| BENJAMIN KERPE |
NFA 06BCC00023 |
NFA ID: 0325466 |
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| 0284210 | FLICKINGER II, ROBERT LEE | 01/25/2007 | | 0325466 | KERPE, BENJAMIN | 01/30/2008 | | 0301960 | MERCER CAPITAL INC | 01/25/2007 | | 0346322 | MERCER CAPITAL MANAGEMENT | 01/25/2007 | | 0336444 | MONTGOMERY, CHARLES MICHAEL | 08/14/2007 | | 0340309 | VIERA, ARTHUR | 01/30/2008 |
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| 0284210 | FLICKINGER II, ROBERT LEE | • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS | | | | • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB. | | 0325466 | KERPE, BENJAMIN | • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS | | | | • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB. | | 0301960 | MERCER CAPITAL INC | • 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 | | 0346322 | MERCER CAPITAL MANAGEMENT | • C.R.2-9(c) - ANTI-MONEY LAUNDERING PROGRAM | | | | • F.R.SEC5NEW - INTRODUCING BROKER FINANCIAL REQUIREMENTS | | | | • C.R.2-10 - RECORDKEEPING FCMS/IBS | | 0336444 | MONTGOMERY, CHARLES MICHAEL | • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB. | | | | • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS | | 0340309 | VIERA, ARTHUR | • C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB. | | | | • C.R.2-29(a)(2) - HIGH PRESSURE COMM. PROHIBITED | | | | • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS |
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| 0284210 | FLICKINGER II, ROBERT LEE | • BUSINESS CONDUCT COMMITTEE | | 0325466 | KERPE, BENJAMIN | • APPEALS COMMITTEE | | | | • BUSINESS CONDUCT COMMITTEE | | | | • HEARING COMMITTEE | | 0301960 | MERCER CAPITAL INC | • BUSINESS CONDUCT COMMITTEE | | 0346322 | MERCER CAPITAL MANAGEMENT | • BUSINESS CONDUCT COMMITTEE | | 0336444 | MONTGOMERY, CHARLES MICHAEL | • HEARING COMMITTEE | | | | • BUSINESS CONDUCT COMMITTEE | | 0340309 | VIERA, ARTHUR | • BUSINESS CONDUCT COMMITTEE | | | | • HEARING COMMITTEE | | | | • APPEALS COMMITTEE |
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| 0284210 | FLICKINGER II, ROBERT LEE | • GENERAL CONDUCT | | | | • SALES PRACTICE | | 0325466 | KERPE, BENJAMIN | • SALES PRACTICE | | 0301960 | MERCER CAPITAL INC | • SALES PRACTICE | | | | • GENERAL CONDUCT | | 0346322 | MERCER CAPITAL MANAGEMENT | • GENERAL CONDUCT | | | | • FINANCIAL | | 0336444 | MONTGOMERY, CHARLES MICHAEL | • SALES PRACTICE | | 0340309 | VIERA, ARTHUR | • SALES PRACTICE |
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| 0284210 | FLICKINGER II, ROBERT LEE | • PERMANENT BAR FROM NFA ASSOCIATE MEMBERSHIP | 01/10/2007 | | | | • PERMANENT BAR FROM NFA MEMBERSHIP | 01/10/2007 | | 0325466 | KERPE, BENJAMIN | • AFFIRMED ON APPEAL - APPEALS COMMITTEE | 12/31/2007 | | | | • TEMPORARY BAR FROM NFA ASSOCIATE MEMBERSHIP 3 MTHS | 07/30/2007 | | | | • TEMPORARY BAR FROM PRINCIPAL STATUS 3 MTHS | 07/30/2007 | | | | • FINE $5000 | 07/30/2007 | | | | • REQUIRED TO TAPE RECORD 1 YRS | 07/30/2007 | | | | • TEMPORARY BAR FROM NFA MEMBERSHIP 3 MTHS | 07/30/2007 | | | | • ON APPEAL - NFA APPEALS COMMITTEE | 08/07/0707 | | | | • PENALTY STAYED - ON APPEAL | 08/07/0707 | | 0301960 | MERCER CAPITAL INC | • PERMANENT BAR FROM NFA MEMBERSHIP | 01/10/2007 | | 0346322 | MERCER CAPITAL MANAGEMENT | • PERMANENT BAR FROM NFA MEMBERSHIP | 01/10/2007 | | 0336444 | MONTGOMERY, CHARLES MICHAEL | • TEMPORARY BAR FROM NFA ASSOCIATE MEMBERSHIP 1 YRS | 07/30/2007 | | | | • TEMPORARY BAR FROM PRINCIPAL STATUS 1 YRS | 07/30/2007 | | | | • REQUIRED TO TAPE RECORD 1 YRS | 07/30/2007 | | | | • TEMPORARY BAR FROM NFA MEMBERSHIP 1 YRS | 07/30/2007 | | | | • FINE $10000 | 07/30/2007 | | 0340309 | VIERA, ARTHUR | • AFFIRMED ON APPEAL - APPEALS COMMITTEE | 12/31/2007 | | | | • PENALTY STAYED - ON APPEAL | 08/08/2007 | | | | • ON APPEAL - NFA APPEALS COMMITTEE | 08/08/2007 | | | | • FINE $5000 | 07/30/2007 | | | | • REQUIRED TO TAPE RECORD 1 YRS | 07/30/2007 | | | | • TEMPORARY BAR FROM PRINCIPAL STATUS 3 MTHS | 07/30/2007 | | | | • TEMPORARY BAR FROM NFA ASSOCIATE MEMBERSHIP 3 MTHS | 07/30/2007 | | | | • TEMPORARY BAR FROM NFA MEMBERSHIP 3 MTHS | 07/30/2007 |
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| **To view documents, go to Case Documents. For a copy of Documents, contact NFA's Information Center.**
COMPLAINT:
On August 30, 2006, NFA issued a Complaint charging MCI, Flickinger, Kerpe, Montgomery and Viera with making deceptive and misleading sales solicitations. The Complaint also charged MCI and Viera with making high-pressure sales solicitations. The Complaint charged MCM with failure to maintain required books and records; failure to file required telegraphic notice; and failure to initiate an adequate AML program.
ANSWER -
On October 31, 2006, MCM, MCI and Flickinger filed an Answer to the Complaint in which they denied the material allegations contained therein.
DECISION -
On January 10, 2007, MCM and MCI were ordered to never apply for NFA membership in the future. Flickinger was ordered to never apply for NFA membership, associate NFA membership or principal status with any NFA Member in the future. | | | |
| **To view documents, go to Case Documents. For a copy of Documents, contact NFA's Information Center.**
COMPLAINT:
On August 30, 2006, NFA issued a Complaint charging MCI, Flickinger, Kerpe, Montgomery and Viera with making deceptive and misleading sales solicitations. The Complaint also charged MCI and Viera with making high-pressure sales solicitations. The Complaint charged MCM with failure to maintain required books and records; failure to file required telegraphic notice; and failure to initiate an adequate AML program.
ANSWER -
On September 28, 2006, Kerpe filed an Answer to the Complaint in which he denied the material allegations contained therein.
DECISION -
On July 30, 2007, Kerpe was suspended from NFA membership and associate membership and from acting as a principal of an NFA Member for three months. For one year (exclusive of any period during which Kerpe is suspended or is not an NFA Member or an Associate Member), Kerpe may not be an Associate of an NFA Member unless his sponsor agrees in writing to tape record all conversations that occur between him and both existing and potential customers; retain each tape for two years from the date the tape is created; and make the tapes available to NFA upon request. During the one-year period, Kerpe may not be an NFA Member or principal of an NFA Member unless that Member agrees in writing to tape record all conversations between the firm's APs and both existing and potential customers, retain each tape for two years from the date the tape is created; and make the tapes available to NFA upon request. Kerpe was also ordered to pay a $5,000 fine.
APPEAL:
On August 7, 2007, Kerpe appealed the Decision to NFA's Appeals Committee.
APPEALS DECISION:
On December 31, 2007, NFA's Appeals Committee affirmed the Hearing Panel's Decision in full.
ORDER OF DISMISSAL:
On April 23, 2008, the CFTC dismissed Kerpe's unperfected appeal. | | | |
| **To view documents, go to Case Documents. For a copy of Documents, contact NFA's Information Center.**
COMPLAINT:
On August 30, 2006, NFA issued a Complaint charging MCI, Flickinger, Kerpe, Montgomery and Viera with making deceptive and misleading sales solicitations. The Complaint also charged MCI and Viera with making high-pressure sales solicitations. The Complaint charged MCM with failure to maintain required books and records; failure to file required telegraphic notice; and failure to initiate an adequate AML program.
ANSWER -
On October 31, 2006, MCM, MCI and Flickinger filed an Answer to the Complaint in which they denied the material allegations contained therein.
DECISION -
On January 10, 2007, MCM and MCI were ordered to never apply for NFA membership in the future. Flickinger was ordered to never apply for NFA membership, associate NFA membership or principal status with any NFA Member in the future. | | | |
| **To view documents, go to Case Documents. For a copy of Documents, contact NFA's Information Center.**
COMPLAINT:
On August 30, 2006, NFA issued a Complaint charging MCI, Flickinger, Kerpe, Montgomery and Viera with making deceptive and misleading sales solicitations. The Complaint also charged MCI and Viera with making high-pressure sales solicitations. The Complaint charged MCM with failure to maintain required books and records; failure to file required telegraphic notice; and failure to initiate an adequate AML program.
ANSWER -
On October 31, 2006, MCM, MCI and Flickinger filed an Answer to the Complaint in which they denied the material allegations contained therein.
DECISION -
On January 10, 2007, MCM and MCI were ordered to never apply for NFA membership in the future. Flickinger was ordered to never apply for NFA membership, associate NFA membership or principal status with any NFA Member in the future. | | | |
| **To view documents, go to Case Documents. For a copy of Documents, contact NFA's Information Center.**
COMPLAINT:
On August 30, 2006, NFA issued a Complaint charging MCI, Flickinger, Kerpe, Montgomery and Viera with making deceptive and misleading sales solicitations. The Complaint also charged MCI and Viera with making high-pressure sales solicitations. The Complaint charged MCM with failure to maintain required books and records; failure to file required telegraphic notice; and failure to initiate an adequate AML program.
ANSWER -
On November 21, 2006, Montgomery filed an Answer to the Complaint in which he denied the material allegations contained therein.
DECISION -
On July 30, 2007, Montgomery was barred from NFA membership and associate membership and from acting as a principal of an NFA Member for one year. For one year (exclusive of any period during which Montgomery is suspended or is not an NFA Member or an Associate Member), Montgomery may not be associated with an NFA Member unless his sponsor agrees in writing to tape record all conversations that occur between him and both existing and potential customers; retain each tape for two years from the date the tape is created; and make the tapes available to NFA upon request. During the one-year period, Montgomery may not be an NFA Member or principal of an NFA Member unless that Member agrees in writing to tape record all conversations between the firm's APs and both existing and potential customers, retain each tape for two years from the date the tape is created; and make the tapes available to NFA upon request. Montgomery was also ordered to pay a $10,000 fine. | | | |
| **To view documents, go to Case Documents. For a copy of Documents, contact NFA's Information Center.**
COMPLAINT:
On August 30, 2006, NFA issued a Complaint charging MCI, Flickinger, Kerpe, Montgomery and Viera with making deceptive and misleading sales solicitations. The Complaint also charged MCI and Viera with making high-pressure sales solicitations. The Complaint charged MCM with failure to maintain required books and records; failure to file required telegraphic notice; and failure to initiate an adequate AML program.
ANSWER:
On September 28, 2006, Viera filed an Answer to the Complaint denying the material allegations contained therein.
DECISION -
On July 30, 2007, Viera was barred from NFA membership and associate membership and from acting as a principal of an NFA Member for three months. For one year (exclusive of any period during which Viera is suspended or is not an NFA Member or an Associate Member), Viera may not be associated with an NFA Member unless his sponsor agrees in writing to tape record all conversations that occur between him and both existing and potential customers; retain each tape for two years from the date the tape is created; and make the tapes available to NFA upon request. During the one-year period, Viera may not be an NFA Member or principal of an NFA Member unless that Member agrees in writing to tape record all conversations between the firm's APs and both existing and potential customers, retain each tape for two years from the date the tape is created; and make the tapes available to NFA upon request. Viera was also ordered to pay a $5,000 fine.
APPEAL:
On August 8, 2007, Viera appealed the Decision to NFA's Appeals Committee.
APPEALS DECISION:
On December 31, 2007, NFA's Appeals Committee affirmed the Hearing Panel's Decision in full.
ORDER OF SUMMARY AFFIRMANCE:
On September 9, 2008, the CFTC affirmed the decision of NFA's Appeals Committee. | | |
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| 0284210 | FLICKINGER II, ROBERT LEE | ANSWER | | 0284210 | FLICKINGER II, ROBERT LEE | COMPLAINT | | 0284210 | FLICKINGER II, ROBERT LEE | DECISION | | 0325466 | KERPE, BENJAMIN | ANSWER | | 0325466 | KERPE, BENJAMIN | APPEALS COMMITTEE DECISION | | 0325466 | KERPE, BENJAMIN | COMPLAINT | | 0325466 | KERPE, BENJAMIN | DECISION | | 0325466 | KERPE, BENJAMIN | NOTICE OF APPEAL | | 0325466 | KERPE, BENJAMIN | ORDER | | 0301960 | MERCER CAPITAL INC | ANSWER | | 0301960 | MERCER CAPITAL INC | COMPLAINT | | 0301960 | MERCER CAPITAL INC | DECISION | | 0346322 | MERCER CAPITAL MANAGEMENT | ANSWER | | 0346322 | MERCER CAPITAL MANAGEMENT | COMPLAINT | | 0346322 | MERCER CAPITAL MANAGEMENT | DECISION | | 0336444 | MONTGOMERY, CHARLES MICHAEL | ANSWER | | 0336444 | MONTGOMERY, CHARLES MICHAEL | COMPLAINT | | 0336444 | MONTGOMERY, CHARLES MICHAEL | DECISION | | 0340309 | VIERA, ARTHUR | ANSWER | | 0340309 | VIERA, ARTHUR | APPEALS COMMITTEE DECISION | | 0340309 | VIERA, ARTHUR | COMPLAINT | | 0340309 | VIERA, ARTHUR | DECISION | | 0340309 | VIERA, ARTHUR | NOTICE OF APPEAL | | 0340309 | VIERA, ARTHUR | ORDER |
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