Forex Firms Hit With CFTC Fraud Charges Over $7.6M Pool

Tuesday, 29/10/2024 | 07:01 GMT by Damian Chmiel
  • US regulator alleges FX trading companies and founder conducted fraud scheme targeting 40 investors.
  • Defendants reportedly operated unregistered commodity pools and misappropriated investor funds in a Ponzi-style scheme.
The CFTC office building in Washington DC
The CFTC office building in Washington DC

Federal regulators have filed charges against two Louisiana companies and their founder for allegedly orchestrating a multi-million dollar Forex (FX) trading fraud that targeted dozens of investors.

CFTC Alleges $7.6 Million Forex Trading Scheme

The Commodity Futures Trading Commission (CFTC) filed a civil enforcement action against NOLA FX Capital Management, LLC, Meteor, LLC, and their founder Michael B. DePetrillo in the US District Court for the Eastern District of Louisiana. The regulator alleges the defendants reportedly operated an elaborate scheme that defrauded at least 40 individuals out of approximately $7.6 million.

According to the CFTC's complaint, DePetrillo and his companies allegedly ran an unregistered commodity pool operation from July 2017 until the present, promising investors their money would be used for foreign currency trading through an entity called NOLA FX Fund, LLC.

“The defendants allegedly sent false account statements to pool participants showing purported profits and trading activity, when in fact none existed,” CFTC commented. “Instead of trading as promised, the defendants misappropriated pool funds. The defendants used these misappropriated funds to make payments to existing pool participants in a manner akin to a Ponzi scheme , pay DePetrillo’s personal expenses and to conduct personal trading in DePetrillo’s personal trading accounts.”

The case has also caught the attention of criminal authorities, with the US Attorney's Office for the Eastern District of Louisiana filing parallel criminal charges against DePetrillo.

Recent CFTC Actions

In August, the CFTC fined NinjaTrader Clearing, LLC (NTC) $983,425 for inadequate oversight of employee conduct in handling accounts linked to a fraud case. The Illinois-based firm, a futures commission merchant, failed to act promptly on a statutory restraining order that mandated freezing or restricting the affected accounts.

Additionally, two months ago, the CFTC imposed a $22 million fine on Nasdaq Futures, Inc. for regulatory violations related to its Designated Market Maker (DMM) program, which ran from July 2015 to July 2018 and incentivized energy futures contract trades.

In the meantime, the conflict between US regulators and cryptocurrency firms has intensified, with nearly $32 billion collected in settlements since 2019, according to CoinGecko. The CFTC has spearheaded many of these efforts, with its most notable action targeting the defunct crypto exchange FTX and its affiliate, Alameda. In August 2024, nearly two years after FTX's collapse, the CFTC announced a $12.7 billion penalty settlement against these companies.

Federal regulators have filed charges against two Louisiana companies and their founder for allegedly orchestrating a multi-million dollar Forex (FX) trading fraud that targeted dozens of investors.

CFTC Alleges $7.6 Million Forex Trading Scheme

The Commodity Futures Trading Commission (CFTC) filed a civil enforcement action against NOLA FX Capital Management, LLC, Meteor, LLC, and their founder Michael B. DePetrillo in the US District Court for the Eastern District of Louisiana. The regulator alleges the defendants reportedly operated an elaborate scheme that defrauded at least 40 individuals out of approximately $7.6 million.

According to the CFTC's complaint, DePetrillo and his companies allegedly ran an unregistered commodity pool operation from July 2017 until the present, promising investors their money would be used for foreign currency trading through an entity called NOLA FX Fund, LLC.

“The defendants allegedly sent false account statements to pool participants showing purported profits and trading activity, when in fact none existed,” CFTC commented. “Instead of trading as promised, the defendants misappropriated pool funds. The defendants used these misappropriated funds to make payments to existing pool participants in a manner akin to a Ponzi scheme , pay DePetrillo’s personal expenses and to conduct personal trading in DePetrillo’s personal trading accounts.”

The case has also caught the attention of criminal authorities, with the US Attorney's Office for the Eastern District of Louisiana filing parallel criminal charges against DePetrillo.

Recent CFTC Actions

In August, the CFTC fined NinjaTrader Clearing, LLC (NTC) $983,425 for inadequate oversight of employee conduct in handling accounts linked to a fraud case. The Illinois-based firm, a futures commission merchant, failed to act promptly on a statutory restraining order that mandated freezing or restricting the affected accounts.

Additionally, two months ago, the CFTC imposed a $22 million fine on Nasdaq Futures, Inc. for regulatory violations related to its Designated Market Maker (DMM) program, which ran from July 2015 to July 2018 and incentivized energy futures contract trades.

In the meantime, the conflict between US regulators and cryptocurrency firms has intensified, with nearly $32 billion collected in settlements since 2019, according to CoinGecko. The CFTC has spearheaded many of these efforts, with its most notable action targeting the defunct crypto exchange FTX and its affiliate, Alameda. In August 2024, nearly two years after FTX's collapse, the CFTC announced a $12.7 billion penalty settlement against these companies.

About the Author: Damian Chmiel
Damian Chmiel
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Damian's adventure with financial markets began at the Cracow University of Economics, where he obtained his MA in finance and accounting. Starting from the retail trader perspective, he collaborated with brokerage houses and financial portals in Poland as an independent editor and content manager. His adventure with Finance Magnates began in 2016, where he is working as a business intelligence analyst.

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