David Rothner and Nancy J. Rothner - Page 5

                                        - 5 -                                         
          member trading for his own account.  Petitioner would, for                  
          instance, sell futures contracts to Mr. Elliott, and another                
          member of petitioner's brokerage association would buy the same             
          contracts from Mr. Elliott.  The trades were executed at market             
          prices, and Mr. Elliott was not paid for accommodating                      
          petitioner's brokerage association.  Trading through Mr. Elliott            
          was "helpful" to petitioner's business.                                     
               The CME's rules allow it to conduct disciplinary proceedings           
          against its members for violations of its rules and to impose               
          sanctions on its members if violations are found to have                    
          occurred.  Enforcement of the CME's rules is generally conducted            
          through investigators employed by it and a committee with                   
          authority to bring charges of violations, to conduct hearings,              
          and to impose punishment.  Disciplinary violations may result in            
          sanctions which may include monetary fines, suspension of trading           
          privileges, or expulsion.  When the CME conducts disciplinary               
          proceedings involving any of its members or takes disciplinary              
          action against any of them, it does not act as an agency or agent           
          of any government.                                                          
               During September 1987 through March 1988, CME employees                
          monitored the floor brokerage activity of petitioner's                      
          association, including the portion of its members' trades                   
          involving Mr. Elliott.  As a result, during 1989, the CME                   
          conducted disciplinary proceedings against petitioner, Mr.                  
          Lowrance, Mr. Maloney, and Mr. Elliott.  The transactions on                




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011