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This is from the Omega Listserver, with names and addresses removed.
Be careful, people.
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----- Original Message -----
From: RL
To: Omega List
Sent: May 11, 1999 11:44
Subject: CFTC Strikes!
I just got a Certified Letter from a Trial Attorney at CFTC.
They ask for all documents published, maintained, issued, written and/or
distributed by E (my company) concerning "I" (my system);
A list of all present anf former subscribers, customers and/or clients
for "I" including addresses and telephone numbers;
Copies of all promotional brochures, advertisements and/or other
descriptive literature concerning "I";
Copies of all correspondence received from or sent to present or
former subscribers of "I".
Now the laughable part is that I have never had ANYONE at ANY TIME
pay me ANYTHING for the results of a system-in-testing! The frightening
part is that someone at CFTC is either mining the Web (unlikely, as
I can't find my Web page with HotBot or Lycos) OR they are monitoring
this e-mail list.
In that I never charged and only used the Web page to present the
results of a scientific test of the system --- AND given that my
attorney is the former State Attorney General and he advised me I
was OK if I didn't charge and didn't hold myself out to be an advisor
(I ALWAYS stated I didn't know how to trade ...) --- I hope to
clear this up with a letter.
I will keep the list informed. I called the CFTC Trial Attorney and
got voice mail. They may even return the call.
Cheers,
RL
----- Original Message -----
From: MS
To: Omega List
Sent: May 11, 1999 12:38
Subject: Re: CFTC Strikes!
RL,
In my opinion, The CFTC is going to try to charge you with failing to
register as a CTA. I sincerely hope that you can clear this up with a letter
but doubt it.
Once anyone is registered, the CFTC has a legal right to demand subscriber
lists, financial records and anything else even remotely related.
Again, in my opinion this is OK if the CTA is managing money, has power of
attorney or gives individual advice.
If you have only used this or another list to talk about your program, then
you haven't given individual advice. However, if you have communicated with
an individual and given any advice or opinion to an individual, BINGO.
Good luck RL,
MS
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