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#4250-99
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March 31, 1999
CFTC FILES ENFORCEMENT ACTION ALLEGING COMMODITY OPTIONS FRAUD AGAINST WELLINGTON FINANCIAL GROUP, INC.
RESPONDENT ALLEGEDLY SOLICITED CUSTOMERS THROUGH INFOMERCIALS
AND TELEPHONE SALES SOLICITATIONS
WASHINGTON -- The Commodity Futures Trading Commission (CFTC) announced
today that it has filed an administrative complaint against
Wellington Financial Group, Inc. of Fort Lauderdale, Florida,
alleging it has violated the anti-fraud provisions of the Commodity
Exchange Act (CEA) and CFTC regulations by fraudulently soliciting
prospective customers to open accounts to trade options on commodity
futures contracts.
The CFTC complaint alleges that Wellington, a registered introducing
broker, made false, deceptive, and misleading statements regarding the
trading of commodity options in radio infomercials and advertisements, and
in direct telephone solicitations of prospective customers, in violation of
section 4c(b) of the CEA and Commission regulation 33.10.
Specifically, the CFTC complaint alleges that Wellington fraudulently
misrepresented, among other things, that customers who purchase options on
futures contracts will profit from seasonal and other existing and known
supply and demand forces that affect the prices of certain commodities in
the cash market. The complaint further alleges that Wellington made
fraudulent misrepresentations and failed to disclose material facts
concerning, among other things:
--�������� the likelihood of
profit from trading commodity options;
--�������� the risk of loss involved in trading commodity options; and
--�������� Wellington's
performance record for its customers.
In addition, the complaint alleges that 109 of approximately 120 customer
accounts opened by Wellington from March 1997 through September 1998 lost
money, and that total net losses, including commissions, were approximately
$800,000.
The CFTC's complaint institutes a public administrative proceeding to
determine if the allegations in the complaint are true and, if so, what
sanctions, if any, are appropriate and in the public interest. Possible
sanctions include an order directing the respondents to cease and desist
from violating the CEA and Commission regulations, revocation or suspension
of Wellington's registration, civil monetary penalties of not more than the
higher of $110,000 or triple the monetary gain for each violation, and
restitution to customers of damages proximately caused by the violations of
the respondent.