Case Summary

COMPLAINT:

On February 6, 2008, NFA issued a Complaint charging NTC, DiTullio and Martinez with making deceptive and misleading sales solicitations. The Complaint also charged NTC and Wilson with failing to diligently supervise employees and agents in the conduct of their commodity futures activities.

ANSWER:

On March 20, 2008, NTC, Wilson, DiTullio and Martinez filed an Answer to the Complaint in which they denied the material allegations contained therein.

DECISION:

On September 16, 2008, DiTullio was barred from NFA membership, associate membership or principal status with any NFA Member for six months. DiTullio was ordered to tape record any and all conversations with customers or prospective customers for six months. In addition, DiTullio must cause any and all APs sponsored by an Member of which he is a principal to tape record any and all conversations with customers or prospective customers during that period. DiTullio must promptly produce any and all recordings to NFA in a manner in which the participants and dates of the conversations can be readily identified. Only periods during which DiTullio is an NFA Member or a principal or an Associate of an NFA Member will be counted.

Should DiTullio be granted NFA membership, associate membership or principal status with any NFA Member following the expiration of his six-month bar, DiTullio was ordered to pay a $5,000 fine to NFA, due and payable thirty days after he is granted NFA membership, associate membership or principal status with any NFA Member.

COMPLAINT:

On February 6, 2008, NFA issued a Complaint charging NTC, DiTullio and Martinez with making deceptive and misleading sales solicitations. The Complaint also charged NTC and Wilson with failing to diligently supervise employees and agents in the conduct of their commodity futures activities.

ANSWER:

On March 20, 2008, NTC, Wilson, DiTullio and Martinez filed an Answer to the Complaint in which they denied the material allegations contained therein.

DECISION:

On September 16, 2008, Martinez was barred from NFA membership, associate membership or principal status with any NFA Member for ninety days beginning on November 1, 2008. Martinez was ordered to tape record any and all conversations with customers or prospective customers for six months. In addition, Martinez must cause any and all APs sponsored by an Member of which he is a principal to tape record any and all conversations with customers or prospective customers during that period. Martinez must promptly produce any and all recordings to NFA in a manner in which the participants and dates of the conversations can be readily identified. Only periods during which Martinez is an NFA Member or a principal or an Associate of an NFA Member will be counted.

Should Martinez be granted NFA membership, associate membership or principal status with any NFA Member following the expiration of his ninety-day bar, Martinez was ordered to pay a $5,000 fine to NFA, due and payable as follows: an initial payment of $1,500 within 30 days of being granted NFA membership, associate membership or principal status with any NFA Member and five additional payments of $700 each due 30, 60, 90, 120 and 150 days after the intial payment.

COMPLAINT:

On February 6, 2008, NFA issued a Complaint charging NTC, DiTullio and Martinez with making deceptive and misleading sales solicitations. The Complaint also charged NTC and Wilson with failing to diligently supervise employees and agents in the conduct of their commodity futures activities.

ANSWER:

On March 20, 2008, NTC, Wilson, DiTullio and Martinez filed an Answer to the Complaint in which they denied the material allegations contained therein.

DECISION:

On September 16, 2008, NTC and Wilson were ordered to be jointly and severally liable to pay a $35,000 fine within ninety days. Beginning November 1, 2008, all APs of NTC must tape record any and all conversations with customers or prospective customers for six months. In addition, Wilson was ordered to cause any and all APs sponsored by any Member of whioh he is a principal to tape record any and all conversations with customers or prospective customers. NTC and Wilson must promptly produce any and all recordings to NFA in a manner in which the participants and dates of the conversations can be readily identified. Only periods during which NTC and Wilson are NFA Members or principals or Associates of an NFA Member will be counted.

COMPLAINT:

On February 6, 2008, NFA issued a Complaint charging NTC, DiTullio and Martinez with making deceptive and misleading sales solicitations. The Complaint also charged NTC and Wilson with failing to diligently supervise employees and agents in the conduct of their commodity futures activities.

ANSWER:

On March 20, 2008, NTC, Wilson, DiTullio and Martinez filed an Answer to the Complaint in which they denied the material allegations contained therein.

DECISION:

On September 16, 2008, NTC and Wilson were ordered to be jointly and severally liable to pay a $35,000 fine within ninety days. Beginning November 1, 2008, all APs of NTC must tape record any and all conversations with customers or prospective customers for six months. In addition, Wilson was ordered to cause any and all APs sponsored by any Member of whioh he is a principal to tape record any and all conversations with customers or prospective customers. NTC and Wilson must promptly produce any and all recordings to NFA in a manner in which the participants and dates of the conversations can be readily identified. Only periods during which NTC and Wilson are NFA Members or principals or Associates of an NFA Member will be counted.