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Case Summary

MARCIN JASINSKI NFA 06BCC00024 NFA ID: 0341619

Respondent/Effective Date Summary
 NFA IDRespondentEffective Date
 0341619JASINSKI, MARCIN04/26/2007
 0330938KHOLOSTOY, ZACHARY06/01/2007
 0337483SPENCER FINANCIAL LLC11/28/2006
Rule Summary
 NFA IDRespondentRule Type
 0341619JASINSKI, MARCIN• C.R.2-36(e) - FOREX DEALER MEMBERS SUPERVISION OF EMPLOYEES
 0330938KHOLOSTOY, ZACHARY• C.R.2-36(e) - FOREX DEALER MEMBERS SUPERVISION OF EMPLOYEES
 0337483SPENCER FINANCIAL LLC• F.R.Section 1 - ADJUSTED NET CAPITAL REQ. FOR FCMS
  • R.R.208 - CHANGES REQUIRING NEW REGISTRATION
  • C.R.2-36(d) - FOREX DEALER MEMBERS DOING BUSINESS WITH NON-MEMBERS
  • C.R.2-36(e) - FOREX DEALER MEMBERS SUPERVISION OF EMPLOYEES
  • C.R.2-36(b)(1) - CHEAT, DEFRAUD, DECEIVE FOREX CUSTOMERS
  • C.R.2-9(c) - ANTI-MONEY LAUNDERING PROGRAM
Committee Summary
 NFA IDRespondentCommittee
 0341619JASINSKI, MARCIN• HEARING COMMITTEE
  • BUSINESS CONDUCT COMMITTEE
 0330938KHOLOSTOY, ZACHARY• BUSINESS CONDUCT COMMITTEE
  • HEARING COMMITTEE
 0337483SPENCER FINANCIAL LLC• BUSINESS CONDUCT COMMITTEE
Action Summary
 NFA IDRespondentAction Types
 0341619JASINSKI, MARCIN• GENERAL CONDUCT
 0330938KHOLOSTOY, ZACHARY• GENERAL CONDUCT
 0337483SPENCER FINANCIAL LLC• SALES PRACTICE
  • REGISTRATION
  • FINANCIAL
  • GENERAL CONDUCT
Penalty/Event Summary
 NFA IDRespondentPenalty/EventEvent Date
 0341619JASINSKI, MARCIN• TEMPORARY BAR FROM NFA ASSOCIATE MEMBERSHIP 1 YRS04/11/2007
  • TEMPORARY BAR FROM NFA MEMBERSHIP 1 YRS04/11/2007
 0330938KHOLOSTOY, ZACHARY• TEMPORARY BAR FROM NFA MEMBERSHIP 1 YRS05/17/2007
  • TEMPORARY BAR FROM NFA ASSOCIATE MEMBERSHIP 1 YRS05/17/2007
  • TEMPORARY BAR FROM PRINCIPAL STATUS 1 YRS05/17/2007
 0337483SPENCER FINANCIAL LLC• PERMANENT WITHDRAWAL FROM NFA MEMBERSHIP11/13/2006
Narrative Summary
Narrative for 0341619 - JASINSKI, MARCIN
**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 Spencer with using misleading promotional material; using misleading promotional material of non-members with which Spencer does business; failing to develop and implement an adequate AML program; failing to list Alexander Teplitsky and Eugene Teplitsky as principals; failing to file financial statements with NFA in a timely manner; and failing to file notices of substantial reductions in net capital. The Complaint also charged Spencer, Jasinski and Kholostoy with failure to supervise.

DECISION:

On April 11, 2007, Jasinski was suspended from NFA membership and Associate membership for one year. During the period of suspension, Jasinski may not act in any capacity requiring registration, nor act as a principal of an NFA Member.

Should Jasinski, after the expiration of the one year suspension, again become an NFA Member or Associate Member, he may not act in a supervisory capacity for any NFA Member for two years from the date he again becomes an NFA Member or Associate Member.

 
Narrative for 0330938 - KHOLOSTOY, ZACHARY
**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 Spencer with using misleading promotional material; using misleading promotional material of non-members with which Spencer does business; failing to develop and implement an adequate AML program; failing to list Alexander Teplitsky and Eugene Teplitsky as principals; failing to file financial statements with NFA in a timely manner; and failing to file notices of substantial reductions in net capital. The Complaint also charged Spencer, Jasinski and Kholostoy with failure to supervise.

DECISION:

On May 17, 2007, Kholostoy was suspended from NFA membership and associate membership for one year. During the suspension period, Kholostoy may not act in any capacity requiring registration, nor act as a principal of an NFA Member. Should Kholostoy again become an NFA Member or Associate Member, after the expiration fo the one-year suspension, he may not act in a supervisory capacity for any NFA Member for two years from the date he again becomes an NFA Member or Associate Member.

 
Narrative for 0337483 - SPENCER FINANCIAL LLC
**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 Spencer with using misleading promotional material; using misleading promotional material of non-members with which Spencer does business; failing to develop and implement an adequate AML program; failing to list Alexander Teplitsky and Eugene Teplitsky as principals; failing to file financial statements with NFA in a timely manner; and failing to file notices of substantial reductions in net capital. The Complaint also charged Spencer, Jasinski and Kholostoy with failure to supervise.

ANSWER:

On September 22, 2006, Spencer filed an Answer to the Complaint denying the material allegations contained therein.

DECISION:

On November 13, 2006, Spencer was ordered to withdraw from NFA membership and never again reapply for NFA membership or act as a principal of an NFA member.

 
Case Documents Summary
 NFA IDRespondentDocument Type
 0341619JASINSKI, MARCINCOMPLAINT
 0341619JASINSKI, MARCINDECISION
 0330938KHOLOSTOY, ZACHARYCOMPLAINT
 0330938KHOLOSTOY, ZACHARYDECISION
 0337483SPENCER FINANCIAL LLCANSWER
 0337483SPENCER FINANCIAL LLCCOMPLAINT
 0337483SPENCER FINANCIAL LLCDECISION
 
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