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July 26, 2006
NFA takes enforcement action against New York firm and its president
July 26, Chicago - National Futures Association (NFA) has permanently barred from membership Empire Futures LLC, a Commodity Trading Advisor and Introducing Broker located in New York. NFA has also suspended Reuben L. Sushman, Empire's president and an Associate Member of NFA, from being an NFA Member or a principal of an NFA Member for five years and from being an NFA Associate Member for three months. Both enforcement actions are effective August 8, 2006.
In addition, if he applies for Associate membership after his three month suspension ends, Sushman will be prohibited from exercising discretion over any customer accounts for five years and will be subject to special supervision for two years.
The Decision, issued by NFA's Hearing Committee, is based on the charges contained in an NFA Complaint filed against Empire and Sushman in December 2005, and settlement offers submitted by Empire and Sushman. The NFA Complaint alleged that Empire used deceptive and misleading disclosure documents and other promotional material. The Complaint also charged Empire and Sushman with overcharging customers for incentive fees and with failing to supervise.
The complete text of the enforcement action can be found at NFA's Web site (www.nfa.futures.org)
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