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      Page 46 - 期貨和衍生品行業(yè)監管動(dòng)態(tài)(2024年4月)
      P. 46

      期貨和衍生品行業(yè)監管動(dòng)態(tài)
      
      
      
      
                              The Commodity Futures Trading Commission today announced Judge Linda V.
      
                         Parker of the U.S. District Court for the Eastern District of Michigan issued an order
      
                         of default judgment and a permanent injunction against Darren Robinson, a former
      
                         resident of Miami, Florida, and his firm The QYU Holdings Inc. (QYUHI), a
      
                         Wyoming corporation with a purported principal place of business in Dallas, Texas.
      
                         The order bans Robinson and QYUHI from trading in any CFTC-regulated markets
      
                         and registering with the CFTC. It also requires them to pay, jointly and severally,
      
                         $5,923,515.37 in restitution to defrauded victims and a $5,923,515.37 civil monetary
      
                         penalty in connection with a fraudulent foreign currency (forex) scheme.
      
      
                              Additionally, the order finds from approximately January 1, 2017 to September
      
                         28, 2023 (the relevant period), QYUHI acted as a commodity pool operator (CPO)
      
                         without being registered with the CFTC as a CPO as required, and Robinson acted as
      
                         an associated person (AP) of a CPO without being registered with the CFTC as an AP
      
                         of a CPO as required. Also, QYUHI failed to comply with CPO regulations.
      
      
                              The order resolves the CFTC’s enforcement action Robinson and QYUHI. [See
      
                         CFTC Press Release 8792-23.]
      
      
      
                              Case Background
      
      
                              The order stems from a CFTC complaint filed on September 28, 2023. The order
      
                         finds that during the relevant period, Robinson and QYUHI engaged in a
      
                         multimillion-dollar fraudulent scheme through which Robinson, individually and as
      
                         the agent of QYUHI, solicited and Robinson and QYUHI accepted $7,196,365.37
      
                         from 38 people to participate in a commodity pool operated by QYUHI for the
      
                         purpose of trading in commodity interests, including forex pairs on a leveraged,
      
                         margined, or financed basis with participants who were not eligible contract
      
                         participants (retail forex) and forex futures contracts. Instead of trading pool
      
                         participants’ funds, Robinson and QYUHI misappropriated all of the pool participants’
      
                         funds by depositing them directly into QYUHI’s corporate bank account that
      
      
      
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