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Case Summary

INVESTOR ONE FINANCIAL CORP NFA 05BCC00009 NFA ID: 0307479

Respondent/Effective Date Summary
 NFA IDRespondentEffective Date
 0241038BATLLE, MAURICIO ALFONSO05/05/2006
 0337695GANDY, CAREY ORLANDO11/07/2005
 0307479INVESTOR ONE FINANCIAL CORP05/05/2006
 0340277TAMIMI, EDWARD05/05/2006
Rule Summary
 NFA IDRespondentRule Type
 0241038BATLLE, MAURICIO ALFONSO• C.R.2-9(a) - SUPERVISION OF EMPLOYEES
  • C.R.2-29(a)(2) - HIGH PRESSURE COMM. PROHIBITED
  • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS
  • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB.
 0337695GANDY, CAREY ORLANDO• C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS
  • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB.
 0307479INVESTOR ONE FINANCIAL CORP• 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.
  • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS
  • C.R.2-4 - HIGH STDS. OF COMMERCIAL HONOR
 0340277TAMIMI, EDWARD• C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS
  • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB.
  • C.R.2-29(a)(2) - HIGH PRESSURE COMM. PROHIBITED
  • C.R.2-4 - HIGH STDS. OF COMMERCIAL HONOR
Committee Summary
 NFA IDRespondentCommittee
 0241038BATLLE, MAURICIO ALFONSO• HEARING COMMITTEE
  • BUSINESS CONDUCT COMMITTEE
 0337695GANDY, CAREY ORLANDO• BUSINESS CONDUCT COMMITTEE
 0307479INVESTOR ONE FINANCIAL CORP• BUSINESS CONDUCT COMMITTEE
  • HEARING COMMITTEE
 0340277TAMIMI, EDWARD• BUSINESS CONDUCT COMMITTEE
  • HEARING COMMITTEE
Action Summary
 NFA IDRespondentAction Types
 0241038BATLLE, MAURICIO ALFONSO• SALES PRACTICE
  • GENERAL CONDUCT
 0337695GANDY, CAREY ORLANDO• SALES PRACTICE
 0307479INVESTOR ONE FINANCIAL CORP• GENERAL CONDUCT
  • SALES PRACTICE
 0340277TAMIMI, EDWARD• GENERAL CONDUCT
  • SALES PRACTICE
Penalty/Event Summary
 NFA IDRespondentPenalty/EventEvent Date
 0241038BATLLE, MAURICIO ALFONSO• FINE $750004/20/2006
  • REQUIRED TO TAPE RECORD 6 MTHS04/20/2006
  • SUSPENDED FROM MEMBERSHIP 6 MTHS04/20/2006
 0337695GANDY, CAREY ORLANDO• FINE $250010/21/2005
  • TEMPORARY BAR FROM NFA MEMBERSHIP 6 MTHS10/21/2005
  • REQUIRED TO TAPE RECORD 6 MTHS10/21/2005
 0307479INVESTOR ONE FINANCIAL CORP• PERMANENT BAR FROM NFA MEMBERSHIP04/20/2006
 0340277TAMIMI, EDWARD• REQUIRED TO TAPE RECORD 6 MTHS04/20/2006
  • TEMPORARY BAR FROM NFA MEMBERSHIP 6 MTHS04/20/2006
Narrative Summary
Narrative for 0241038 - BATLLE, MAURICIO ALFONSO
COMPLAINT -

On May 26, 2005, NFA issued a Complaint charging Investor One, Batlle, Tamimi and Gandy with making deceptive and misleading sales solicitations. In addition, the Complaint charged Investor One, Batlle and Tamimi with using a high- pressure approach. The Complaint charged Investor One and Tamimi with failing to uphold high standards of commercial honor and just and equitable principles of trade. The Complaint also charged Investor One and Batlle with failing to diligently supervise employees and agents in the conduct of their commodity futures activities. To view complaint, go to Case Documents. For a copy of the Complaint, contact NFA.

ANSWER -

On August 1, 2005, Investor One and Batlle filed an Answer to the Complaint in which they denied the material allegations contained therein. To view Answer, go to Case Documents.

DECISION -

On April 20, 2006, Investor One was permanently barred from NFA membership and from acting as a principal of an NFA Member. Batlle was ordered to pay a $7,500 fine and was suspended from NFA membership and associate membership for six months, beginning on June 1, 2006. During the suspension, Batlle was ordered not to act in any capacity requiring registration, nor act as a principal of an NFA Member. Should Batlle again become an NFA Member or Associate following his suspension, 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 Batlle's suspension expires and he again becomes an NFA Member or Associate, and continue thereafter for six months. Only periods of time when Batlle is registered and actively soliciting customers, on a full-time basis, count toward the six-month taping period.

Should Batlle again become 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 converations that occur between them 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 applies to each and every firm of which Batlle becomes a principal and begin on the date that he becomes a principal of each firm, respectively. Only periods of time when Batlle is a principal of that particular firm and that firm is actively soliciting customers count toward the six-month taping period.

Tamimi was ordered not to apply for NFA membership or associate membership or act as a principal of an NFA Member for six months. If, after the expiration of the six-month membership bar, Tamimi is granted NFA membership or associate membership, or becomes a principal of an NFA Member, he must pay a $5,000 fine, due and payable thirty days after he is granted NFA membership or associate membership, or becomes a principal of an NFA Member.

Should Tamimi again become 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 Tamimi again becomes an NFA Member or Associate, and continue thereafter for six months. Only periods of time when Tamimi is registered and actively soliciting customers, on a full-time basis, count toward the six-month taping period.

Should Tamimi become 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 converations that occur between them 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 applies to each and every firm of which Tamimi becomes a principal and begin on the date that he becomes a principal of each firm, respectively. Only periods of time when Tamimi is a principal of that particular firm and that firm is actively soliciting customers count toward the six-month taping period.

To view Decision, go to Case Documents.

 
Narrative for 0337695 - GANDY, CAREY ORLANDO
COMPLAINT -

On May 26, 2005, NFA issued a Complaint charging Investor One, Batlle, Tamimi and Gandy with making deceptive and misleading sales solicitations. In addition, the Complaint charged Investor One, Batlle and Tamimi with using a high- pressure approach. The Complaint charged Investor One and Tamimi with failing to uphold high standards of commercial honor and just and equitable principles of trade. The Complaint also charged Investor One and Batlle with failing to diligently supervise employees and agents in the conduct of their commodity futures activities. To view complaint, go to Case Documents. For a copy of the Complaint, contact NFA.

DECISION -

On October 21, 2005, Gandy was barred from NFA membership, Associate membership and from being a principal of any NFA Member for six months; ordered to pay a $2,500 fine; and ordered to tape record all conversations with customers or prospective customers for six months and promptly produce any and all recordings to NFA. To view Decision, go to Case Documents. For a copy of Decision, contact NFA.

 
Narrative for 0307479 - INVESTOR ONE FINANCIAL CORP
COMPLAINT -

On May 26, 2005, NFA issued a Complaint charging Investor One, Batlle, Tamimi and Gandy with making deceptive and misleading sales solicitations. In addition, the Complaint charged Investor One, Batlle and Tamimi with using a high- pressure approach. The Complaint charged Investor One and Tamimi with failing to uphold high standards of commercial honor and just and equitable principles of trade. The Complaint also charged Investor One and Batlle with failing to diligently supervise employees and agents in the conduct of their commodity futures activities. To view complaint, go to Case Documents. For a copy of the Complaint, contact NFA.

ANSWER -

On August 1, 2005, Investor One and Batlle filed an Answer to the Complaint in which they denied the material allegations contained therein. To view Answer, go to Case Documents.

DECISION -

On April 20, 2006, Investor One was permanently barred from NFA membership and from acting as a principal of an NFA Member. Batlle was ordered to pay a $7,500 fine and was suspended from NFA membership and associate membership for six months, beginning on June 1, 2006. During the suspension, Batlle was ordered not to act in any capacity requiring registration, nor act as a principal of an NFA Member. Should Batlle again become an NFA Member or Associate following his suspension, 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 Batlle's suspension expires and he again becomes an NFA Member or Associate, and continue thereafter for six months. Only periods of time when Batlle is registered and actively soliciting customers, on a full-time basis, count toward the six-month taping period.

Should Batlle again become 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 converations that occur between them 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 applies to each and every firm of which Batlle becomes a principal and begin on the date that he becomes a principal of each firm, respectively. Only periods of time when Batlle is a principal of that particular firm and that firm is actively soliciting customers count toward the six-month taping period.

Tamimi was ordered not to apply for NFA membership or associate membership or act as a principal of an NFA Member for six months. If, after the expiration of the six-month membership bar, Tamimi is granted NFA membership or associate membership, or becomes a principal of an NFA Member, he must pay a $5,000 fine, due and payable thirty days after he is granted NFA membership or associate membership, or becomes a principal of an NFA Member.

Should Tamimi again become 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 Tamimi again becomes an NFA Member or Associate, and continue thereafter for six months. Only periods of time when Tamimi is registered and actively soliciting customers, on a full-time basis, count toward the six-month taping period.

Should Tamimi become 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 converations that occur between them 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 applies to each and every firm of which Tamimi becomes a principal and begin on the date that he becomes a principal of each firm, respectively. Only periods of time when Tamimi is a principal of that particular firm and that firm is actively soliciting customers count toward the six-month taping period.

To view Decision, go to Case Documents.

 
Narrative for 0340277 - TAMIMI, EDWARD
COMPLAINT -

On May 26, 2005, NFA issued a Complaint charging Investor One, Batlle, Tamimi and Gandy with making deceptive and misleading sales solicitations. In addition, the Complaint charged Investor One, Batlle and Tamimi with using a high- pressure approach. The Complaint charged Investor One and Tamimi with failing to uphold high standards of commercial honor and just and equitable principles of trade. The Complaint also charged Investor One and Batlle with failing to diligently supervise employees and agents in the conduct of their commodity futures activities. To view complaint, go to Case Documents. For a copy of the Complaint, contact NFA.

ANSWER -

On July 27, 2005, Tamimi filed an Answer to the Complaint in which he denied the material allegations contained therein. To view Answer, go to Case Documents.

DECISION -

On April 20, 2006, Investor One was permanently barred from NFA membership and from acting as a principal of an NFA Member. Batlle was ordered to pay a $7,500 fine and was suspended from NFA membership and associate membership for six months, beginning on June 1, 2006. During the suspension, Batlle was ordered not to act in any capacity requiring registration, nor act as a principal of an NFA Member. Should Batlle again become an NFA Member or Associate following his suspension, 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 Batlle's suspension expires and he again becomes an NFA Member or Associate, and continue thereafter for six months. Only periods of time when Batlle is registered and actively soliciting customers, on a full-time basis, count toward the six-month taping period.

Should Batlle again become 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 converations that occur between them 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 applies to each and every firm of which Batlle becomes a principal and begin on the date that he becomes a principal of each firm, respectively. Only periods of time when Batlle is a principal of that particular firm and that firm is actively soliciting customers count toward the six-month taping period.

Tamimi was ordered not to apply for NFA membership or associate membership or act as a principal of an NFA Member for six months. If, after the expiration of the six-month membership bar, Tamimi is granted NFA membership or associate membership, or becomes a principal of an NFA Member, he must pay a $5,000 fine, due and payable thirty days after he is granted NFA membership or associate membership, or becomes a principal of an NFA Member.

Should Tamimi again become 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 Tamimi again becomes an NFA Member or Associate, and continue thereafter for six months. Only periods of time when Tamimi is registered and actively soliciting customers, on a full-time basis, count toward the six-month taping period.

Should Tamimi become 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 converations that occur between them 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 applies to each and every firm of which Tamimi becomes a principal and begin on the date that he becomes a principal of each firm, respectively. Only periods of time when Tamimi is a principal of that particular firm and that firm is actively soliciting customers count toward the six-month taping period.

To view Decision, go to Case Documents.

 
Case Documents Summary
 NFA IDRespondentDocument Type
 0241038BATLLE, MAURICIO ALFONSOANSWER
 0241038BATLLE, MAURICIO ALFONSOCOMPLAINT
 0241038BATLLE, MAURICIO ALFONSODECISION
 0337695GANDY, CAREY ORLANDOCOMPLAINT
 0337695GANDY, CAREY ORLANDODECISION
 0307479INVESTOR ONE FINANCIAL CORPANSWER
 0307479INVESTOR ONE FINANCIAL CORPCOMPLAINT
 0307479INVESTOR ONE FINANCIAL CORPDECISION
 0340277TAMIMI, EDWARDANSWER
 0340277TAMIMI, EDWARDCOMPLAINT
 0340277TAMIMI, EDWARDDECISION
 
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