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January 16, 2007
NFA settles enforcement action against California firms and their principal; results in permanent bar and other sanctions
January 16, Chicago - National Futures Association (NFA) announces the settlement of an enforcement action brought against Castle Trading, Inc. (Castle), a registered Introducing Broker, CHP Asset Management LLC (CHP), a registered Commodity Pool Operator, and their principal, Yuri Plyam. The Decision issued by NFA's Business Conduct Committee is based on charges contained in an NFA Complaint and a settlement offer submitted by Castle, CHP and Plyam, all located in Northridge, California.
In the settlement, Castle agreed to submit all promotional material to NFA for review and approval prior to first use and to maintain a super adjusted net capital level of at least $100,000 for eighteen months. CHP agreed to pay a $30,000 fine. Plyam agreed that neither he nor any other firm which he controls would operate a commodity pool for a period of three years. Finally, CHP and Acceleration Capital, LLC (Acceleration Capital), a Commodity Pool Operator and Commodity Trading Advisor also managed by Plyam, agreed that their NFA memberships would be permanently terminated.
The Committee found that Castle failed to maintain required books and records, and failed to initiate an adequate anti-money laundering program. The Committee also found that CHP failed to prepare accurate pool statements. Additionally, the Committee found that Castle, CHP and Plyam failed to supervise their business.
The complete text of the NFA Complaint and Decision can be found on NFA's Web site (www.nfa.futures.org).
In a related enforcement action issued today, the Commodity Futures Trading Commission (CFTC) announced an order filing and settling charges of fraud and misappropriation of customer funds against Acceleration Capital. The charges are based on activities of Toby Wayne Denniston, II, a former agent of Acceleration Capital, who settled identical charges in August 2006 brought by the CFTC. The order finds that Acceleration Capital is liable for Denniston's misappropriation of funds and false statements to customers in violation of the Commodity Exchange Act.
The CFTC orders Acceleration Capital to pay restitution, including pre-judgment interest, of approximately $218,000 and permanently surrender registration with the CFTC. Furthermore, the order prohibits Plyam from acting as a Commodity Pool Operator or associated person of a Commodity Pool Operator for a period of three years.
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