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CFTC v JOHN MARTIN LOFGREN Click to find out why . . .



Keywords & Phrases
CaseNo: CVJML130285, CourtName: MISC 3, Plaintiff: CFTC, State: IL Illinois, UniqueCaseRef: LCD>CVJML130285, Act, Funds, Commodity, Pool Participants, Commission, Melrose, Commodity Futures, Trading, Regulation, Receiver, Withdrawals, Practices, Assets, Relevant Time, Misappropriating, Violations, Melrose Asset, Accounts, Management Corporation, Possession, Order Requiring Defendants, Control, Civil Monetary Penalties, Thereunder, Directing, Connection, Options Transactions, Appoint, Authority, Accepted Customer Funds, Commodity Exchange Act, Statutory Restraining Order, Personnel, Deposit, Premises , ContentID: 120253748

Case Documents
1   ORDER
[ see first page and extracted highlights below  ] ItemID: 130136
10 pages
PDF
2 1998-04 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 130135
14 pages
PDF
Total Documents: 2 documents , 24 pages
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1 . ORDER

EXTRACTED KEY WORDS
DEFENDANTS
ASSETS
COURT
FUNDS
ACCOUNTS
POSSESSION
CONTROL
DIRECTING
COMMISSION
APPOINT
AUTHORITY
COMMODITY
STATUTORY RESTRAINING ORDER
PERSONNEL
DEPOSIT
PREMISES
CUSTODY
WHEREVER
REQUESTS
PAYMENTS
DUTIES
RECEIVERSHIP ESTATE
ENFORCING
COMPENSATION
TRANSFERRING
DISPOSING
MONEY
BOOKS
SECURE
                            In The United States District Court
                           For The Northern District Of Illinois
                                       Eastern Division


Commodity Futures Trading Commission,  Civil Action No:  02 C 6222
  Plaintiff,
vs.

John Martin Lofgren,

and

Melrose Asset Management Corporation,
  Defendants.


                        STATUTORY RESTRAINING ORDER AND
                             ORDER APPOINTING RECEIVER

        Having read the Complaint for Injunctive and Other Equitable Relief, the Plaintiff's

Motions for a Statutory Restraining Order on Notice and Appointment of a Receiver, the

declaration of Hugh J. Rooney, and the brief submitted in support of its motions:

        THE COURT FINDS:

        1.     The Court has jurisdiction over the subject matter.

        2.     Section 6c of the Commodity Exchange Act, as amended ("Act"), 7 U. S. C.

§ 13a-1 (2001), permits this Court to enter a statutory restraining order and appoint a temporary

receiver.

        3.     It appears that there is good cause to believe that Defendants John Martin Lofgren

("Lofgren") and Melrose Asset Management Corporation ("Melrose") (collectively "the

Defendants"), have engaged, are engaging in and are about to engage in violations of Sections


4b(a)(2)(i)-(iii), 4c(b) and 4o(1) of the Act, 7 U.S.C. §§ 6b(a)(2)(i)-(iii), 6c(b) and 6o(1), and

Commission Regulation 33. 10, 17 C.F.R. § 33.10 (2002).

       4.      It also appears that this is a proper case to appoint a temporary equity receiver and

SNIPPETS:
  • In The United States District Court
  • Commodity Futures Trading Commission, Civil Action No:
  • Motions for a Statutory Restraining Order on Notice and Appointment of a Receiver,
  • permits this Court to enter a statutory restraining order and appoint a temporary
  • It appears that there is good cause to believe that Defendants John Martin Lofgren
  • Withdrawing, transferring, removing, dissipating or disposing of funds, assets or
  • other property, wherever situated, including but not limited to, all funds, personal
  • property, money or securities held in safes, safety deposit boxes and all funds on
  • Destroying, altering, concealing or disposing of any books, records, electronically
  • or under the control of the Defendants, including funds and property of investors, is
  • preserving, accounting for and liquidating the assets that are subject to this Order and
  • Take exclusive custody, control, and possession of all the funds, property, mail
  • leases, books, records, work papers, and records of accounts, including computermaintained
  • Take all steps necessary to secure the business premises of the Defendants,
  • F. Collect all money owed to the Defendants;
  • preserve or increase the assets of the Defendants or to carry out his or her duties
  • and conduct discovery in this action on behalf of the receivership estate;
  • designated accounts and shall make all payments and disbursements from the
  • authority and discharging the responsibilities of the Receiver under this order;
  • Accelerating the due date of any obligation or claimed obligation, enforcing any
  • Receiver's Report to the Court and Compensation
  • IT IS FURTHER ORDERED that the Receiver and all personnel hired by the Receiver
  • The Receiver shall file with the Court and serve on the parties periodic requests for the

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    DEFENDANTS
    FUNDS
    COMMODITY
    POOL PARTICIPANTS
    MELROSE
    COMMISSION
    COMMODITY FUTURES
    TRADING
    REGULATION
    WITHDRAWALS
    COURT
    PRACTICES
    RELEVANT TIME
    MISAPPROPRIATING
    VIOLATIONS
    MELROSE ASSET
    MANAGEMENT CORPORATION
    ORDER REQUIRING DEFENDANTS
    CIVIL MONETARY PENALTIES
    THEREUNDER
    CONNECTION
    OPTIONS TRANSACTIONS
    ACCEPTED CUSTOMER FUNDS
    COMMODITY EXCHANGE ACT
    MAKING FALSE
    PERSONAL EXPENSES
    FALSE ACCOUNT STATEMENT
    FALSE REPORTS
    INVESTED MONEY
    
                               In The United States District Court
                              For The Northern District Of Illinois
                                           Eastern Division
    
    Commodity Futures Trading Commission,
      Plaintiff,
    vs.                                                    Civil Action No: CIV 02 C
                                                           6222
    John Martin Lofgren,
                                                           Complaint For Injunctive And
    and                                                    Other Equitable Relief And
    
    Melrose Asset Management Corporation,   Civil Monetary Penalties Under
      Defendants.                                          The Commodity Exchange Act
    
    
    
    
    
                                              I.  Summary
    
            1.     From at least April 1998 to the present ("relevant time period"), Melrose Asset
    
    Management Corporation ("Melrose") and John Martin Lofgren ("Lofgren") have solicited and
    
    accepted customer funds for use in trading in commodity futures and commodity options in a
    
    commodity pool entitled The Melrose Fund, L.L.C. ("the Fund" or "the pool").  They have
    
    misappropriated at least $1,400,000 of those funds and have issued false statements to at least
    
    two pool participants that did not disclose their unauthorized withdrawal of funds from the Fund.
    
            2.     Specifically, Lofgren and Melrose (collectively "the Defendants") have engaged,
    
    are engaging, or are about to engage in acts or practices which violate the anti-fraud sections of
    
    the Commodity Exchange Act ("Act"), 7 U.S.C. §§ 1 et seq. (2001), and Commission
    
    Regulations thereunder, 17 C.F.R. §§ 1 et seq. (2002).  Defendants have violated Sections 4b
    
    4c(b) and 4o(1) of the Act, 7 U.S.C. §§6b, 6c(b) and 6o(1), and Commission Regulation 33.10,
    
    
    
    17 C.F.R. § 33.10, by misappropriating pool participants' funds and by making false statements
    
    to at least two pool participants in connection with commodity futures and options transactions.
    
    SNIPPETS:
  • In The United States District Court
  • Commodity Futures Trading Commission,
  • Melrose Asset Management Corporation, Civil Monetary Penalties Under
  • From at least April 1998 to the present ("relevant time period"), Melrose Asset
  • misappropriated at least $1,400,000 of those funds and have issued false statements to at
  • two pool participants that did not disclose their unauthorized withdrawal of funds from the
  • Specifically, Lofgren and Melrose (collectively "the Defendants") have engaged,
  • the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq.
  • Regulations thereunder, 17 C.F.R. §§ 1 et seq.
  • by misappropriating pool participants' funds and by making false statements
  • to at least two pool participants in connection with commodity futures and options
  • engage in the acts and practices alleged in this Complaint and in similar acts and practices,
  • rule, regulation or order thereunder.
  • The Fraudulent Withdrawals
  • and sent at least one pool participant a false account statement that did not reflect the
  • the Fund and used it to pay various business and/or personal expenses of the Defendants.
  • Violations of the Commodity Exchange Act
  • cause to be made to other persons false reports or statements, or willfully enter or cause to
  • they made false reports and false statements to at least two pool participants who invested
  • F. Enter an order requiring Defendants to make restitution by making whole each
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