CFTC v. Emini Experts LLC and others (fraud and asset freeze, 2014)
Judgment entered
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In November 2014 the CFTC announced that a Florida federal court had frozen the assets of Emini Experts LLC, Capital Trading Concepts LLC and their owner Dante S. Giovannetti, alleged to have solicited at least $700,000 using fictitious account statements. On June 22, 2016 the CFTC announced a default final judgment ordering $663,975 in restitution and penalties totalling $2,131,926, with relief defendant Capital Futures LLC to disgorge $143,358. Giovannetti was sentenced to 63 months in the related criminal case.
The record
| Agency | CFTC |
|---|---|
| Release number | 7052-14 |
| Date filed | 2014-11-06 |
| Date resolved | 2016-06-22 |
| Court | U.S. District Court, Middle District of Florida |
| Status | judgment |
| Asset class | futures |
| Criminal parallel | Yes: sentenced (Dante Giovannetti), U.S. District Court, Middle District of Florida |
| Sentence | 5y 3m |
| Bars imposed | registration bar, conduct-based injunction |
| Defendants | Emini Experts LLC ; Capital Trading Concepts LLC ; Dante S. Giovannetti ; Capital Futures LLC |
| Techniques |
What was ordered
- Civil penalty
- $2.1m
- Disgorgement
- $143k
- Prejudgment interest
- —
- Total relief
- $2.3m
- Alleged gain
- —
What is alleged to have happened
The Commodity Futures Trading Commission announced this matter on November 6, 2014 as release 7052-14. The respondents named are Emini Experts LLC, Capital Trading Concepts LLC, Dante S. Giovannetti and Capital Futures LLC (1 individual, 3 entities).
The complaint alleges the defendants showed investors invented trading statements with large fictitious profits in E-mini S&P 500 futures, acted as unregistered pool operators, and mixed pool funds. Capital Futures LLC is named as a relief defendant. The word "fictitious" here describes fabricated account statements, not trades.
This library applies no technique tag to the matter. The conduct is solicitation fraud and misappropriation, which is not wash trading.
The court entered a restraining order and asset freeze early in the case.
Outcome. The CFTC's June 22, 2016 release says Judge Paul Byron of the Middle District of Florida entered a default final judgment against Giovannetti, Emini and Capital Trading. It orders them jointly to pay $663,975 in restitution and a $1,991,926 civil monetary penalty, with a further $140,000 penalty jointly on Emini and Giovannetti (the structured penalty field sums the two, $2,131,926). Relief defendant Capital Futures LLC must disgorge $143,358. The order permanently enjoins the defendants from commodity-related activity and from registering with the CFTC. It finds that they fraudulently solicited and misappropriated pool funds, issued false statements, commingled funds and failed to register; these are default findings. Giovannetti was sentenced to 63 months in United States v. Giovannetti with restitution in the same amounts. The release gives the announcement date, not the date of signing.
Timeline
- 2014-11-06 CFTC release published
- 2016-06-22 CFTC announces default final judgment: restitution, penalties, disgorgement by relief defendant
Primary documents
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