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IN RE GREGORY ELLIOTT - CFTC LITIGATION Click to find out why . . .



Keywords & Phrases
CaseNo: IRGECL193915, CourtName: MISC 4, UniqueCaseRef: LCD>IRGECL193915, Trading, Elliott, Commission, Act, Trading System, Respondent, Regulation, Violation, Advertisements, Commodity, Pursuant, Profits, Futures, Relevant Time, Customers, Allegations, Misrepresentations, Trades, Fraudulent, Alleges, Proceeding, Website, Representations, E-mini Contracts, Quantumlevel Trading System, Accompaniment, Internet, Purchase, Complaint, Transaction , ContentID: 120254732

Case Documents
1 2001-03 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 131849
9 pages
PDF
Total Documents: 1 document , 9 pages
Price: $ 19.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
ELLIOTT
COMMISSION
ACT
TRADING SYSTEM
RESPONDENT
REGULATION
VIOLATION
ADVERTISEMENTS
COMMODITY
PURSUANT
PROFITS
FUTURES
RELEVANT TIME
CUSTOMERS
ALLEGATIONS
MISREPRESENTATIONS
TRADES
FRAUDULENT
ALLEGES
PROCEEDING
WEBSITE
REPRESENTATIONS
E-MINI CONTRACTS
QUANTUMLEVEL TRADING SYSTEM
ACCOMPANIMENT
INTERNET
PURCHASE
COMPLAINT
TRANSACTION
                                     UNITED      STATES  OF  AMERICA
                                                   Before  the
                          COMMODITY         FUTURES  TRADING                COMMISSION



In  the Matter  of                                                 CFTC  Docket  No.  03-07      
                                                                                               
                                                                                               
Gregory  W.  Elliott,                                              COMPLAINT      AND
individually  and
d/b/a  Soffrade,  Inc.  and                           .            SECTIONS  6(c),  6(d)  AND  8$%)
Sof?adeinc.com,                                                    OF  THE  COMMODITY


                    Respondent.                      .


                                                            I.

            The  Commodity  Futures  Trading  Commission  ("Commission")              has received 

from  its staff  that  tends to  show,  and  the  Commission's  Division  of  Enforcement 

alleges,  that:

                                                  SUMMARY

            1.  From  on  or  about  March  2001  to  September  2002  (the  "relevant  time 

Gregory  W.  Elliott  ("Elliott"),  individually  and  d/b/a  SofTrade,  Inc.  and 

("So&adeinc.com"),         an unregistered  commodity  trading  advisor  ("CT,,`),         used

fraudulent  advertising  to  solicit  customers  to  purchase  a commodity  futures  trading 

the  Internet.  He  fraudulently  touted  substantial  profits  from  using  his  system  and

mischaracterized  the  performance  record  of  the  system  as being  based  on  actual trades, 

was  actually  based on  simulated  or  hypothetical  trades.  Thus,  Elliott  violated  Sections 

and 4~( l)(B)  of  the Commodity  Exchange  Act,  as amended  ("Act"),  7 U.S.C.  $5 69(l)(A)  and

6~( l)(B)  (2000),  and  Commission  Regulation  4.41 (a)( 1)  and  4.41 (a)(2),  17 C.F.R.  5 4.41

(2001).


SNIPPETS:
  • alleges, that:
  • From on or about March 2001 to September 2002 (the "relevant time period"),
  • fraudulent advertising to solicit customers to purchase a commodity futures trading system
  • the Internet.
  • was actually based on simulated or hypothetical trades.
  • Thus, Elliott violated Sections 49
  • Elliott violated Commission Regulations 4.41and 4.41by failing to
  • Elliott developed and marketed a commodity trading system for use in the futures
  • Elliott has solicited customers to purchase his Internet based trading advisory system known
  • These customers were enticed by representations of substantial profits into purchasing the
  • Misrepresentations And Misleading Advertisements Concerning Hypothetical Nature of Performance
  • For example, in his website advertisements, Elliott represented to the public the following:
  • In these reports, Elliott claimed to have made net trading profits of $30,825.00, $13,987.50
  • QuantumLevel trading system in electronic mail advertising messages that he sent to financial
  • without the accompaniment of a required cautionary statement.
  • The allegations contained in paragraphs 1 through 12 above are realleged and
  • artifice to defraud customers or prospective customers, or engaged in a transaction,
  • During the relevant time period, Elliott violated Commission Regulation 4.41,
  • the advertisements described in this Complaint.
  • alleged as a separate and distinct violation of Section 4~of the Act and Regulation 4.41.
  • A statement prescribed pursuant to rules promulgated by a registered
  • Commission's Order, if the respondent is registered with the Commission in any capacity,
  • shall serve two copies of such Answer and of any documents tiled in this proceeding upon Lisa
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