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Page 13 - 期貨和衍生品行業監管動態(2024年9月刊)
P. 13

期貨和衍生品行業監管動態




                   過 15 人提供了商品交易建議,并利用電子郵件、電話和互聯網開展業務。


                   CFTC Orders Wisconsin Man to Pay Civil Monetary Penalty for Acting as an

                   Unregistered Commodity Trading Advisor (2024/8/26)


                        The Commodity Futures Trading Commission today announced it entered an

                   order requiring Mark Hendershott, located in Wisconsin, to pay a $75,000 civil

                   monetary penalty for acting as an unregistered commodity trading advisor (CTA).


                        The order finds, from in or about May 2018 through at least June 2021,

                   Hendershott violated Section 4m(1) of the Commodity Exchange Act, 7 U.S.C.

                   § 6m(1), by making use of the mails or any means or instrumentality of interstate

                   commerce in connection with his business as a CTA without being registered with the

                   CFTC as required.


                        According to the order, Hendershott was self-employed as a consultant to

                   farmers. While the majority of his consulting services generally related to activities

                   associated with physical crop-related activities, he also provided his clients hedging

                   advice relating to their crop production using commodity futures. Hendershott

                   provided tailored advice to clients concerning their hedging requirements and

                   counseled clients as to the advisability of using futures contracts to hedge their crop


                   production, including wheat, soybeans, oats, corn, and lean hogs futures. Hendershott

                   developed his client base by contacting prospective clients, including individuals in

                   the farming community, and he provided this advice in exchange for a flat fee that he

                   charged to his clients.


                        The order finds in order to facilitate Hendershott’s furnishing of advice with

                   respect to the hedging of his clients’ crop production, Hendershott arranged to have

                   his clients open accounts with a CFTC-registered futures commission merchant, and

                   he assisted in the account opening process for each of the clients he introduced. In

                   addition, according to the order, he traded on behalf of many of his clients, placing

                   orders in their accounts for futures contracts such as wheat, soybeans, oats, corn, and


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