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-----Original Message-----
From: Andy <adle@xxxxxxxxxx>
To: enforcement@xxxxxxxx <enforcement@xxxxxxxx>
Cc: omega-list@xxxxxxxxxx <omega-list@xxxxxxxxxx>
Date: Monday, June 08, 1998 3:11 PM
Subject: Solicitation for business on Internet
>CALL FOR IMMEDIATE ACTION BY A CONCERNED CONSUMER
>
>mailto:enfrorcement@xxxxxxxx
>
>mailto:public_affairs@xxxxxxx
>
>Dear NFA below find a solscitation for business by Michael A. Mermer, CTA
>that he posted publicly on
>the internet. LOOK at the claims of an audited record and the claims of
100%
>profits. It is a clear
>solicitation for business which he is claiming an audited account exist to
>back his claim. He being
>a informational CTA and not a real CTA, is not subject to the same
stringent
>laws and once a year
>auditing that a real CTA has to go through. I do not believe he can hold
>himself up and represent
>himself the way he is. If he continues to claim 100% profits and audited
>accounts. Please by all
>means force him to become a NFA member so that he can be held accountable
>for the inaccuracies of
>his claim. Please visit this web site and read the claims for yourself!
>
>Below are some items I pulled off of the web
>sitehttp://www.traderssoftware.com
>
>---------------------------------------------X
>Michael A. Mermer, CTA, Pres. & CEO of TSCI
>"Developers of the ETS Trading System for TradeStation & SuperCharts and
>the ETS Fax/Online Broadcast Advisory" Sales: 800.637.6529
>Advisory Support: 561.451.4497
>ETS System Support/Upgrades: 561.451.8899
>Fax: 561.451.0034
>URL: http://www.traderssoftware.com
>E-mail: tsci@xxxxxxxxxxxxxx
>---------------------------------------------X
>==========================================================
>
>
>Mr. Mermer and TSCI are registered informational CTA's
>with the CFTC and do not manage accounts at this time.
>
>Up 100%* with low drawdown. See our recent S&P performance
>
>>>From daytrading to long term position trading, ETS is the only trading
>system you will ever need to
>make money in the markets. We are
>a CTA and our system and advice will help you make money!
>
>Join the 600 + banks, institutions, governments, fund and money managers
and
>individual traders who
>have become our clients. Version
>3.02b is ready to ship! Now you can own ETS, the System that Moves the
>MarketŠ. We have limited
>sales to 250 copies per year.
>
>The program includes a historical guarantee
>
>The program, originally released in 1993, was designed by master technician
>and CTA, Michael A.
>Mermer, who has helped many hundreds of traders achieve their goals.
>
>The System has been profitable both before and after its release, being
>highly rated by Futures
>Truth and we can help you trade it with our real-time S&P/OEX advisory.
>
>We are looking to establish long term professional relationships with
>serious traders only who will
>make a commitment to follow the system make money on a weekly basis. If you
>want to start trading
>now and be given opportunities to make big money every week, then all you
>need to do to get started
>is to fax-back the Order Form to us to begin your service.
>
>We do all the work. All you need is a fax machine, brokerage account and
the
>willingness to take the
>recommendations. Subscriptions are limited so subscribe now!
>
>Note: We act in an advisory capacity and do not manage accounts at this
>time.
>
>No support calls will be accepted on our 800 sales lines or other numbers
>not assigned for Advisory
>support.
>
>Note that if you do have your account traded by broker-assist, it is your
>account in your name and
>any arrangements made in this regard are made between you and your broker
>and made at your own
>expense and risk. We at TSCI are not brokers, do not manage accounts or
>trade for you and act solely
>in an informational capacity.
>
>If you are a client, please contact us for a current list of brokes who are
>trading this for their
>cleints.
>
>Futures Truth does not "back-test" as they only do walk-forward testing
from
>the date they start
>covering a system. So do not expect to see any results from them at this
>time positive or negative.
>You can however verify whether or not certain trades were made.
>
>Testimonials
>
>These are some of the real testimonials we have received from clients:
>
>"Your advisory is truly the best in the business and I recommend it highly"
>
>" Great Web site for a great program" .
>
>"Especially like your [pre-open] morning updates"
>
>"Your hotline really helps me when I need to go out of the office"
>
>"Would be lost without you"
>
>"I get alot of advisories, but yours is true quality like I have never seen
>before"
>
>" I use your signal to help me make money in the market"
>
>"I know where to take profits now that I started trading your system"
>
>"A bargain at $125.00 per month, you should charge much more"
>
>"Gives me confidence in my trading"
>
>"Keep up the good work and don't let too many traders in on your secrets"
>
>"I like the fact that you never have big losses and manage to limit your
>losses to small losses"
>
>"Your faxes are clear and concise and received by me in a timely manner"
>
>"The support you offer is great. Most advisors don't even have phones where
>you can reach them. You
>do and I like the fact that you handle your calls
>personally"
>
>"Thanks for being there for that special advice on the recent trade. You
>helped me get out of my
>losing position (I took on my own) and converted it to a winner from one of
>your trades"
>
>"I like that you cover the Mini Value Line Futures. I have a small account
>($5,000) and now I can
>trade the market too. No one else covers the Mini!"
>
>"Made money on my very first trade"
>
>"Your unique perspective really gives me insight to the markets"
>
>"Wish your advisory would cover real-time bonds and currencies as well"
>
>"Your Service is excellent. Absolutely the BEST I have ever seen. Thank
>you."
>
>
>RETRIEVED FROM MIKES WEB SITE WHERE HE CLAIMS TO MOVE THE MARKETS, HE IS
>NOT A REAL CTA, BEWARE HE CAN CLAIM ANYTHING AND NOT BE HELD ACCOUNTABLE
>AS A REAL CTA CAN BE... HE IS A PUBLISHING CTA AND THAT'S ALL.HIS CLAIM
>OF AN AUDITED ACCOUNT MEANS NOTHING, IF HE MADE THE
>KIND OF RETURNS HE CLAIMS HE WOULD BE MANAGING MONEY AND NOT SELLING
>SYSTEMS
>
>
>mailto:enforcement@xxxxxxxx
>
>mailto:public_affairs@xxxxxxxxxxxxxxx
>
>-- Required CFTC Risk Disclaimer
>
>While there is great potential for reward trading futures and options,
>there is also risk of loss in all futures and options trading and you
>must decide your own suitability to trade. Future trading results can
>never be guaranteed. This is not an offer to buy or sell futures,
>options or commodity interests. Simulated performance results have
>certain inherent limitations. Unlike an actual performance record,
>simulated results do not necessarily represent actual trading. Also,
>since the trades may or may not have actually been executed, the
>results may have under or over compensated for the impact, if any of
>certain market factors such as lack of liquidity. Simulated trading
>programs in general are also subject to the fact that they may have been
>designed with the benefit of hindsight. No representation is being made
>that any account will or is likely to achieve profits or losses similar
>to those shown. All trades are made are at your own risk for you own
>account. Past performance is never a guarantee of future performance.
>
><<<<<<<<<<<<<<<<<<<<<<<<<<<
>You are not as you state below a real CTA one who has to report to the
>NFA and the CFTC. So what this means is that you can lie and
>misrepresent ate your claims of profits outside the regulatory arm of
>the CFTC which is the NFA. You do not have a series 3 license and
>therefore you can claim anything you want as long as you can get away
>with it. They can get you and I'm sure in the next few days by the NFA.
>You should have read the archives of the Omega List before you stepped
>out to make the 100% return claims you did. If you had you would have
>known that there are some here that really know
>what's what in this business. Very few indeed.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>
>
>Mr. Mermer and TSCI are registered informational CTA's with the CFTC and
>do not manage accounts at this time.
>
>
>
>
>
>
>
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