Market Manipulation. Search

CFTC v. Fabio Bretas de Freitas and Phy Capital Investments LLC (2019)

Judgment entered

Checked against the primary document on October 4, 2026. The library's summary, tags and figures for this record were compared with the regulator's own document by an AI model (Claude) following written instructions, with sampled and disputed records read a second time. No lawyer has reviewed them. A checked record can still contain errors, and checked does not mean endorsed. See how we check records or report a correction.

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In May 2019 the CFTC sued Fabio Bretas de Freitas and his commodity pool operator Phy Capital Investments, alleging they took client money for funds that barely traded and lied to the National Futures Association. On 3 October 2019 a New York federal court entered a default judgment ordering a $12,608,982 penalty, $5,752,042 in disgorgement and $4,625,166 in restitution and interest, with a permanent trading ban. Bretas was also convicted in a parallel criminal case.

The record

Structured fields for this action, as recorded in our case library.
Agency CFTC
Release number 7927-19
Date filed 2019-05-10
Date resolved 2019-10-03
Court U.S. District Court, Southern District of New York
Status judgment
Criminal parallel Yes: convicted (Bretas (sentence not stated)), U.S. District Court, Southern District of New York, 2020-02-28
Bars imposed trading ban
Defendants Fabio Bretas de Freitas (individual) ; Phy Capital Investments LLC (entity)
Techniques

What was ordered

Civil penalty
$12.6m
Disgorgement
$5.8m
Prejudgment interest
—
Total relief
$18.4m
Alleged gain
—

A dash means the release did not state a figure we could extract, not that the figure is zero. Penalty and disgorgement are stored separately so aggregates across the library do not double-count the same dollars.

What is alleged to have happened

The CFTC announced the complaint on May 10, 2019 (release 7927-19) in the Southern District of New York. It alleged that the defendants took at least $7.8 million from clients for funds that never traded futures in the way promised, claimed a 49 percent return that was not real, and lied to the National Futures Association. The funds' only US exchange activity was a proprietary account that lost over $85,000 and a small managed account, and some money paid other clients in a manner akin to a Ponzi scheme.

Outcome. The CFTC's October 2019 release says Judge Furman entered a default judgment on 3 October 2019, so the defendants did not contest the case. It orders a civil monetary penalty of $12,608,982, disgorgement of $5,752,042, restitution plus prejudgment interest of $4,625,166, and a permanent ban on trading in CFTC-regulated markets. The restitution and interest figure is not stored in this record's money fields. The order's findings, as the release describes them, are that only $155,000 of $6,894,979 in client funds reached trading accounts. A May 2020 CFTC release adds that Bretas was convicted in the same court on 28 February 2020 of conspiracy to commit commodities fraud and wire fraud; no sentence is stated in the sources read, so none is recorded. The CFTC revoked the firm's and Bretas's registrations in October 2020.

Timeline

  1. 2019-05-10 CFTC release published
  2. 2019-10-03 Default judgment entered against Bretas and Phy Capital: penalty, disgorgement, restitution and permanent trading ban
  3. 2020-02-28 Bretas convicted of conspiracy to commit commodities fraud and wire fraud (as reported by the CFTC)
  4. 2020-09-30 CFTC revokes Phy Capital and Bretas registrations (initial decision on default finalized)

Primary documents

Everything on this page derives from the documents below. Where our summary and the primary document disagree, the primary document is right.

The linked release is a work of the United States government and is not subject to copyright. Our summary and narrative above are our own writing.

Record added September 10, 2026. submit a correction.