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Case Summary

ANTHONY JOHN COLUMBO INC NFA 06BCC00035 NFA ID: 0265451

Respondent/Effective Date Summary
 NFA IDRespondentEffective Date
 0314459ALLEN, ROBERT FRANCIS02/27/2007
 0265451ANTHONY JOHN COLUMBO INC07/11/2007
 0339884BERKOWITZ, MICHAEL04/26/2007
 0036733COLUMBO, ANTHONY JOHN07/11/2007
 0297276KRAMER, JON RICHARD04/26/2007
Rule Summary
 NFA IDRespondentRule Type
 0314459ALLEN, ROBERT FRANCIS• C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS
  • C.R.2-29(a)(2) - HIGH PRESSURE COMM. PROHIBITED
  • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB.
 0265451ANTHONY JOHN COLUMBO INC• C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS
  • C.R.2-9(a) - SUPERVISION OF EMPLOYEES
  • C.R.2-29(a)(2) - HIGH PRESSURE COMM. PROHIBITED
  • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB.
 0339884BERKOWITZ, MICHAEL• C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB.
  • C.R.2-29(a)(2) - HIGH PRESSURE COMM. PROHIBITED
  • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS
 0036733COLUMBO, ANTHONY JOHN• C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB.
  • C.R.2-9(a) - SUPERVISION OF EMPLOYEES
  • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS
 0297276KRAMER, JON RICHARD• C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB.
  • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS
Committee Summary
 NFA IDRespondentCommittee
 0314459ALLEN, ROBERT FRANCIS• BUSINESS CONDUCT COMMITTEE
 0265451ANTHONY JOHN COLUMBO INC• HEARING COMMITTEE
  • BUSINESS CONDUCT COMMITTEE
 0339884BERKOWITZ, MICHAEL• BUSINESS CONDUCT COMMITTEE
  • HEARING COMMITTEE
 0036733COLUMBO, ANTHONY JOHN• BUSINESS CONDUCT COMMITTEE
  • HEARING COMMITTEE
 0297276KRAMER, JON RICHARD• HEARING COMMITTEE
  • BUSINESS CONDUCT COMMITTEE
Action Summary
 NFA IDRespondentAction Types
 0314459ALLEN, ROBERT FRANCIS• SALES PRACTICE
 0265451ANTHONY JOHN COLUMBO INC• SALES PRACTICE
  • GENERAL CONDUCT
 0339884BERKOWITZ, MICHAEL• SALES PRACTICE
 0036733COLUMBO, ANTHONY JOHN• GENERAL CONDUCT
  • SALES PRACTICE
 0297276KRAMER, JON RICHARD• SALES PRACTICE
Penalty/Event Summary
 NFA IDRespondentPenalty/EventEvent Date
 0314459ALLEN, ROBERT FRANCIS• FINE $1000002/12/2007
  • TEMPORARY BAR FROM NFA MEMBERSHIP 5 YRS02/12/2007
  • REQUIRED TO TAPE RECORD 1 YRS02/12/2007
  • TEMPORARY BAR FROM PRINCIPAL STATUS 5 YRS02/12/2007
  • TEMPORARY BAR FROM NFA ASSOCIATE MEMBERSHIP 5 YRS02/12/2007
 0265451ANTHONY JOHN COLUMBO INC• TEMPORARY BAR FROM NFA MEMBERSHIP 12 MTHS06/26/2007
  • TEMPORARY BAR FROM PRINCIPAL STATUS 12 MTHS06/26/2007
 0339884BERKOWITZ, MICHAEL• PERMANENT BAR FROM NFA MEMBERSHIP04/11/2007
  • PERMANENT BAR FROM NFA ASSOCIATE MEMBERSHIP04/11/2007
 0036733COLUMBO, ANTHONY JOHN• TEMPORARY BAR FROM NFA ASSOCIATE MEMBERSHIP 12 MTHS06/26/2007
  • TEMPORARY BAR FROM PRINCIPAL STATUS 12 MTHS06/26/2007
  • REQUIRED TO TAPE RECORD 6 MTHS06/26/2007
  • TEMPORARY BAR FROM NFA MEMBERSHIP 12 MTHS06/26/2007
  • FINE $1200006/26/2007
 0297276KRAMER, JON RICHARD• TEMPORARY BAR FROM PRINCIPAL STATUS 1 YRS04/11/2007
  • REQUIRED TO TAPE RECORD 1 YRS04/11/2007
  • TEMPORARY BAR FROM NFA MEMBERSHIP 1 YRS04/11/2007
  • TEMPORARY BAR FROM NFA ASSOCIATE MEMBERSHIP 1 YRS04/11/2007
Narrative Summary
Narrative for 0314459 - ALLEN, ROBERT FRANCIS
**To view documents, go to Case Documents. For a copy of documents, contact NFA's Information Center.**

COMPLAINT -

On November 16, 2006, NFA issued a Complaint charging ACE, Allen, Kramer, Berkowitz and Columbo with making deceptive and misleading sales solicitations. The Complaint charged ACE, Allen and Berkowitz with making high-pressured sales solicitations. The Complaint also charged ACE and Columbo with failing to diligently supervise employees and agents in the conduct of their commodity futures activities.

DECISION -

On February 12, 2007, Allen was barred from NFA membership and associate membership and from being a principal of any NFA Member for five years. If, after expiration of the five-year membership bar, Allen again becomes an NFA Member or Associate, he was ordered to pay a $10,000 fine, due and payable within thirty days of the date he again becomes an NFA Member or Associate. If, after expiration of the five-year membership bar, Allen again becomes an NFA Member or Associate, he was ordered to tape record, for one year, all conversations that occur between himself and existing or potential customers; retain the tapes for one year from the date they are created; and make the tapes available to NFA upon request. The one-year taping requirement begins on the date that Allen again becomes an NFA Member or Associate and continues thereafter for one year. Only periods of time when Allen is registered and actively soliciting customers, on a full-time basis, will be counted.

 
Narrative for 0265451 - ANTHONY JOHN COLUMBO INC
**To view documents, go to Case Documents. For a copy of documents, contact NFA's Information Center.**

COMPLAINT -

On November 16, 2006, NFA issued a Complaint charging ACE, Allen, Kramer, Berkowitz and Columbo with making deceptive and misleading sales solicitations. The Complaint charged ACE, Allen and Berkowitz with making high-pressured sales solicitations. The Complaint also charged ACE and Columbo with failing to diligently supervise employees and agents in the conduct of their commodity futures activities.

ANSWER -

On February 16, 2007, ACE and Columbo filed an Answer to the Complaint in which they denied the material allegations contained therein.

DECISION -

On June 26, 2007 ACE and Columbo were ordered to withdraw from NFA membership and associate membership, respectively. ACE and Columbo were ordered not to reapply for NFA membership or associate membership or act as principals of an NFA Member for twelve months. During the twelve-month membership bar, ACE and Columbo may not act in any capacity requiring registration, nor act as a principal of an NFA Member; however, they may solicit retail forex business - and NFA Members may accept forex accounts solicited and referred by them - provided that ACE and Columbo do not act as a counterparty to forex transactions.

If after expiration of the twelve-month membership bar Columbo is granted NFA membership or associate membership, or becomes a principal of an NFA Member, he must pay a $12,000 fine to NFA.

If Columbo again becomes an NFA Member or Associate, he must tape record, for six months, all conversations between himself and existing or potential customers; retain the tapes for one year from the date they are created; and make the tapes available to NFA upon request. The six-month taping requirement begins on the date that Columbo again becomes an NFA Member or Associate and continues thereafter for six months. Only periods of time when Columbo is registered and actively soliciting customers on a full-time basis will be counted.

If Columbo becomes a principal of an NFA Member, he shall cause all APs of that firm - and any other firm of which he is a principal - to tape record, for six months, all conversations that occur between them and existing or potential customers, retain these tapes for one year from the date they are created; and make the tapes available to NFA upon request. The six-month taping requirement applies to each and every firm of which Columbo becomes a principal and commences on the date he becomes a principal of each firm, respectively. Only periods of time when Columbo is a principal of that particular firm and that firm is actively soliciting customers will be counted. In any and all events, these taping requirements expire on December 31, 2010.

In the event that ACE again becomes an NFA Member, it shall cause all of its APs to tape record, for six months, all conversations that occur between them and existing or potential customers; retain these tapes for one year from the date they are created; and make the tapes available to NFA upon request. Only periods of time when ACE is actively soliciting customers will be counted. In any and all events, these taping requirements expire on December 31, 2010.

 
Narrative for 0339884 - BERKOWITZ, MICHAEL
**To view documents, go to Case Documents. For a copy of documents, contact NFA's Information Center.**

COMPLAINT -

On November 16, 2006, NFA issued a Complaint charging ACE, Allen, Kramer, Berkowitz and Columbo with making deceptive and misleading sales solicitations. The Complaint charged ACE, Allen and Berkowitz with making high-pressured sales solicitations. The Complaint also charged ACE and Columbo with failing to diligently supervise employees and agents in the conduct of their commodity futures activities.

DECISION -

On April 11, 2007, Berkowitz was permanently barred from NFA membership and associate membership and prohibited from ever again applying to be an NFA Member or Associate, acting in any capacity requiring registration, or acting as a principal of an NFA Member.

 
Narrative for 0036733 - COLUMBO, ANTHONY JOHN
**To view documents, go to Case Documents. For a copy of documents, contact NFA's Information Center.**

COMPLAINT -

On November 16, 2006, NFA issued a Complaint charging ACE, Allen, Kramer, Berkowitz and Columbo with making deceptive and misleading sales solicitations. The Complaint charged ACE, Allen and Berkowitz with making high-pressured sales solicitations. The Complaint also charged ACE and Columbo with failing to diligently supervise employees and agents in the conduct of their commodity futures activities.

ANSWER -

On February 16, 2007, ACE and Columbo filed an Answer to the Complaint in which they denied the material allegations contained therein.

DECISION -

On June 26, 2007 ACE and Columbo were ordered to withdraw from NFA membership and associate membership, respectively. ACE and Columbo were ordered not to reapply for NFA membership or associate membership or act as principals of an NFA Member for twelve months. During the twelve-month membership bar, ACE and Columbo may not act in any capacity requiring registration, nor act as a principal of an NFA Member; however, they may solicit retail forex business - and NFA Members may accept forex accounts solicited and referred by them - provided that ACE and Columbo do not act as a counterparty to forex transactions.

If after expiration of the twelve-month membership bar Columbo is granted NFA membership or associate membership, or becomes a principal of an NFA Member, he must pay a $12,000 fine to NFA.

If Columbo again becomes an NFA Member or Associate, he must tape record, for six months, all conversations between himself and existing or potential customers; retain the tapes for one year from the date they are created; and make the tapes available to NFA upon request. The six-month taping requirement begins on the date that Columbo again becomes an NFA Member or Associate and continues thereafter for six months. Only periods of time when Columbo is registered and actively soliciting customers on a full-time basis will be counted.

If Columbo becomes a principal of an NFA Member, he shall cause all APs of that firm - and any other firm of which he is a principal - to tape record, for six months, all conversations that occur between them and existing or potential customers, retain these tapes for one year from the date they are created; and make the tapes available to NFA upon request. The six-month taping requirement applies to each and every firm of which Columbo becomes a principal and commences on the date he becomes a principal of each firm, respectively. Only periods of time when Columbo is a principal of that particular firm and that firm is actively soliciting customers will be counted. In any and all events, these taping requirements expire on December 31, 2010.

In the event that ACE again becomes an NFA Member, it shall cause all of its APs to tape record, for six months, all conversations that occur between them and existing or potential customers; retain these tapes for one year from the date they are created; and make the tapes available to NFA upon request. Only periods of time when ACE is actively soliciting customers will be counted. In any and all events, these taping requirements expire on December 31, 2010.

 
Narrative for 0297276 - KRAMER, JON RICHARD
**To view documents, go to Case Documents. For a copy of documents, contact NFA's Information Center.**

COMPLAINT -

On November 16, 2006, NFA issued a Complaint charging ACE, Allen, Kramer, Berkowitz and Columbo with making deceptive and misleading sales solicitations. The Complaint charged ACE, Allen and Berkowitz with making high-pressured sales solicitations. The Complaint also charged ACE and Columbo with failing to diligently supervise employees and agents in the conduct of their commodity futures activities.

DECISION -

On April 11, 2007, Kramer was ordered not to reapply for NFA membership for associate membership, or act as a principal of an NFA Member for one year.

After expiration of the one-year membership bar, if and when Kramer again becomes an NFA Member or Associate, he must tape record, for one year, all conversations between himself and existing or potential customers; retain the tapes for one year from the date they are created; and make the tapes available to NFA upon request. Only periods of time when he is registered and actively soliciting customers, on a full-time basis, will be counted.

 
Case Documents Summary
 NFA IDRespondentDocument Type
 0314459ALLEN, ROBERT FRANCISCOMPLAINT
 0314459ALLEN, ROBERT FRANCISDECISION
 0265451ANTHONY JOHN COLUMBO INCANSWER
 0265451ANTHONY JOHN COLUMBO INCCOMPLAINT
 0265451ANTHONY JOHN COLUMBO INCDECISION
 0339884BERKOWITZ, MICHAELCOMPLAINT
 0339884BERKOWITZ, MICHAELDECISION
 0036733COLUMBO, ANTHONY JOHNANSWER
 0036733COLUMBO, ANTHONY JOHNCOMPLAINT
 0036733COLUMBO, ANTHONY JOHNDECISION
 0297276KRAMER, JON RICHARDCOMPLAINT
 0297276KRAMER, JON RICHARDDECISION
 
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