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Case Summary

GFS FOREX & FUTURES INC NFA 09BCC00059 NFA ID: 0316995

Respondent/Effective Date Summary
 NFA IDRespondentEffective Date
 0396633CENSULLO, MATTHEW PAUL04/08/2010
 0316995GFS FOREX & FUTURES INC02/18/2010
 0370391HO, YUN LUN02/18/2010
Rule Summary
 NFA IDRespondentRule Type
 0396633CENSULLO, MATTHEW PAUL• C.R.2-36(b)(1) - CHEAT, DEFRAUD, DECEIVE FOREX CUSTOMERS
 0316995GFS FOREX & FUTURES INC• C.R.2-36(e) - FOREX DEALER MEMBERS SUPERVISION OF EMPLOYEES
  • C.R.2-36(b)(1) - CHEAT, DEFRAUD, DECEIVE FOREX CUSTOMERS
  • C.R.2-40 - BULK ASSIGNMENT OR LIQUIDATION OF FOREX POSITIONS; CESSATION OF CUSTOMER BUSINESS
 0370391HO, YUN LUN• C.R.2-36(e) - FOREX DEALER MEMBERS SUPERVISION OF EMPLOYEES
Committee Summary
 NFA IDRespondentCommittee
 0396633CENSULLO, MATTHEW PAUL• BUSINESS CONDUCT COMMITTEE
 0316995GFS FOREX & FUTURES INC• BUSINESS CONDUCT COMMITTEE
 0370391HO, YUN LUN• BUSINESS CONDUCT COMMITTEE
Action Summary
 NFA IDRespondentAction Types
 0396633CENSULLO, MATTHEW PAUL• SALES PRACTICE
 0316995GFS FOREX & FUTURES INC• GENERAL CONDUCT
  • SALES PRACTICE
 0370391HO, YUN LUN• GENERAL CONDUCT
Penalty/Event Summary
 NFA IDRespondentPenalty/EventEvent Date
 0396633CENSULLO, MATTHEW PAUL• TEMPORARY BAR FROM NFA MEMBERSHIP 5 YRS03/24/2010
  • TEMPORARY BAR FROM NFA ASSOCIATE MEMBERSHIP 5 YRS03/24/2010
  • FINE (CONTINGENT) $3500003/24/2010
  • TEMPORARY BAR FROM PRINCIPAL STATUS 5 YRS03/24/2010
 0316995GFS FOREX & FUTURES INC• FINE $3500002/03/2010
 0370391HO, YUN LUN• DISMISSED02/03/2010
Narrative Summary
Narrative for 0396633 - CENSULLO, MATTHEW PAUL
**TO VIEW DOCUMENTS, GO TO CASE DOCUMENTS. FOR A COPY OF DOCUMENTS, CONTACT NFA'S INFORMATION CENTER.**

COMPLAINT:

On December 16, 2009, NFA issued a Complaint charging GFS with failure to provide NFA with a copy of a notice to customer of bulk liquidation/transfer prior to providing such notice to customers; and use of deficient promotional material by one of GFS's non-NFA Member third-party solicitors. The Complaint also charged GFS and Censullo with use of deceptive promotional material by GFS. Finally, the Complaint charged GFS and Ho with failure to supervise.

DEFAULT DECISION:

On March 24, 2010, Censullo was barred from NFA membership and associate membership and from being a principal of an NFA Member for five years. Censullo was also ordered to pay a fine of $35,000 if and when he reapplies for NFA membership or becomes a principal of an NFA Member after the expiration of his five-year membership bar.

On May 6, 2010, the BCC granted Censullo's motion to vacate this Decision and ordered him to file an Answer within 14 days.

ANSWER:

On May 19, 2010, Censullo filed an Answer to the Complaint in which he denied the material allegations contained therein.

 
Narrative for 0316995 - GFS FOREX & FUTURES INC
**TO VIEW DOCUMENTS, GO TO CASE DOCUMENTS. FOR A COPY OF DOCUMENTS, CONTACT NFA'S INFORMATION CENTER.**

COMPLAINT:

On December 16, 2009, NFA issued a Complaint charging GFS with failure to provide NFA with a copy of a notice to customer of bulk liquidation/transfer prior to providing such notice to customers; and use of deficient promotional material by one of GFS's non-NFA Member third-party solicitors. The Complaint also charged GFS and Censullo with use of deceptive promotional material by GFS. Finally, the Complaint charged GFS and Ho with failure to supervise.

DECISION:

On February 3, 2010, GFS was ordered to pay a $35,000 fine. Count IV of the Complaint as to Ho was dismissed.

 
Narrative for 0370391 - HO, YUN LUN
**TO VIEW DOCUMENTS, GO TO CASE DOCUMENTS. FOR A COPY OF DOCUMENTS, CONTACT NFA'S INFORMATION CENTER.**

COMPLAINT:

On December 16, 2009, NFA issued a Complaint charging GFS with failure to provide NFA with a copy of a notice to customer of bulk liquidation/transfer prior to providing such notice to customers; and use of deficient promotional material by one of GFS's non-NFA Member third-party solicitors. The Complaint also charged GFS and Censullo with use of deceptive promotional material by GFS. Finally, the Complaint charged GFS and Ho with failure to supervise.

DECISION:

On February 3, 2010, GFS was ordered to pay a $35,000 fine. Count IV of the Complaint as to Ho was dismissed.

 
Case Documents Summary
 NFA IDRespondentDocument Type
 0396633CENSULLO, MATTHEW PAULANSWER
 0396633CENSULLO, MATTHEW PAULCOMPLAINT
 0396633CENSULLO, MATTHEW PAULDECISION
 0316995GFS FOREX & FUTURES INCCOMPLAINT
 0316995GFS FOREX & FUTURES INCDECISION
 0370391HO, YUN LUNCOMPLAINT
 0370391HO, YUN LUNDECISION
 
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