CFTC v. Daniel Fingerhut and others (binary options and digital asset solicitation fraud, 2021)
Judgment entered
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In 2021, a Florida federal court enjoined Daniel Fingerhut, Itay Barak, Tal Valariola and Digital Platinum Limited and ordered about US$7 million in combined disgorgement and penalties over fraudulent solicitations for binary options and digital asset trading accounts.
The record
| Agency | CFTC |
|---|---|
| Release number | 8460-21 |
| Date filed | 2021-11-17 |
| Date resolved | 2021-11-17 |
| Court | U.S. District Court, Southern District of Florida |
| Status | judgment |
| Asset class | crypto, fx |
| Criminal parallel | No |
| Defendants | Daniel Fingerhut ; Itay Barak ; Tal Valariola ; Digital Platinum Limited |
| Techniques |
What was ordered
- Civil penalty
- $3.6m
- Disgorgement
- $3.4m
- Prejudgment interest
- —
- Total relief
- $7m
- Alleged gain
- —
What is alleged to have happened
The Commodity Futures Trading Commission announced this matter on November 17, 2021 as release 8460-21. The respondents named are Daniel Fingerhut, Itay Barak, Tal Valariola and Digital Platinum Limited (3 individuals, 1 entity).
The orders find the defendants spread solicitations promising free access to supposedly successful automated trading systems, presenting hypothetical and fictitious trading results as real along with fabricated testimonials. Fingerhut also made false statements to the CFTC. Nothing in the release describes wash trading.
This library applies no technique tag to the matter. The conduct is solicitation fraud, not wash trading.
Fingerhut: $400,011 in disgorgement and a $600,000 penalty. Barak, Valariola and Digital Platinum: $3 million in disgorgement and a $3 million penalty. The record totals these as $3.6 million in penalties and $3.4 million in disgorgement.
The CFTC continued to litigate against two other entity defendants and a relief defendant.
Timeline
- 2021-11-17 CFTC release published
Primary documents
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