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Page 30 - 期貨和衍生品行業監管動態(2024年7月刊)
P. 30

期貨和衍生品行業監管動態




                   disgorgement jointly and severally against Sam Ikkurty of Oregon and Jafia, LLC,

                   Ikkurty Capital, LLC d/b/a Rose City Income Fund I, Rose City Income Fund II, and

                   Seneca Ventures, LLC (defendants). In addition, the summary judgment order also

                   found the defendants misappropriated funds through a carbon offset program.


                        The order finds Ikkurty and the defendants committed all alleged violations of

                   the Commodity Exchange Act (CEA) and CFTC regulations, including fraud and

                   failure to register. Judge Rowland also found the defendants operated as “a classic

                   Ponzi scheme,” including in connection with the defendants’ carbon offset program.

                   The CFTC will seek injunctive relief and a civil monetary penalty.


                        Case Background


                        The summary judgment order finds Ikkurty recruited participants to his funds

                   through webinars and trade shows by promising participants they would earn a steady

                   distribution of 15% income per year of supposed “net profits” through investments in

                   digital asset commodities such as Bitcoin and Ethereum, and commodity interests.

                   Ikkurty touted the purported success of his prior fund to lure new participants to

                   invest. Ikkurty assured prospective participants he invested in “stable” digital assets.


                   Ikkurty also gained participants’ confidence by repeatedly telling stories of his

                   personal success investing in and trading digital assets. Few of Ikkurty’s statements

                   were true. In reality, per the summary judgment order, Ikkurty did not return any net

                   profits to participants, and instead “ran something akin to a Ponzi scheme.” Citing the

                   CFTC investigator’s testimony, Judge Rowland found Ikkurty’s marketing materials

                   misstated his fund’s historical performance and omitted the fact that the fund fell in

                   value by 98.99% over a period of a few months. Also, the order finds Ikkurty invested

                   in unstable digital asset commodities, some related to carbon offsets, and his actual

                   experience with digital assets consisted of losing his personal Bitcoins to a hack.


                        Notably, in addition to the misrepresentations, the summary judgment order also

                   finds the defendants misappropriated funds through a carbon offset program. The



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