February 23, 2012

Texas Man Sued by CFTC Over Alleged Foreign Currency Fraud

The Commodity Futures Trading Commission is suing Texas resident Christopher Cornett for alleged solicitation fraud, issuing false account statements, misappropriation of participants’ funds, and not registering in connection with an off-exchange foreign currency fraud. The CFTC filed its complaint on February 2 in the U.S. District Court for the Western District of Texas.

The CFTC contends that between June 2008 through October 2011, the Texas resident approached prospective clients to try to get them to put money in a pooled investment in forex. He played the role of operator and manager of the pool that was referred to with different names, including ICM, ITLDU, IFM, LLC, and International Forex Management, LLC. Cornett is accused of falsely soliciting these prospective participants and making false claims to them that he never had a losing month or year while engaging in forex trading.

Cornett was allegedly able to solicit about $7.07 million between June 2008 and September 2010. Pool participants were able to redeem about $1.64 million. Meantime, he lost about $4.17 million of the funds’ money. During this period of over two years, Cornett allegedly had only one month that was profitable while engaged in forex trading with the pool funds. He is also accused of misappropriating about $1.26 million and falsely reporting the pool’s profits, account balances, and losses to participants.

The CFTC says that between October 2010 and October 2011, the Texas resident allegedly was able to solicit another $6.95 million from those participating in the pool and that the latter were only able to redeem about $2.22 million. Cornett also is accused of transferring about $1.81 million of the money to accounts at three foreign firms while losing everything except for about $1,600 in forex trading. Cornett also allegedly moved about $1.56 million of the funds to another three foreign firms. Even though he was required to register as a commodity pool operator, Cornett didn’t yet still acted in that role. The CFTC wants disgorgement, restitution, civil monetary penalties, a permanent injunction, and registration and trading bans against him.

Forex Fraud
The CFTC is in charge of investigating allegations of foreign currency trading fraud. It is also supposed to take action to shut such scams down. Forex fraud can be perpetuated by financial firms and affiliates, as well as by unregulated firms.

Signs of a possible forex currency trading scheme (from the CFTC):

• It sounds too good to be true
• Claims of a “get rich quick” investment
• Guarantees that your investment will definitely result in profits
• The downplaying of risks involved
• Margin trading or interbank market trading
• Having to send or transfer money by mail or online
• Ethnic communities are targeted as possible clients
• Challenges in getting the company’s performance or background records

Our Texas securities fraud lawyers represent victims of all types of financial fraud scams.

CFTC Charges Texas Resident Christopher B. Cornett in Foreign Currency Fraud Action, CFTC, February 8, 2012

Read the Complaint (PDF)


More Blog Posts:
Texas Securities Fraud: SEC May Pursue Disgorgement Claim from Charles Wyle’s Estate Now that He is Deceased, Stockbroker Fraud Blog, February 9, 2012

Texas Securities Fraud: BNY Mellon Capital Markets LLC Settles Allegations of Rigged Bond Bidding for $1.3M, Stockbroker Fraud Blog, January 24, 2012

TD Bank Ordered to Pay Texas-Based Coquina Investments $67M Over $1.2 Billion Ponzi Scheme, Stockbroker Fraud Blog, January 19, 2012

November 8, 2010

Texas Securities Fraud: M25 Investments Inc., M37 Investments LLC, and Two Individuals Must Pay $16.2M Over Alleged Forex and Ponzi Scams

M37 Investments LLC, M25 Investments Inc., Jeffery Lyon, and Scott Kear Sr. have settled for $16.2 million Commodity Futures Trading Commission charges involving the alleged defrauding of over 200 individuals in a foreign currency scheme. Many of the investment fraud victims were senior investors. The Texas securities fraud agreement was reached between the parties in district court.

The CFTC contends that the defendants solicited about $8 million from approximately 213 individuals to trade off-exchange leveraged foreign currency,
commodity futures contracts, and forex options. The commission says that between December 2007 and September 2009, investors in Texas, West Virginia, Maryland, and Mississippi, and other states were solicited for the trades. Many of the seniors who were targeted were solicited through their churches.

The defendants are accused of guaranteeing investors renewal bonuses, if they reinvested, in addition to guaranteed interest payments on investments. The investors were also allegedly told that “profitable trading” would garner returns. Unfortunately, what ended up happening is that most of the investors’ funds didn’t go toward trading and what was traded resulted in substantial losses.

CFTC says that the few funds that M35 and M25 paid to investors was money that had come from other clients. Because of this, CFTC contends, the two firms ended up running Ponzi scams. The agency also is accusing the defendants of covering up the securities fraud with monthly statement accounts that gave clients the false impression that they were making the 2% monthly interest that they had been promised.

Jointly and severally the defendants will pay $7.404 million in restitution. The two companies will jointly and severally pay a fine of $7.1 million. Lyon’s fine is $375,00 and Kear will pay $1.4 million.

Related Web Resources:

Federal Court Orders More than $16.2 Million in Customer Restitution and Monetary Penalties against Texas Defendants Scott P. Kear, Sr., Jeffery L. Lyon and their Firms in CFTC Anti-Fraud Action, CFTC, October 27, 2010

Read the Complaint (PDF)

Texas Securities Fraud, Stockbroker Fraud Blog

Institutional Investor Securities Blog

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