LegalCaseDocs.com
shopping cart  
  |     
Search
 

 
New Visitors


 VeriSign Secure Site

 Get Adobe Reader

CFTC v SUN PLATINUM GROUP LLC Click to find out why . . .



Keywords & Phrases
CaseNo: CVSPGL149344, CourtName: MISC 5, Plaintiff: CFTC, UniqueCaseRef: LCD>CVSPGL149344, Sun, Platinum, Customers, Operating Account, Funds, Contract, Relief Defendants, Commission, Futures, Foreign Currency, Trading, Bank, Commodity, Dmanskiy, Transferring, Transactions, Commonwealth, Assets, Investments, Copying Services, Relief Defendant Klondike, Relief Defendants Ocaline, Account, Regulations, Costa Rica, Tts, Transferred Overseas, Sole Signatory, Contract Market, Future Delivery, Transaction Execution Facility, Deposit, United States, Control, Indirect, Personal Service , ContentID: 120255096

Case Documents
1   ORDER
[ see first page and extracted highlights below  ] ItemID: 132356
8 pages
PDF
2 2003-02 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 132355
17 pages
PDF
Total Documents: 2 documents , 25 pages
Price: $ 24.95


IVESLCD01 KGI0001
 
 

 Forgot your password?


1 . ORDER

EXTRACTED KEY WORDS
RELIEF DEFENDANTS
ASSETS
ACCOUNT
COMMISSION
COURT
BUSINESS
DEPOSIT
UNITED STATES
FUNDS
CONTROL
INDIRECT
PERSONAL SERVICE
TRANSFERRING
ACTING
INSOFAR
SUN PLATINUM
RESTRAINING
ACT
COMMODITY FUTURES TRADING
SAFE DEPOSIT
KLONDIKE
HESSAR
OCALINE
AGENT
DMANSKIY
CIVIL PROCEDURE
FEDERAL RULE
PURPOSES
STATUTORY
         UNITED  STATES  DISTRICT  COURT
         SOUTHERN  DISTRICT               OF  NEW  YORK


          Commodity  Futures  Trading
          Commission,

                                       Plaintiff,

                                V.                           1
          Sun Platinum  Group  LLC,  Eduard                  1
          Dmanskiy  aka Edward  Dumansky                     )
                                                             )
                                       Defendants            )  EXPARTE  STATUTORY
                                                             )  RESTRAINING           ORDER  WITH
                                       and                   ;  ASSET  FREEZE

          Ocaline  Int'l  Corp.,  Hessar  Alliance           )
          Inc.,  KIondike  Int'l  Inc.,  Pyrmont            )
          Alliance  Corp.,  Commonwealth  Trust             )
          Ltd.,  and  Total  Trading  Services  Ltd.        1
                                                            )
                                       Relief               1
                                       Defendants.          1
                                                            1





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

complaint  for  permanent  injunction  and  other  relief,  and  moved  exparte,  pursuant  to 

of  the  Commodity  Exchange  Act  (the  "Act"),  7 U.S.C.  8  13a-1  (2001),  for  a Statutory

Restraining  Order  freezing  the  assets of  defendants  and  relief  defendants,  prohibiting 

from  destroying  any business  records,  books  or  documents  and  granting  leave  to  take 

discovery.  The  Court  has considered  the  pleadings,  declarations,  exhibits,  and  memorandum

filed  in  support  of  the  Commission's  motion.  As  it appears  to  the  Court  that  the Court

jurisdiction  over  the  subject  matter  of  this  case, that  Section  6c  of  the Act,  7 U.S.C.


authorizes  exparte  relief,  that  there  is good  `cause to  believe  that  Defendants  have 

SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • Commodity Futures Trading
  • Plaintiff, the Commodity Futures Trading Commission, has filed a
  • Restraining Order freezing the assets of defendants and relief defendants,
  • jurisdiction over the subject matter of this case, that Section 6c of the Act, 7 U.S.C. 0
  • granting an exparte statutory restraining Order to preserve the status quo,
  • "Defendants" means Sun Platinum Group LLC,
  • the capacity of an officer, agent, servant, employee, or attorney of Sun Platinum or Dmanskiy,
  • and any person who receives actual notice of this Order by personal service or otherwise
  • as he or she is acting in concert or participation with Sun Platinum or Dmanskiy.
  • "Relief Defendants" means Ocaline Int'l Corp., Hessar Alliance Inc.
  • attorney of Ocaline, Hessar, Klondike, Pyrrnont, Commonwealth or TTS, and any person who
  • transferring, selling, alienating, liquidating, encumbering, pledging, leasing,
  • brokerage institution, business entity, or person, that holds, controls, or maintains custody
  • account or asset, or at any time since January, 2003, has held, controlled, or maintained
  • deposit box that is:
  • the identification of any safe deposit box that is either titled in the name,
  • Provide the Commission with a full accounting of all funds and assets both within
  • defendant, on their behalf, or under their direct or indirect control, whether jointly
  • count towards the ten deposition limit set forth in Federal Rule of Civil Procedure 30.
  • and that this Court retains jurisdiction of this matter for all purposes.

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    PLATINUM
    DEFENDANTS
    CUSTOMERS
    OPERATING ACCOUNT
    FUNDS
    CONTRACT
    COMMISSION
    FUTURES
    FOREIGN CURRENCY
    TRADING
    BANK
    COMMODITY
    RELIEF DEFENDANTS
    DMANSKIY
    TRANSFERRING
    TRANSACTIONS
    COMMONWEALTH
    INVESTMENTS
    COPYING SERVICES
    RELIEF DEFENDANT KLONDIKE
    RELIEF DEFENDANTS OCALINE
    REGULATIONS
    COSTA RICA
    TTS
    TRANSFERRED OVERSEAS
    SOLE SIGNATORY
    CONTRACT MARKET
    FUTURE DELIVERY
    TRANSACTION EXECUTION FACILITY
    
     Commodity  Futures  Trading  Commission,
                                                                      1
                                           Plaintiff,                 )     COMPLAINT     FOR 
                                                                      )     AND  OTHER  EQUITABLE
                                    V.                                )     RELIEF  AND  FOR  PENALTIES
                                                                      )     UNDER  THE  COMMODITY
     Sun  Platinum  Group  LLC  and                                   )     EXCHANGE  ACT,  AS
     Eduard  Dmanskiy  aka  Edward  Dumansky,                         )     AMENDED,  7 U.S.C.  $0  1-25
                                                                      >
                                           Defendants.                )
                                                                      >
     Ocaline  International  Corporation,  Hessar                     >
     Alliance  Incorporated,  Commonwealth  Trust                     >
     Limited,  Pyrmont  Alliance  Corporation,  Klondike              >
     International  Inc.,  Total  Trading  Services                   >
     Limited,                                                         )
                                                                      1
                                            Relief  Defendants.       )
    -__-          ..___                                               )
    
    
                                                               I.
    
                                                           SUMMARY
    
             1.             Since  at least February  2003,  defendant  Sun Platinum  Group  LLC  ("Sun
    
     Platinum")  has solicited  more  than  $7  million  from  at least 373  customers  for  the
    
     illegal  foreign  currency  futures  contracts.
    
             2.        None  of  the  more  than  $7  million  has actually  been  traded.  Instead, 
    
     checks are deposited  into  a bank  account  in  Sun  Platinum's  name  at a Brooklyn,  NY  branch
    
     JP Morgan  Chase  Bank  ("operating  account")  by  Defendant  Eduard  Dmanskiy  aka Edward
    
     Dumansky  ("Dmanskiy"),  the  sole  signatory  on  the  account.
    
    
    
    
    
                                                               1
    
    
                3.     The  only  deposits  into  the  SP operating  account  are  customer  funds. 
    
    of  the  customer  funds  deposited  into  the  operating  account  are  then  transferred 
    
    SNIPPETS:
  • Commodity Futures Trading Commission,
  • JP Morgan Chase Bank ("operating account") by Defendant Eduard Dmanskiy aka Edward
  • the sole signatory on the account.
  • The only deposits into the SP operating account are customer funds.
  • of the customer funds deposited into the operating account are then transferred overseas to
  • Lateko Bank in Riga, Latvia for the benefit of relief defendants Ocaline, Hessar, Pyrmont,
  • Commonwealth, and TTS; or to Banco De Foment0 Agricola S.A in San Jose, Costa Rica for the
  • existing customers for the purported liquidation of some or all of their trading accounts.
  • or other designated contract facility that might indicate the existence of trading.
  • while acting as Sun Platinum's agent, Sun Platinum is vicariously liable for violations of
  • subject to the rules of a designated contract market or derivatives transaction execution
  • their compliance with the provisions of the Act and Regulations thereunder.
  • transactions in foreign currency for future delivery, including the transactions alleged in
  • 3321 Road Town, Tortola, BVI, and its registered agent is Commonwealth Trust Limited.
  • currency that is a sale of a commodity for future delivery, and is "offered to, or entered
  • Instead, customer investments are deposited
  • Rica for the benefit of relief defendant Klondike.
  • rent, office supplies, copying services, and ATM withdrawals.
  • Withdrawing, transferring, removing, dissipating, concealing or disposing
  •    |