| ROBERT FRANCIS ALLEN |
NFA 06BCC00035 |
NFA ID: 0314459 |
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| 0314459 | ALLEN, ROBERT FRANCIS | 02/27/2007 | | 0265451 | ANTHONY JOHN COLUMBO INC | 07/11/2007 | | 0339884 | BERKOWITZ, MICHAEL | 04/26/2007 | | 0036733 | COLUMBO, ANTHONY JOHN | 07/11/2007 | | 0297276 | KRAMER, JON RICHARD | 04/26/2007 |
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| 0314459 | ALLEN, ROBERT FRANCIS | • 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 | | 0265451 | ANTHONY JOHN COLUMBO INC | • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS | | | | • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB. | | | | • C.R.2-9(a) - SUPERVISION OF EMPLOYEES | | | | • C.R.2-29(a)(2) - HIGH PRESSURE COMM. PROHIBITED | | 0339884 | BERKOWITZ, MICHAEL | • 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 | | 0036733 | COLUMBO, ANTHONY JOHN | • C.R.2-9(a) - SUPERVISION OF EMPLOYEES | | | | • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS | | | | • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB. | | 0297276 | KRAMER, JON RICHARD | • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS | | | | • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB. |
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| 0314459 | ALLEN, ROBERT FRANCIS | • BUSINESS CONDUCT COMMITTEE | | 0265451 | ANTHONY JOHN COLUMBO INC | • BUSINESS CONDUCT COMMITTEE | | | | • HEARING COMMITTEE | | 0339884 | BERKOWITZ, MICHAEL | • BUSINESS CONDUCT COMMITTEE | | | | • HEARING COMMITTEE | | 0036733 | COLUMBO, ANTHONY JOHN | • HEARING COMMITTEE | | | | • BUSINESS CONDUCT COMMITTEE | | 0297276 | KRAMER, JON RICHARD | • HEARING COMMITTEE | | | | • BUSINESS CONDUCT COMMITTEE |
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| 0314459 | ALLEN, ROBERT FRANCIS | • SALES PRACTICE | | 0265451 | ANTHONY JOHN COLUMBO INC | • SALES PRACTICE | | | | • GENERAL CONDUCT | | 0339884 | BERKOWITZ, MICHAEL | • SALES PRACTICE | | 0036733 | COLUMBO, ANTHONY JOHN | • GENERAL CONDUCT | | | | • SALES PRACTICE | | 0297276 | KRAMER, JON RICHARD | • SALES PRACTICE |
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| 0314459 | ALLEN, ROBERT FRANCIS | • FINE $10000 | 02/12/2007 | | | | • REQUIRED TO TAPE RECORD 1 YRS | 02/12/2007 | | | | • TEMPORARY BAR FROM NFA ASSOCIATE MEMBERSHIP 5 YRS | 02/12/2007 | | | | • TEMPORARY BAR FROM NFA MEMBERSHIP 5 YRS | 02/12/2007 | | | | • TEMPORARY BAR FROM PRINCIPAL STATUS 5 YRS | 02/12/2007 | | 0265451 | ANTHONY JOHN COLUMBO INC | • TEMPORARY BAR FROM PRINCIPAL STATUS 12 MTHS | 06/26/2007 | | | | • TEMPORARY BAR FROM NFA MEMBERSHIP 12 MTHS | 06/26/2007 | | 0339884 | BERKOWITZ, MICHAEL | • PERMANENT BAR FROM NFA ASSOCIATE MEMBERSHIP | 04/11/2007 | | | | • PERMANENT BAR FROM NFA MEMBERSHIP | 04/11/2007 | | 0036733 | COLUMBO, ANTHONY JOHN | • TEMPORARY BAR FROM NFA MEMBERSHIP 12 MTHS | 06/26/2007 | | | | • TEMPORARY BAR FROM PRINCIPAL STATUS 12 MTHS | 06/26/2007 | | | | • TEMPORARY BAR FROM NFA ASSOCIATE MEMBERSHIP 12 MTHS | 06/26/2007 | | | | • FINE $12000 | 06/26/2007 | | | | • REQUIRED TO TAPE RECORD 6 MTHS | 06/26/2007 | | 0297276 | KRAMER, JON RICHARD | • TEMPORARY BAR FROM NFA MEMBERSHIP 1 YRS | 04/11/2007 | | | | • TEMPORARY BAR FROM NFA ASSOCIATE MEMBERSHIP 1 YRS | 04/11/2007 | | | | • REQUIRED TO TAPE RECORD 1 YRS | 04/11/2007 | | | | • TEMPORARY BAR FROM PRINCIPAL STATUS 1 YRS | 04/11/2007 |
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| **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. | | | |
| **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. | | | |
| **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. | | | |
| **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. | | | |
| **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. | | |
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