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CFTC v US SECURITIES & FUTURES CORP Click to find out why . . .



Keywords & Phrases
CaseNo: CVUSFC178118, CourtName: MISC 5, Plaintiff: CFTC, UniqueCaseRef: LCD>CVUSFC178118, Ussfc, Commission, York, Act, Fcm, Futures Trading Commission, Regulation, Warning, Account, Administering, Violation, Control, Commodity, Assets, Southern District, Customer, Injunction, Securities, Bank Accounts, Broker, Commodity Exchange Act, Practices, District, Withdraw, Contract, Llc, E-futures, Possession, Custody, Restraining Order Freezing, United States, Warning Level, Marketplace, Protection, Floor, Wall Street, Charges, Thereunder, Provision, Authorites, Agents, Finances, Purposes , ContentID: 120255099

Case Documents
1   ORDER
[ see first page and extracted highlights below  ] ItemID: 132362
9 pages
PDF
2 2003-02-28 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 132361
8 pages
PDF
Total Documents: 2 documents , 17 pages
Price: $ 24.95


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1 . ORDER

EXTRACTED KEY WORDS
FUTURES TRADING COMMISSION
COURT
ACCOUNT
CONTROL
COMMODITY
ASSETS
YORK
SOUTHERN DISTRICT
BUSINESS
INJUNCTION
BANK ACCOUNTS
POSSESSION
CUSTODY
RESTRAINING ORDER FREEZING
UNITED STATES
AGENTS
FINANCES
PURPOSES
MEMORANDUM
IMMEDIATE
EVIDENCE
STATUTORY
SECURITIES
CONSENT
THERETO
DISCLOSE
AUTHORITY
MATTER
LAW
RPR  09     2003        10:02         FR  CFTC                                                TO   




                                                                                                   

       UNITED  STATES  DISTRICT  COURT
       SOUTHERN  DISTRICT  OF NEW  YORK
       ----I-----------_--_______________II____--
                                                                        _
                                                                      03 cv  fig2gi!i
       Commodity  Futures Trading Commission,                               :

                                                   PiZliIlti&
                                                                            .
                                                                            .     03 CIV
                                          V.

       U.S.  Securities &  Futures Corp.

                                                   Defendant.

       --------------------_----------_--_-----m--x


            Statutory  Restraining  Order  Freezing  Assets, Prohibiting  the Destruction  of
       Permitting  the Commission  Immediate  Access to Review  Records, and Ordering  Defendant
                             to Show  Cause Why  a Preliminary  Injunction  Should  Not  Be Granted


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

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

       of the  Commodity  Exchange Act,  as amended ("Act"),  7 U.S.C.  §13a-1 (I994),  for  a

      restraining  order freezing  assets, and ordering the Defendant to show  cause why  a

      injunction  should no? be issued.  The Court has considered the pleadings, declarations,

      and memorandum  filed  in  support of the Commission's  motion  and now  being filly  advised

      the promises  finds that:  '

                     (1)          this  Court has jurisdiction  over the subject matter  of  this 

                                  the Act,  7 U.S.C.  §13a-1 (1994), authorizes exparte  relief;

SNIPPETS:
  • UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
  • Statutory Restraining Order Freezing Assets, Prohibiting the Destruction of Evidence,
  • complaint for permanent injunction and other relief; and moved exparte,
  • of the Commodity Exchange Act, as amended, 7 U.S.C. §13a-1, for a statutory
  • For the purposes of this Order,
  • brokerage institution, business entity, or person that holds, controls, or maintains custody
  • account or asset titled in the name of, held for the benefit of, or otherwise under the
  • the Defendant, or has held, controlled, or maintained custody of any such account or asset of
  • `IT IS FURTHER ORDERED that within five business days following the service
  • finances of the Defendant.
  • allowed to inspect the books, records, and other documents of the Defendant and its agents
  • wherever they may be situated and whether they are in the possession of the
  • Commodity Futures Trading Commission, 140 Broadway, 191h Floor, New York, New York
  • Should any party wish to file a memorandum of law or other papers concerning the
  • to disclose all information and deliver copies of all documents of every nature in
  • your possession or control which relate to said bank accounts to any attorney of the Commodity
  • Futures Trading Commission, and to give evidence relevant thereto, in the matter of Commodity
  • U.S. Securities COID., now pending before the United States
  • District Court for the Southern District of New York, and this shall be irrevocable authority
  • which restrict or prohibit the disclosure of bank information without the consent of the

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    COMMISSION
    ACT
    FCM
    REGULATION
    WARNING
    YORK
    ADMINISTERING
    VIOLATION
    CUSTOMER
    BROKER
    COMMODITY EXCHANGE ACT
    PRACTICES
    DISTRICT
    WITHDRAW
    CONTRACT
    LLC
    E-FUTURES
    WARNING LEVEL
    MARKETPLACE
    PROTECTION
    SECURITIES
    FLOOR
    WALL STREET
    CHARGES
    BUSINESS
    THEREUNDER
    PROVISION
    AUTHORITES
    DEFENDANT
    
    APR     09      2003       10:02        FR  CFTC                                                   
    P.02
    
    
    
    
    
                   UNITED  STATES  DISTRICT  COURT
                   SOUTHEIW  DISTRICT  OF NEW  YORK                                                    
                   -----------___--_-_-------------------------------------------          a
    
                   Commodity  Futures  Trading  Commission,                                       :    
    
                                                               Plaintiff,
                                                                                                       
                                                                                                       
                                                    V.                                                 
                                                                                                       
                   U.S. Securities  &  Futures  Corp.                                                  
                                                                                                       
                                                                Defendant.                             
                                                                                                       
                                                                                                       
    
    
    
    
                                                                                           I.
    
                                                                                      SUMMARY
    
                               1.        From  at  least  February  28,  2003  to  the  present, 
    
                   Futures  Corp.,  has  fallen  below  the  adjusted  net  capital  requirements  it 
    
                   doing  business  as a  futures  commission  merchant  (`KM")                        
    
                   Futures  Trading  Commission  ("Commission").                             Within 
    
                   triggered  the  FCM  early  warning  requirements  and dangerously  depleted  its 
    
                   With  these  practices,  the  defendant  has violated  Section  4f(b)  of  the 
    
                   7 U.S.C.  9 6f(b)  (2002),  and Commission  Regulation  1.17(a),  17 C.F.R,  0
    
    
     FiPR  09      2083      18:02       FR  CFTC                                                   TO 
    
    
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • triggered the FCM early warning requirements and dangerously depleted its required assets.
  • With these practices, the defendant has violated Section 4fof the Commodity Exchange Act,
  • Commission Regulation 1.17{1) requires that each &on
  • which authorites the Commission to seek injunctive relief against any
  • in any act or practice constituting a violation of any provision of the Act or any rule,
  • regulatory agency that is charged with responsibility for administering and enforcing the
  • $$ 1 et seq,, and the Regulations promulgated thereunder,
  • maintains its principal place of business at 100 Wall Street, 22nd Floor, New York, New York
  • Since October 18, 1994, USSFC has been registered with the Commission as a FCM.
  • USSFC is also registered with the Securities and Exchange Commission as a securities
  • The early warning capital requirements are intended to ensure customer protection
  • and the financial stability of the marketplace, The early warning notice requirement for USSFC
  • the firm was again below the early warning level.
  • an introducing broker.
  • E-Futures, LLC maintains offices at 100 Wall Street, 22"d Floor, New
  • persons of USSFC are also registered as APs of E-Futures, LLC.
  • contract market and requiring all contract markets to refuse it trading privileges,
  • administrative charges were pending.
  • Having not been permitted to withdraw its registration legally as a FCM,
  •    |