September 21, 2010

CFTC Charges Joseph L. Autry, Jr. and Autry Capital Management with Commodity Pool Ponzi Scheme Fraud, Misappropriation and Issuing False Customer Reports

Autry allegedly misappropriated more than $176,000 of customer funds for personal debts, expenses and fabricated commissions.

Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today charged Joseph L. Autry, Jr. and his company, Autry Capital Management LLC (ACM) (formerly known as Joey Autry LLC), both of Statesboro, Ga., with fraudulently operating a Ponzi scheme that solicited and received approximately $265,200 from seven customers in Georgia to trade commodity futures contracts. Autry, who has never been registered with the CFTC, allegedly ran the scheme from at least May 2008 until January 2010.

The CFTC complaint, filed on September 21, 2010, in the U.S. District Court for the Southern District of Georgia, charges that Autry misappropriated more than $176,000 of pooled customer funds to pay his personal debts and expenses. Autry is also charged with paying supposed returns to customers using the customer’s own funds or funds of new customers, as is typical of a Ponzi scheme. Autry also allegedly used misappropriated customer funds to pay himself fees and commissions based on fabricated trading profits. To conceal the misappropriation, Autry sent ACM customers false statements showing bogus trading profits when he knew no such profits existed, the complaint charges.

In its continuing litigation, the CFTC seeks full restitution to defrauded customers, disgorgement of ill-gotten gains, rescission of contracts, civil monetary penalties, trading and registration bans and a permanent injunction against further violations of federal commodities laws.

The CFTC thanks the Federal Bureau of Investigation and the U.S. Attorney’s Office for the Southern District of Georgia for their assistance in this matter.

The CFTC Division of Enforcement staff members responsible for this case are Linda Y. Peng, Michael C. McLaughlin, David W. MacGregor, Lenel Hickson, Jr. and Vincent A. McGonagle.

Media Contacts
Scott Schneider
202-418-5174

Dennis Holden
202-418-5088

Last Updated: September 21, 2010