Did the CFTC's Wilson case end in judgment, and do later cases copy it?
Research question: Did the CFTC v. Wilson case end in a final judgment, and does its liability theory for JBW Capital appear in later CFTC cases involving wash trading or manipulative volume?
The records show the case ended in a final judgment against both John B. Wilson and JBW Capital LLC, including a permanent injunction and a civil monetary penalty 23. The court ordered a civil penalty of $2.86 million and declined to award restitution based on investor losses 511. The JBW Capital liability theory, covering failure to register as a commodity pool operator and false statements to investors, is documented in the case record 714. The records do not show that this theory appears in later CFTC wash-trading or manipulative-volume cases; the only later matter in the file is the Shinhan wash-sales sanction, and that excerpt does not mention Wilson or JBW Capital 15. The newest dated fact is from January 29, 2016, so the file cannot confirm how the theory is used today 6.
Sources
"the Massachusetts federal district court granted on summary judgment the CFTC’s request for a finding of liability, and imposed injunctive relief and civil penalties."Commodity Futures Trading Commission v. JBW Capital, LLC (Court of Appeals for the First Circuit, 2016-01-29)
"FINAL JUDGMENT FOR PERMANENT INJUNCTION AND CIVIL MONETARY PENALTY Final judgment is hereby entered in favor of Plaintiff United States Commodity Futures Trading Commission ("Commission" or " CFTC ") and against Defendants John B. Wilson ("Wilson") and JBW Capital LLC (" JBW ") on Counts I, II and III of the Complaint."PDF Final Judgment: John B. Wilson & JBW Capital LLC - cftc.gov
"Final judgment is hereby entered in favor of Plaintiff United States Commodity Futures Trading Commission ("Commission" or " CFTC ") and against Defendants John B. Wilson ("Wilson") and JBW Capital LLC (" JBW ") on Counts I, II and III of the Complaint."PDF Final Judgment: John B. Wilson & JBW Capital LLC - cftc.gov
"The U.S. Commodity Futures Trading Commission ( CFTC ) today announced that the Honorable Richard G. Stearns of the U.S. District Court for the District of Massachusetts entered a Final Judgment against Defendants John B. Wilson and his company, JBW Capital LLC ( JBW )"Release Number 7041-14 - Commodity Futures Trading Commission
"On October 5, 2014, the district court issued a final judgment for a permanen... It granted the CFTC's requests for injunctive relief and civil penalties and determined that “[i]n the absence of a showing by the CFTC of any personal gain on Wilson's part as the result of the fraud, the appropriate measure of a civil penalty is the statutory per-violation amount, rather than a trebling of the inves"COMMODITY FUTURES TRADING COMMISSION v. JBW CAPITAL LLC (2016)
"Decided: January 29, 2016"COMMODITY FUTURES TRADING COMMISSION v. JBW CAPITAL LLC (2016)
"Wilson and JBW contest the district court's conclusion that they are liable under the Commodity Exchange Act (“CEA”) for failing to register with the CFTC, in violation of 7 U .S.C. § 6m(1), and for violating two commodity fraud provisions, §§ 7 U.S.C. 6b(a)(1) and... Wilson clearly made numerous false and misleading statements and reports, including those in his e-mails to investors about “Today'"COMMODITY FUTURES TRADING COMMISSION v. JBW CAPITAL LLC (2016)
"JBW began trading in October 2007, in part using an algorithm called the “Humphrey Program.”"COMMODITY FUTURES TRADING COMMISSION v. JBW CAPITAL LLC (2016)
"The district court denied the motion in an order dated July 17, 2014... It found that “[t]he additional cases cited by the CFTC neither compel an order of restitution as a matter of law, nor are the facts of those ․ cases analogous to those in this case,” id. at 365–66, and concluded that its disagreement with the CFTC was a “difference of opinion,” id. at 366."COMMODITY FUTURES TRADING COMMISSION v. JBW CAPITAL LLC (2016)
"The U.S. Commodity Futures Trading Commission (CFTC) today announced that the Honorable Richard G. Stearns of the U.S. District Court for the District of Massachusetts entered a Final Judgment against Defendants John B. Wilson and his company, JBW Capital LLC (JBW)"Federal Court Orders Boston Resident John B. Wilson and His Company ...
"The court’s Final Judgment orders the Defendants, jointly and severally, to pay a $2.86 million civil penalty"Federal Court Orders Boston Resident John B. Wilson and His Company ...
"The court’s action stems from a CFTC Complaint filed on September 28, 2012, that charged Defendants with violating the anti-fraud provisions of the CEA in connection with a commodity pool by falsely representing to investors on multiple occasions the pool’s Net Asset Value (NAV)."Federal Court Orders Boston Resident John B. Wilson and His Company ...
"For example, in September 2008, the Defendants falsely represented the pool’s NAV to be $2,475,941, when the actual NAV was $1,149,628, according to the court’s findings."Federal Court Orders Boston Resident John B. Wilson and His Company ...
"The court also found that Defendants had illegally acted as unregistered CPOs."Federal Court Orders Boston Resident John B. Wilson and His Company ...
"Shinhan is required to pay a $212,500 civil monetary penalty and cease and desist from further v..."CFTC Sanctions Trading Firm $212,500 for Wash Sales
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