COMMODITY
FUNDS
TRADING
TRADE
CONTRACT MARKET
EXECUTION
PARTNERS
INVESTORS
DELIVERY
BROKERS
COURT
PROSPECTIVE CUSTOMERS
GEORGIA
SAMUEL DALEY
PURSUANT
PRACTICES
CFMA
JURISDICTION
                  UNITED STATES DISTRICT COURT
                  NORTHERN DISTRICT OF GEORGIA
                            ATLANTA DIVISION


COMMODITY FUTURES TRADING            )  Civil Case No. 1:02-CV-1381
COMMISSION,                          )
                                     )
                                     )  COMPLAINT FOR INJUNCTIVE AND
             Plaintiff,              )  OTHER EQUITABLE RELIEF AND
                                     )  FOR CIVIL PENALTIES UNDER THE
 vs.                                 )  COMMODITY EXCHANGE ACT, AS
                                     )  AMENDED, 7 U.S.C. §§ 1-25
Advent Capital Partners, Ltd.        )
and Samuel Daley,                    )
                                     )
                                     )

             Defendants.             )
                                     )
________________________________ )


                             I. SUMMARY

     1.     Since at least December 21, 2000, Defendants

Advent Capital Partners, Ltd. ("Advent") and Samuel Daley

("Daley")(collectively, "Defendants") have solicited and

accepted funds from retail investors to engage in

speculative trading of foreign currency futures contracts.

Because these transactions are not (a) conducted on or

subject to the rules of a board of trade which has been

designated or registered by the Commodity Futures Trading

Commission ("Commission") as a contract market or

derivatives transaction execution facility for such

commodity, (b) executed or consummated by or through a

contract market, and (c) evidenced by a record in writing

SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF GEORGIA
  • Since at least December 21, 2000, Defendants
  • Advent Capital Partners, Ltd. and Samuel Daley
  • speculative trading of foreign currency futures contracts.
  • designated or registered by the Commodity Futures Trading
  • contract market, and evidenced by a record in writing
  • Commodity Futures Modernization Act of 2000,
  • Advent has sent checks to customers that have been returned
  • by Advent's bank as having insufficient funds.
  • liable for its violation of Section 4of the Act
  • Accordingly, pursuant to Section 6c of the Act,
  • as amended by the CFMA, 7 U.S.C. § 13a-1, Plaintiff
  • Commission brings this action to enjoin the unlawful acts
  • and practices of Defendants and to bar them from engaging
  • JURISDICTION AND VENUE
  • jurisdiction over certain transactions in foreign currency
  • delivery, including the transactions alleged in this
  • have solicited prospective customers to purportedly trade
  • are marketed to prospective customers as "spot" or "forex"
  • Advent brokers, including Daley, tell prospective
  • their account broker or "such other persons as the broker
  • foreign currency to retail investors that operate as
  • execution facility for such commodity.
  •    |