The U.S. Commodity Futures Trading Commission has commenced a civil action in federal court against Trevor Vernon and Argent Capital Management LLC. According to regulators, the defendants operated an illegal commodity pool engaged in the trading of cryptocurrencies, futures, and options. As mentioned in the complaint, nearly 60 individuals have invested close to $14 million in the trading scheme. The agency claims that Vernon used the marketing scheme to promote himself as a seasoned trader through investor communications and performance updates.
Instead, regulators claim that the accounts of the participants have incurred significant and consistent losses during the period. As per the complaint, the trading scheme involved trading in cryptocurrencies as well as equity index futures and options contracts. Additionally, regulators claim that Vernon has continued attracting participants even while he faced losing trades. The agency has contended that the investors were misled by the wrong financial updates during their decision-making process. As per the complaint, Vernon referred to the scheme as highly profitable despite the growing losses.
Regulators Accuse of Trading Losses and Failure to Register
According to the CFTC, Vernon had incurred losses worth at least $8.6 million as he traded in cryptocurrencies, futures, and options through participant funds. Regulators say the losses run contrary to representations about profitability in trading performance. According to the complaint, Argent Capital Management has not registered with the CFTC before operating the commodity pool.
Regulators further say that Vernon misrepresented the company’s status as regulated to investors during the raising of funds. In addition, Vernon is said to have made misleading statements under oath during the course of the investigation. CFTC says the actions violated various requirements under the Commodity Exchange Act and rules of the agency. The regulators have sought civil monetary penalties, restitution to investors, disgorgement, trading prohibitions, registration bans, and permanent injunctions from Vernon.
The enforcement action is still pending in the U.S. District Court for the Western District of North Carolina. The case shows continued focus on enforcement of investment programs involving cryptocurrencies and derivative trading by regulators. The authorities will continue to focus on the issue of registration as well as accurate disclosures by firms operating commodity pool investments.
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