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Case Summary

MARK STEPHEN WOLFKIEL NFA 04BCC00019 NFA ID: 0269184

Respondent/Effective Date Summary
 NFA IDRespondentEffective Date
 0272988CHAMBERS, KIRK FRANCIS04/19/2005
 0221434ERBER, TIMOTHY PATRICK04/19/2005
 0298891GUERRERO, RICHARD MATHEW04/19/2005
 0326128LAGUNA CAPITAL MANAGEMENT LLC04/19/2005
 0284189ROCHA, DAVID JOSEPH04/19/2005
 0269184WOLFKIEL, MARK STEPHEN04/19/2005
Rule Summary
 NFA IDRespondentRule Type
 0272988CHAMBERS, KIRK FRANCIS• C.R.2-9 - SUPERVISION OF EMPLOYEES
 0221434ERBER, TIMOTHY PATRICK• C.R.2-9 - SUPERVISION OF EMPLOYEES
 0298891GUERRERO, RICHARD MATHEW• C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS
  • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB.
 0326128LAGUNA CAPITAL MANAGEMENT LLC• C.R.2-9 - SUPERVISION OF EMPLOYEES
  • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB.
  • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS
 0284189ROCHA, DAVID JOSEPH• C.R.2-9 - SUPERVISION OF EMPLOYEES
 0269184WOLFKIEL, MARK STEPHEN• C.R.2-9 - SUPERVISION OF EMPLOYEES
Committee Summary
 NFA IDRespondentCommittee
 0272988CHAMBERS, KIRK FRANCIS• BUSINESS CONDUCT COMMITTEE
 0221434ERBER, TIMOTHY PATRICK• BUSINESS CONDUCT COMMITTEE
 0298891GUERRERO, RICHARD MATHEW• BUSINESS CONDUCT COMMITTEE
 0326128LAGUNA CAPITAL MANAGEMENT LLC• BUSINESS CONDUCT COMMITTEE
 0284189ROCHA, DAVID JOSEPH• BUSINESS CONDUCT COMMITTEE
 0269184WOLFKIEL, MARK STEPHEN• BUSINESS CONDUCT COMMITTEE
Action Summary
 NFA IDRespondentAction Types
 0272988CHAMBERS, KIRK FRANCIS• GENERAL CONDUCT
 0221434ERBER, TIMOTHY PATRICK• GENERAL CONDUCT
 0298891GUERRERO, RICHARD MATHEW• SALES PRACTICE
 0326128LAGUNA CAPITAL MANAGEMENT LLC• GENERAL CONDUCT
  • SALES PRACTICE
 0284189ROCHA, DAVID JOSEPH• GENERAL CONDUCT
 0269184WOLFKIEL, MARK STEPHEN• GENERAL CONDUCT
Penalty/Event Summary
 NFA IDRespondentPenalty/EventEvent Date
 0272988CHAMBERS, KIRK FRANCIS• REQUIRED TO TAPE RECORD 1 YRS04/04/2005
  • FINE $500004/04/2005
 0221434ERBER, TIMOTHY PATRICK• REQUIRED TO TAPE RECORD 18 MTHS04/04/2005
  • FINE $850004/04/2005
 0298891GUERRERO, RICHARD MATHEW• FINE $500004/04/2005
  • REQUIRED TO TAPE RECORD 6 MTHS04/04/2005
 0326128LAGUNA CAPITAL MANAGEMENT LLC• TEMPORARY WITHDRAWAL FROM NFA MEMBERSHIP 1 YRS04/04/2005
 0284189ROCHA, DAVID JOSEPH• REQUIRED TO TAPE RECORD 18 MTHS04/04/2005
  • TEMPORARY WITHDRAWAL FROM NFA MEMBERSHIP 1 YRS04/04/2005
 0269184WOLFKIEL, MARK STEPHEN• FINE $850004/04/2005
  • REQUIRED TO TAPE RECORD 18 MTHS04/04/2005
Narrative Summary
Narrative for 0272988 - CHAMBERS, KIRK FRANCIS
COMPLAINT -

On December 30, 2004, NFA issued a Complaint charging Laguna, Wolfkiel, Erber, Rocha and Chambers with failure to tape record conversations with customers or submit promotional material prior to first use, as required by NFA's Enhanced Supervisory Requirements. The Complaint charged Laguna and Guerrero with making deceptive and misleading sales solicitations to prospective customers. To view Complaint, go to Case Documents. For copies of Complaint, contact NFA.

DECISION:

On April 4, 2005, Laguna was ordered to withdraw from NFA membership and not reapply for NFA membership for one year. Rocha was ordered to withdraw from NFA associate membership and principal status; not reapply for NFA membership or associate membership or act as a principal of an NFA Member for one year; and if, after the expiration of the one-year period, Rocha again becomes a principal of an NFA Member, cause any Member of which he is a principal to tape record all conversations between its APs and existing and prospective customers. Erber and Wolkiel were ordered to pay an $8,500 fine. Chambers was ordered to pay a $5,000 fine. Erber, Wolfkiel and Chambers were ordered to cause any Member of which he is a principal to tape record all conversations between its APs and existing and prospective customers. Erber and Wolfkiel are subject to the taping obligation for eighteen months and Chambers is subject to the taping obligation for one year. Guerrero was ordered to pay a $5,000 fine and tape record all conversations between himeself and existing and prospective customers for six months. To view Decision, go to Case Documents. For a copy of Decision, contact NFA.

 
Narrative for 0221434 - ERBER, TIMOTHY PATRICK
COMPLAINT -

On December 30, 2004, NFA issued a Complaint charging Laguna, Wolfkiel, Erber, Rocha and Chambers with failure to tape record conversations with customers or submit promotional material prior to first use, as required by NFA's Enhanced Supervisory Requirements. The Complaint charged Laguna and Guerrero with making deceptive and misleading sales solicitations to prospective customers. To view Complaint, go to Case Documents. For copies of Complaint, contact NFA.

DECISION:

On April 4, 2005, Laguna was ordered to withdraw from NFA membership and not reapply for NFA membership for one year. Rocha was ordered to withdraw from NFA associate membership and principal status; not reapply for NFA membership or associate membership or act as a principal of an NFA Member for one year; and if, after the expiration of the one-year period, Rocha again becomes a principal of an NFA Member, cause any Member of which he is a principal to tape record all conversations between its APs and existing and prospective customers. Erber and Wolkiel were ordered to pay an $8,500 fine. Chambers was ordered to pay a $5,000 fine. Erber, Wolfkiel and Chambers were ordered to cause any Member of which he is a principal to tape record all conversations between its APs and existing and prospective customers. Erber and Wolfkiel are subject to the taping obligation for eighteen months and Chambers is subject to the taping obligation for one year. Guerrero was ordered to pay a $5,000 fine and tape record all conversations between himeself and existing and prospective customers for six months. To view Decision, go to Case Documents. For a copy of Decision, contact NFA.

 
Narrative for 0298891 - GUERRERO, RICHARD MATHEW
COMPLAINT -

On December 30, 2004, NFA issued a Complaint charging Laguna, Wolfkiel, Erber, Rocha and Chambers with failure to tape record conversations with customers or submit promotional material prior to first use, as required by NFA's Enhanced Supervisory Requirements. The Complaint charged Laguna and Guerrero with making deceptive and misleading sales solicitations to prospective customers. To view Complaint, go to Case Documents. For copies of Complaint, contact NFA.

DECISION:

On April 4, 2005, Laguna was ordered to withdraw from NFA membership and not reapply for NFA membership for one year. Rocha was ordered to withdraw from NFA associate membership and principal status; not reapply for NFA membership or associate membership or act as a principal of an NFA Member for one year; and if, after the expiration of the one-year period, Rocha again becomes a principal of an NFA Member, cause any Member of which he is a principal to tape record all conversations between its APs and existing and prospective customers. Erber and Wolkiel were ordered to pay an $8,500 fine. Chambers was ordered to pay a $5,000 fine. Erber, Wolfkiel and Chambers were ordered to cause any Member of which he is a principal to tape record all conversations between its APs and existing and prospective customers. Erber and Wolfkiel are subject to the taping obligation for eighteen months and Chambers is subject to the taping obligation for one year. Guerrero was ordered to pay a $5,000 fine and tape record all conversations between himeself and existing and prospective customers for six months. To view Decision, go to Case Documents. For a copy of Decision, contact NFA.

 
Narrative for 0326128 - LAGUNA CAPITAL MANAGEMENT LLC
COMPLAINT -

On December 30, 2004, NFA issued a Complaint charging Laguna, Wolfkiel, Erber, Rocha and Chambers with failure to tape record conversations with customers or submit promotional material prior to first use, as required by NFA's Enhanced Supervisory Requirements. The Complaint charged Laguna and Guerrero with making deceptive and misleading sales solicitations to prospective customers. To view Complaint, go to Case Documents. For copies of Complaint, contact NFA.

DECISION:

On April 4, 2005, Laguna was ordered to withdraw from NFA membership and not reapply for NFA membership for one year. Rocha was ordered to withdraw from NFA associate membership and principal status; not reapply for NFA membership or associate membership or act as a principal of an NFA Member for one year; and if, after the expiration of the one-year period, Rocha again becomes a principal of an NFA Member, cause any Member of which he is a principal to tape record all conversations between its APs and existing and prospective customers. Erber and Wolkiel were ordered to pay an $8,500 fine. Chambers was ordered to pay a $5,000 fine. Erber, Wolfkiel and Chambers were ordered to cause any Member of which he is a principal to tape record all conversations between its APs and existing and prospective customers. Erber and Wolfkiel are subject to the taping obligation for eighteen months and Chambers is subject to the taping obligation for one year. Guerrero was ordered to pay a $5,000 fine and tape record all conversations between himeself and existing and prospective customers for six months. To view Decision, go to Case Documents. For a copy of Decision, contact NFA.

 
Narrative for 0284189 - ROCHA, DAVID JOSEPH
COMPLAINT -

On December 30, 2004, NFA issued a Complaint charging Laguna, Wolfkiel, Erber, Rocha and Chambers with failure to tape record conversations with customers or submit promotional material prior to first use, as required by NFA's Enhanced Supervisory Requirements. The Complaint charged Laguna and Guerrero with making deceptive and misleading sales solicitations to prospective customers. To view Complaint, go to Case Documents. For copies of Complaint, contact NFA.

DECISION:

On April 4, 2005, Laguna was ordered to withdraw from NFA membership and not reapply for NFA membership for one year. Rocha was ordered to withdraw from NFA associate membership and principal status; not reapply for NFA membership or associate membership or act as a principal of an NFA Member for one year; and if, after the expiration of the one-year period, Rocha again becomes a principal of an NFA Member, cause any Member of which he is a principal to tape record all conversations between its APs and existing and prospective customers. Erber and Wolkiel were ordered to pay an $8,500 fine. Chambers was ordered to pay a $5,000 fine. Erber, Wolfkiel and Chambers were ordered to cause any Member of which he is a principal to tape record all conversations between its APs and existing and prospective customers. Erber and Wolfkiel are subject to the taping obligation for eighteen months and Chambers is subject to the taping obligation for one year. Guerrero was ordered to pay a $5,000 fine and tape record all conversations between himeself and existing and prospective customers for six months. To view Decision, go to Case Documents. For a copy of Decision, contact NFA.

 
Narrative for 0269184 - WOLFKIEL, MARK STEPHEN
COMPLAINT -

On December 30, 2004, NFA issued a Complaint charging Laguna, Wolfkiel, Erber, Rocha and Chambers with failure to tape record conversations with customers or submit promotional material prior to first use, as required by NFA's Enhanced Supervisory Requirements. The Complaint charged Laguna and Guerrero with making deceptive and misleading sales solicitations to prospective customers. To view Complaint, go to Case Documents. For copies of Complaint, contact NFA.

DECISION:

On April 4, 2005, Laguna was ordered to withdraw from NFA membership and not reapply for NFA membership for one year. Rocha was ordered to withdraw from NFA associate membership and principal status; not reapply for NFA membership or associate membership or act as a principal of an NFA Member for one year; and if, after the expiration of the one-year period, Rocha again becomes a principal of an NFA Member, cause any Member of which he is a principal to tape record all conversations between its APs and existing and prospective customers. Erber and Wolkiel were ordered to pay an $8,500 fine. Chambers was ordered to pay a $5,000 fine. Erber, Wolfkiel and Chambers were ordered to cause any Member of which he is a principal to tape record all conversations between its APs and existing and prospective customers. Erber and Wolfkiel are subject to the taping obligation for eighteen months and Chambers is subject to the taping obligation for one year. Guerrero was ordered to pay a $5,000 fine and tape record all conversations between himeself and existing and prospective customers for six months. To view Decision, go to Case Documents. For a copy of Decision, contact NFA.

 
Case Documents Summary
 NFA IDRespondentDocument Type
 0272988CHAMBERS, KIRK FRANCISCOMPLAINT
 0272988CHAMBERS, KIRK FRANCISDECISION
 0221434ERBER, TIMOTHY PATRICKCOMPLAINT
 0221434ERBER, TIMOTHY PATRICKDECISION
 0298891GUERRERO, RICHARD MATHEWCOMPLAINT
 0298891GUERRERO, RICHARD MATHEWDECISION
 0326128LAGUNA CAPITAL MANAGEMENT LLCCOMPLAINT
 0326128LAGUNA CAPITAL MANAGEMENT LLCDECISION
 0284189ROCHA, DAVID JOSEPHCOMPLAINT
 0284189ROCHA, DAVID JOSEPHDECISION
 0269184WOLFKIEL, MARK STEPHENCOMPLAINT
 0269184WOLFKIEL, MARK STEPHENDECISION
 
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