Tagged: risk disclosure statement

Merrill Lynch, MERRIL EDGE Investing, MarketPro™ = They are counter party on: BATS |BIDS ATS |NYSE Amex, Arca|Chicago, EDGA, EDGX, ISE Stock Exchange|eBX/LeveL ATS|CBOE C21|Nasdaq Options Market |OMX Phlx.

Pertains to ALL accounts up to and including NASDAQ Level II accounts

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The Merril Lynch website is designed to look different than typical trading sites. There’s no Risk Statement link. It actually took over an hour of searching to find what I was looking for- the info that’s normally under “risk statement” or “customer account agreement” – The statement where they inform you about whats really going on.  
They are required to tell you the truth -and they do. It says you cant trust their advice because they are paid to tell you where to invest by the various exchanges and or by the fund/securities provider. They state that they:  Act as the counter party, Purchase holdings against you, act as market makers, profit 100% from acting as the Principle. They advise you to do what will make them the most money- regardless of if its thru your gain or your loss of funds. There’s more-  read below….

Please read the statement below. Warn anyone you know who invests thru Merril Lynch in ANY form at all (mutual funds, securities, stock, all forms of investing)

To follow my path to the information- start here: http://www.ml.com/index.asp?id=7695_15125 scroll to bottom of short page and click  Legal Information.  On that page – scroll down to Routing and Execution Disclosures Made Pursuant to Rules 605 and 606 of SEC Regulation NMS. At the end of the second paragraph of Rule 606 select: “click here” which takes you to this page: Material Aspects of Relationship with Route Venues which I copied to below.
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Resource links:
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and

Merrill Edge MarketPro

SEC Rule 606 Reports – Merrill Lynch, Pierce, Fenner & Smith Incorporated

Disclosure Information:

Disclosure Information: Material Aspects of Relationships with Venues to Which Customer Orders are Routed Merrill Lynch, Pierce, Fenner & Smith Incorporated (“MLPF&S”) is a broker-dealer that executes customer orders as agent and/or principal and receives remuneration for performing these execution services. MLPF&S acts as a registered market maker in numerous Nasdaq securities and may execute customer orders in such securities on a principal basis. MLPF&S also may principally commit capital to facilitate customer transactions or serve as the contra-side to customer orders executed internally through one of the alternative trading systems operated by MLPF&S.
Investors should understand that MLPF&S stands to realize 100% of any profits or losses generated when MLPF&S trades as agent and/or principal in respect of customer orders.
Aside from holdings that MLPF&S may acquire from time-to-time as part of its ordinary market making, block positioning, client facilitation and related hedging activities, MLPF&S (or an affiliate under common control) may acquire equity stakes in market centers as part of a strategic investment. In this regard, MLPF&S or an affiliate owns a minority equity investment stake in the following market centers and therefore stands to participate as a shareholder/investor in the profits that each market center realizes in part from the execution of securities transactions, including transactions that may involve orders for the accounts of MLPF&S customers: (i) BATS Exchange, (ii) BIDS ATS, (iii) NYSE Amex, (iv) Chicago Stock Exchange, (v) Direct Edge Holdings (EDGA Exchange, EDGX Exchange and ISE Stock Exchange), (vi) eBX/LeveL ATS, (vii) NYSE Arca, (viii) NYSE Amex, (ix) CBOE C2, (x) Nasdaq Options Market, (xi) Nasdaq OMX Phlx.
Additionally, MLPF&S is affiliated with Merrill Lynch Professional Clearing Corp. (“ML Pro”), which acts as a market maker on certain options exchanges, including the CBOE, CBOE C2, ISE, BATS Exchange, NYSE Arca, NYSE Amex, Nasdaq Options Market and Nasdaq OMX PHLX. Accordingly, MLPF&S may stand to indirectly share in the profits or losses that ML Pro generates by transacting as options market maker, including transactions that may involve orders for the accounts of MLPF&S customers.
MLPF&S routes customer and proprietary orders to national securities exchanges, alternative trading systems, electronic communications networks, and broker-dealers. Based on their fee schedules, certain market centers offer credits for orders that provide liquidity to their books and assess fees for orders that take liquidity from their books. In some cases, the credits offered by a market center to MLPF&S over a period of time may exceed the charges assessed. MLPF&S participates in the options order flow programs sponsored by the NYSE Amex Options, CBOE, ISE, NYSE Arca and PHLX. These exchange-sponsored programs offer payments for listed option orders that are directed to such options markets.
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I’m now researching the UK business documents and will post that info in a separate post. Link to the UK data on their website is here:

http://www.ml.com/?id=7695_71373_71375_71390

Comment in Global Wealth Management documents :

Where this communication is sent by a branch of Merrill Lynch International Bank Limited, please note that mutual fund materials are only directed at persons to whom, and are distributed only to persons to whom, unregulated collective investment schemes may be promoted in accordance with the rules of the UK Financial Services Authority, including in particular Rule 3.11 of the Conduct of Business sourcebook (“relevant persons”). Such investments are available only to, and any invitation, offer or agreement to subscribe, purchase or otherwise acquire such investments will be engaged in only with, relevant persons. Any person who is not a relevant person should not act or rely on these materials. Merrill Lynch does not operate as a banking entity in all jurisdictions.

while its detailing that only the person whom it was sent to is whom can act on the offer- it reveals that the Financial Services Authority in UK allows Unregulated Collective Investment Schemes!

The Financial Services Authority is in charge of Regulating financial services – so why would it permit unregulated activities to be promoted to anyone?

 

 

     
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2,2014 FOREX.COM/GAIN CAPITAL risk statement CRITICAL FACTS -why they are NO GOOD!!

It drives me crazy that people sign these agreements without understanding what they are agreeing to! If you did understand- there’s no way you would sign!

BY SIGNING – YOU HAVE AGREED TO ALLOW THEM TO RIP YOU OFF USING MULTIPLE METHODS TO DO IT AND HAVE ALSO AGREED THAT YOU WONT TAKE ACTION AGAINST THEM FOR DOING IT.

FOREX.COM is GAIN CAPITAL

The following are just some of what you are agreeing to-First- they make sure you know they are working against you and that you cannot trust them. They detail how they will move the market against you and then have you agree with them doing this to you.

copied from the secondary risk statementon feb 20,2014 http://www.forex.com/pdf/secondary.pdf

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Please understand that all of your capital may be at risk.
FOREX IS AN OVER THE COUNTER (OTC) MARKET, MEANING THE FOREIGN CURRENCY TRADING YOU ARE ENTERING INTO IS NOT CONDUCTED ON AN EXCHANGE.
AS A MARKET MAKER, FOREX.COM IS THE COUNTERPARTY IN THESE TRANSACTIONS AND, THEREFORE, ACTS AS THE BUYER WHEN YOU SELL AND THE SELLER WHEN YOU BUY. AS A RESULT, FOREX.COM’S INTERESTS MAY BE IN CONFLICT WITH YOURS. UNLESS OTHERWISE SPECIFIED IN YOUR WRITTEN AGREEMENT OR OTHER WRITTEN DOCUMENTS
FOREX.COM ESTABLISHES THE PRICES AT WHICH IT OFFERS TO TRADE WITH YOU. THE PRICES OFFERED MIGHT NOT BE THE BEST PRICES AVAILABLE AND DIFFERENT PRICES MAY BE OFFERED TO DIFFERENT CUSTOMERS.
IF FOREX.COM ELECTS NOT TO COVER ITS OWN TRADING EXPOSURE, THEN YOU SHOULD BE AWARE THAT
FOREX.COM MAY MAKE MORE MONEY IF THE MARKET GOES AGAINST YOU. ADDITIONALLY, SINCE FOREX.COM
ACTS AS THE BUYER OR SELLER IN THE TRANSACTION, YOU SHOULD CAREFULLY EVALUATE ANY TRADE
RECOMMENDATIONS YOU RECEIVE FROM FOREX.COM OR ANY OF ITS SOLICITORS.

I have read, and understand the Risk Disclosure

INTERPRETATION:

  • You are ONLY trading against your broker.                                                             
  • Your broker can choose to not cover their own exposure- causing the market to swing against you because they will profit more that way. 
  • They control the prices you see+ they are the only other person trading with you therefore- they create the appearance of a market swing- to take your money away from you.
  • They are allowed to manipulate you by providing bad reccommendations.

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Customer Agreement

http://www.forex.com/forex-account-forms.html

4.1.
Pricing Information
.
FOREX.com will make available, by posting on the
FOREX.com Online Trading System , MetaTrader®Online
Trading System or by telephoning the FOREX.com
Trading Desk, Bid Prices and Ask Prices at which FOREX.com
is prepared to enter Foreign Currency Contracts Cross Currency Contracts
, or Metal Contracts with Customer. Each Bid Price or Ask Price shall be for a Spot
Contract with a specified Value Date and shall specify each Eligible Foreign Currency or tradable U.S. dollar based currency pairs involved where applicable
.FOREX.com expects that these prices will be reasonably related to the bid prices and ask prices available in the market at that time for similar transactions, but a number of factors, such as communication system delays, high volume or volatility can result in deviations between prices quoted by FOREX.com and other sources. FOREX.com makes no warranty, express or implied, that Bid Prices and Ask Prices represent prevailing bid prices and ask prices. In addition, these Bid and/or Ask Prices may reflect, at the direction of the Introducing Broker named above, additional pips added to the BID and/or ASK price that may result in an increase of the dealable spread available for the Customer’s account as well as a per trade or per lot commission and/or fees

INTERPRETATION:

They are not obligated to use prices that match what you might find on another site -keeping in mind- everyone makes there own prices and there is no actual market- your still just trading against your broker. Not other customers- meaning “high volume” and “volatility” don’t exist. They create the appearance of that environment at will.

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5.MARGIN REQUIREMENTS

Customer’s Account will be under the control of FOREX.com FOREX.com may change Margin requirements at any time, without prior notice to Customer, and may call for additional Margin (“Margin Call”) at (x) any time Customer’s Margin Balance falls below FOREX.com ’s Minimum Margin Requirement as applied to that Account;and (y) any timeFOREX.com, in its sole discretion, believes that it is prudent to do so.FOREX.com may at any time liquidate Customer’s Account in accordance with Paragraph 9.FOREX.com may withdraw funds from the Customer’s account without notice: (x) to ensure that Posted Margin equals or exceeds Required Margin; and (y) to satisfy any payment obligation to FOREX.com, including commissions,fees and charges in respect of Customer’s Account.

INTERPRETATION:

  • They control your account
  • They can change your margin requirement for no reason at all and
  • They don’t have to tell you before they change it. Furthermore
  • They can liquidate your account if it doesnt meet the new limit
  • and do it without prior notice

You want to know how these companies take peoples money? You sign an agreement that says they can! Who in there right mind would agree to have them get to move your margin limit without warning or notification? Then get to liquidate your account based on the new requirement- without ever notifying you! And they get to do this at their sole discretion- that means they are not required to have any form of valid reason. They can do it just because they feel like it.  They have the freedom to decide what the margin will be at their sole discretion as well- there are no standards they have to follow. They can double your margin requirement, or triple it- well… they will move it exactly enough to make sure you dont have enough in your account to cover it- at the same time swinging the market against your outstanding orders- thereby not only taking all your money- but making it so you then owe them money for the losses that happened when they liquidated.

I dont have time to keep writing this all out-  just read each paragraph carefully-The words that alert you to foul play are as follows

“at it’s sole discretion”  = “just cuz they feel like it” no reason required!

“without prior notice” = They can do it without warning you

“without notice”= they don’t have to tell you they did something- like change the agreement- and continuing to trade = agreeing to the changes they made- but how are you supposed to know changes were made?  exactly!

read these sections carefully!
4.3. Trade Matching
4.5.  Position& Trading Limits (they can control the speed you trade, the number of contracts you can hold- whatever is necessary to keep you from getting ahead.
REMEMBER- their income comes from taking your money. For you to profit- they have to take a loss. Commission is only a tiny recoup of the money they lost- it’s not a profit for them at all. To stay in business- they can’t let you keep any money you win and they have to take your money as well. They are paid to use all these rules to make sure you walk away with nothing. If you have made money- they will make it hard to get it out – while making the market suddenly look favorable- so you will reinvest not just your starting money- but your profits as well- and they keep you winning until you get confident and get close to your margin- then boom- they  move your margin and take everything.
FXCM told me how this is all done. The whole game that is being played on people. He told me (back in 2009) that no one had ever walked away with one dime from them. Every single person that traded with them eventually lost everything- and then some. He was the CEO of the company- warning me not to trade a charity’s money. At least they had enough morals to stop me. While I’m grateful- I took it upon myself to try warn everyone else.
I don’t even know if anyone is being saved by my blog. If anyone even cares that this blog exists. 
If you want me to keep writing this blog- please tell me as a comment.
.
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June 6, 2013 CFTC today also announced the issuance of a joint CFTC and SEC Consumer Alert on fraudulent schemes involving binary options and their trading platforms. ALERT ATTACHED

copied from cftc website

http://www.cftc.gov/PressRoom/PressReleases/pr6602-13

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The CFTC today also announced the issuance of a joint CFTC and SEC Consumer Alert on fraudulent schemes involving binary options and their trading platforms. The Alert warns customers that the perpetrators of these schemes allegedly refuse to credit customer accounts, deny fund reimbursement, commit identity theft, and manipulate software to generate losing trades.

Last Updated: June 6, 2013

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Consumer Alert

CFTC Fraud Advisories

The Commodity Futures Trading Commission’s (CFTC) Office of Consumer Outreach and the Securities & Exchange Commission’s Office of Investor Education and Advocacy are issuing this Investor Alert to warn about fraudulent schemes involving binary options and their trading platforms. These schemes allegedly include refusing to credit customer accounts, denying fund reimbursement, identity theft, and manipulation of software to generate losing trades.

Binary Options

Binary options differ from more conventional options in significant ways. A binary option is a type of options contract in which the payout will depend entirely on the outcome of a yes/no proposition.

The yes/no proposition typically relates to whether the price of a particular asset that underlies the binary option will rise above or fall below a specified amount. For example, the yes/no proposition connected to the binary option might be something as straightforward as whether the stock price of XYZ company will be above $9.36 per share at 2:30 pm on a particular day, or whether the price of silver will be above $33.40 per ounce at 11:17 am on a particular day. Once the option holder acquires a binary option, there is no further decision for the holder to make as to whether or not to exercise the binary option because binary options exercise automatically. Unlike other types of options, a binary option does not give the holder the right to purchase or sell the underlying asset. When the binary option expires, the option holder will receive either a pre-determined amount of cash or nothing at all. Given the all-or-nothing payout structure, binary options are sometimes referred to as “all-or-nothing options” or “fixed-return options.”

Binary Options Trading Platforms

Some binary options are listed on registered exchanges or traded on a designated contract market that are subject to oversight by United States regulators such as the CFTC or SEC, respectively, but this is only a portion of the binary options market. Much of the binary options market operates through Internet- based trading platforms that are not necessarily complying with applicable U.S. regulatory requirements. The number of Internet-based trading platforms that offer the opportunity to purchase and trade binary options has surged in recent years. The increase in the number of these platforms has resulted in an increase in the number of complaints about fraudulent promotion schemes involving binary options trading platforms.

Typically, a binary options Internet-based trading platform will ask a customer to deposit a sum of money to buy a binary option call or put contract. For example, a customer may be asked to pay $50 for a binary option contract that promises a 50% return if the stock price of XYZ Company is above $5 per share when the option expires.

If the outcome of the yes/no proposition (in this case, that the share price of XYZ Company will be above $5 per share at the specified time) is satisfied and the customer is entitled to receive the promised return, the binary option is said to expire “in the money.” If, however, the outcome of the yes/no proposition is not satisfied, the binary option is said to expire “out of the money,” and the customer may lose the entire deposited sum.

There are variations of binary option contracts in which a binary option that expires out of the money may entitle the customer to receive a refund of some small portion of the deposit—for example, 5%—but that is not typically the case.

In fact, some binary options Internet-based trading platforms may overstate the average return on investment by advertising a higher average return on investment than a customer should expect given the payout structure. For instance, in the example above, assuming a 50/50 chance of winning, the payout structure has been designed in such a way that the expected return on investment is actually negative, resulting in a net loss to the customer. This is because the consequence if the option expires out of the money (approximately a 100% loss) significantly outweighs the payout if the option expires in the money (approximately a 50% gain). In other words, in the example above, an investor could expect, on average, to lose money.

Investor Complaints Relating to Fraudulent Binary Options Trading Platforms

The CFTC and SEC have received numerous complaints of fraud associated with websites that offer an opportunity to buy or trade binary options through Internet-based trading platforms. The complaints fall into at least three categories: refusal to credit customer accounts or reimburse funds to customers; identity theft; and manipulation of software to generate losing trades.

The first category of alleged fraud involves the refusal of certain Internet-based binary options trading platforms to credit customer accounts or reimburse funds after accepting customer money. These complaints typically involve customers who have deposited money into their binary options trading account and who are then encouraged by “brokers” over the telephone to deposit additional funds into the customer account. When customers later attempt to withdraw their original deposit or the return they have been promised, the trading platforms allegedly cancel customers’ withdrawal requests, refuse to credit their accounts, or ignore their telephone calls and emails.

The second category of alleged fraud involves identity theft. For example, some complaints allege that certain Internet-based binary options trading platforms may be collecting customer information such as credit card and driver’s license data for unspecified uses. If a binary options Internet-based trading platform requests photocopies of your credit card, driver’s license, or other personal data, do not provide the information.

The third category of alleged fraud involves the manipulation of the binary options trading software to generate losing trades. These complaints allege that the Internet-based binary options trading platforms manipulate the trading software to distort binary options prices and payouts. For example, when a customer’s trade is “winning,” the countdown to expiration is extended arbitrarily until the trade becomes a loss.

Unregistered Transactions, Operations, Broker-Dealers, or Trading Exchanges; Illegal Options Transactions

In addition to ongoing fraudulent activity, many binary options trading platforms may be operating in violation of other applicable laws and regulations, including certain registration and regulatory requirements of the CFTC and SEC, as described below.

Certain Registration and Regulatory Requirements of the SEC

For example, some binary options may be securities. Under the federal securities laws, a company may not lawfully offer or sell securities unless the offer and sale have been registered with the SEC or an exemption from such registration applies. For example, if the terms of a binary option contract provide for a specified return based on the price of a company’s securities, the binary option contract is a security and may not be offered or sold without registration, unless an exemption from registration is available. If there is no registration or exemption, then the offer or sale of the binary option to you would be illegal.

If any of the products offered by binary options trading platforms are security-based swaps, additional requirements will apply.

In addition, some binary options trading platforms may be operating as unregistered broker-dealers. A person who engages in the business of effecting securities transactions for the accounts of others in the U.S. generally must register with the SEC as a broker-dealer. If a binary options trading platform is offering to buy or sell securities, effecting transactions in securities, and/or receiving transaction-based compensation (such as commissions), it likely should be registered with the SEC. to determine whether a particular trading platform is registered with the SEC as a broker-dealer, visit FINRA’s BrokerCheck.

Some binary options trading platforms may also be operating as unregistered securities exchanges. This would be the case if they matched orders in securities of multiple buyers and sellers using established non- discretionary methods. However, there are cases where a registered broker-dealer with a trading system or platform may legitimately have no obligation to register as an exchange.

Certain Registration and Regulatory Requirements of the CFTC

It is illegal for entities to solicit, accept offers, offer to or enter into commodity options transactions (for example, foreign currencies, metals such as gold and silver, and agricultural products such as wheat or corn) with U.S. citizens, unless those options transactions are conducted on a designated contract market, an exempt board of trade, or a bona fide foreign board of trade, or are conducted with U.S. customers who have a net worth that exceeds $5 million.

To date, only one entity that offers binary options has been granted status as a designated contract market— the North American Derivatives Exchange, Inc. All other entities that are offering binary options that are commodity options transactions are doing so illegally.

Further entities that solicit or accept orders for commodity options transactions and accept, among other things, money to margin, guarantee, or secure the commodity options transactions must register as a Futures Commission Merchant. Entities that act as the counterparty (that is, they take the other side of the transaction from the customer as opposed to matching orders) for foreign currency options transactions for customers with a net worth of less than $5 million must register as a Retail Foreign Exchange Dealer.

Because of their lack of compliance with applicable laws, if you purchase binary options offered by persons or entities that are not registered with or subject to the oversight of a U.S. regulator, you may not have the full benefit of the safeguards of the federal securities and commodities laws that have been put in place to protect investors, as some safeguards and remedies are available only in the context of registered offerings. In addition, individual investors may not be able to pursue, on their own, some remedies that are available for unregistered offerings.

Final Words

• Remember—much of the binary options market operates through Internet-based trading platforms that are not necessarily complying with applicable U.S. regulatory requirements and may be engaging in illegal activity.

• Do not invest in something that you do not understand. If you cannot explain the investment opportunity in a few words and in an understandable way, you may need to reconsider the potential investment.

Before investing in binary options, you should take the following precautions:

1. Check to see if the binary options trading platform has registered the offer and sale of the product with the SEC. Registration provides investors access to key information about the terms of the product being offered. You can use EDGAR to determine whether an issuer has registered the offer and sale of a particular product with the SEC.

2. Check to see if the binary options trading platform itself is registered as an exchange. To determine whether the platform is registered as an exchange, you can check the SEC’s website regarding Exchanges.

3. Check to see if the binary options trading platform is a designated contract market. To determine whether an entity is a designated contract market, you can check the CFTC’s website.

• Finally, before investing, use FINRA’s BrokerCheck and the National Futures Association’s Background Affiliation Status Information Center (BASIC) to check the registration status and background of any firm or financial professional that you are considering. If you cannot verify that they are registered, don’t trade with them, don’t give them any money, and don’t share your personal information with them.

Related Information

The CFTC Office of Consumer Outreach has provided this information as a service to investors. It is neither a legal interpretation nor a statement of CFTC policy. If you have questions concerning the meaning or application of a particular law or rule, please consult with an attorney who specializes in securities law.

The FOREX TRADING lie = WHITE COLLAR CRIME. Who do you call? THE FBI

It’s been a couple weeks since I filed complaints with every branch of the trade industry and consumer protection agencies (6 total) and there has been no results. I have to consider that the level of corruption goes up higher than I thought- involving not just the NSA but also the CFTC. 

Not even the American Gaming Association has reacted to the fact that forex trading platforms- upon becoming self contained systems- became legally a “Gambling Machine” or a tool for “Online Gaming” – both of which fall under their jurisdiction.

CNN replied with a “thanks for your story” but no action has followed. The Attorney General said the CFTC has to address it before they can.  I thought there was nothing more I could do- then ***ping! Duh! This is a federal crime happening on a national level- federal crime = FBI

I think it’s pretty pathetic for just 1 person …. me…. to be fighting so hard to stop something that doesn’t even affect me. I’m doing this to try stop you- the person reading this that does trade “forex” from being ripped off.

People- it’s time for YOU to do your part- COMPLAIN TO THE FBI  ask your broker questions- demand to know if your trading against a computer program. Ask them if your orders are called out- pooled and submitted to anywhere at all- or is it like that blogger says- all my orders are processed right on the platform. Ask them how many platforms are supervised per employee. And are they allowed to alter or adjust the contract price after the transaction has been completed? FIGHT BACK!!

Most importantly- ask to see the companies financial report- the page that shows how much was paid out to customers in 2012.  I noticed a few days ago that on all these financial reports- there’s no line that shows how much was withdrawn by customers that was in excess of what the put into the account. WHERE DOES IT SHOW PROFITS PAID OUT 

Why is that…… oh… I know……………………………………. there aren’t any.  

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White-collar crime is financially-motivated nonviolent crime committed for illegal monetary gain.

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Within criminology, it was first defined by sociologist Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation“.

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The FBI has adopted the narrow approach, defining white-collar crime as “those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence” ____________________________________________________________

  1. Attempt and conspirac
  2. Material involving sexual exploitation of minors
  3. Mail fraud – frauds and swindles
  4. Bank fraud
  5. Prohibition of illegal gambling businesses

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Some forms of corruption—-now called “institutional corruption”[2]—-are distinguished from bribery and other kinds of obvious personal gain. Campaign contributions are the prime example. Even when they are legal, and do not constitute a quid pro quo, they have a tendency to bias the process in favor of special interests, and undermine public confidence in the political institution. They corrupt the institution without individual members being corrupt themselves. A similar problem of corruption arises in any institution that depends on financial support from people who have interests that may conflict with the primary purpose of the institution.

The UNITED STATES FOREX TRADE INDUSTRY has become corrupt.

Barclays Margin FX is partnership of Barclay/FXCM.Using FXCM platform.Has a no-liability clause.

Partnership between Barclay and FXCM results in an extra high risk platform. Because the platform belongs to FXCM- Barclay is able to place a total no-liability clause in the contract. The importion portion of the contract is provided below the merger article. Note that it makes it possible to do whatever they want to the platform and your account without being liable for any losses it causes you. This is not acceptable. Even system malfunctions that cause loss isn’t their problem. They are allowed to turn it off  when there’s “adverse market conditions” This means they can shut it down whenever you obtain a winning position- because it will adversely affect them. This clause pretty much gives them permission to prevent themselves from suffering any losses at any time. By signing- you agree to allow them to do it.  

I copied the agreement information from page 8 of the 25 page account agreement.

resource links:

https://www.barclaysmarginfx.com/sites/default/files/finder/Barclays-Margin-FX-TsCs-2.pdf http://www.ecnforex.co.uk/barclays-stockbrokers-partners-with-fxcm-launches-barclays-margin-fx/

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Oct 1st, 2012  Barclays Stockbrokers Partners with FXCM. Launches Barclays Margin Fx

NYSE Registered, FXCM announced a new partnership with Barclays Stockbrokers to launch a unique retail forex trading offering called Barclays Margin Fx.

The partnership between the two companies is expected to leverage Barclay’s expertise of over 300 years in banking and FXCM’s online retail forex trading expertise to create a world class online forex trading offering for traders, with existing clients of Barclays being able to benefit from this newly formed partnership.

Drew Niv, the CEO of FXCM commented that they were extremely excited about this partnership and that it would create a product superior to any other offering from the competitors in the UK. Under the partnership, Barclays will be using FXCM’s trading technology in order to create a retail forex trading product

. (in the US this means a simulated trading product)

For the moment, Barclays Margin FX is being offered only to the UK markets and the website can be accessed via barclaysmarginfx.com.

Barclays Margin FX offers no dealing desk execution along with a host of other features including:

  • Over 50 currency pairs
  • Customizable trading interface
  • Professional Charting Tools
  • Cutting edge research and analysis
Trading at Barclays Margin FX requires a minimum initial deposit of £2,500 and deposits can be made via Direct Debit Electronic Transfer or debit cards. Average spreads at Barclays Margin FX for a EURUSD is typically between 2.1 – 2.4 Pips.

About FXCM

FXCM Inc. is an NYSE listed company and is a global provider of online forex trading and related services to both retail and institutional customers worldwide.

At the heart of its operations is the FXCM’s “No dealing desk” trading which is beneficial for their clients to participate in a large network of forex liquidity providers in order to offer competitive pricing on major currency pairs. FXCM’s technology offers one click trading, and trading from real time charts.

FXCM’s subsidiary, Forex Capital Markets Ltd in the UK additionally offers CFD’s with no requotes as well as forex, metals and stock indices.

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(risk statement within 25 page new account agreement- starting on page 8)

10.3 Risks associated with the Trading Platform

(A) We may offer you real-time tradable prices. Due to delayed transmission, the price we offer may change before we receive an order from you. If we offer you automatic order execution we will be entitled to change the price at which your order is executed. We will not, in any circumstances (except where due to our fraud, negligence or wilful default), be liable to you for any difference between the value quoted via the Trading Platform at the time you place the instruction and the value at the time the instruction is executed.(B) Our target spreads for tradable prices are subject to normal market conditions. However, these will be subject to factors that may cause the spreads to widen according to the prevailing conditions across the various market time zones or available liquidity in those markets. You accept and acknowledge that certain time zone based themes exist driven by the relative number of foreign exchange market participants open for business. As a result the spreads will reflect the availability in a specific time zone, at the time.
(C) You acknowledge that where there is extreme volatility in a market or demand for liquidity increases significantly, we cannot be held responsible and shall not be held responsible if prices become unavailable resulting in us being unable to calculate prices in the relevant FX Trade, though we shall use reasonable endeavours to continue to offer a reasonable tradable price.
(D) While we will make reasonable efforts to provide the Services online through the Trading Platform, we may, without prior notice, (except that where possible and where permitted by Market Rules and Regulatory Requirements reasonable notice may be given), on a permanent or temporary basis, withdraw or suspend any Account facility and/or access to the Trading Platform where:
(1) we reasonably consider it necessary, including, but not limited to, where there are technical problems relating to the Trading Platform, adverse market conditions or an emergency situation or for routine maintenance; or

(2) we consider that any activity (or lack or activity), taken or intended to be taken, in relation to the Account may be in violation of any User Guide and/or Market Rules and/or Regulatory Requirements, including but not limited to legislation on money laundering, insider trading or market abuse; or
(3) emergency or exceptional market conditions exist; or
(4) We are unable to calculate prices in the relevant FX Trade due to the unavailability of the relevant market information or technical failure of the Trading Platform; or
(5) where the Platform Operator suspends or otherwise restricts the operation of the Trading Platform, in which circumstances we may take such additional action as we reasonably consider to be appropriate to address any such concerns. Such actions may include, by way of example: (i) the cancellation of any outstanding trades or the deduction of any cash or securities held by us or our delegates on your behalf that we consider to represent the proceeds or profits of any transaction that has been conducted via the Trading Platform in violation of any User Guide and/or Market Rules and/or Regulatory Requirements; and/or (ii) the close out or suspension of any currently open transactions that we have executed on your behalf.
(E) We shall not be liable for any loss resulting from any of the events described in this clause 10.3 or for any action taken by us as set out in this clause 10.3

.(F) We make no warranties, representations, or guarantees, express or implied, as to the merchantability, fitness for any particular purpose or otherwise with respect to the Trading Platform, its content, any documentation or any hardware or software provided in relation to the Trading Platform. Technical difficulties could be encountered in connection with the Trading Platform. These difficulties could involve, among others, failures, delays, malfunction, software erosion or hardware damage, which difficulties could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties could lead to possible economic and/or data loss including, but not limited to, as set out in this clause 10.3.(G) In no event will we be liable for any loss (including loss of profit or revenue whether direct or indirect), cost or damage including, without limitation, consequential, unforeseeable, special or indirect damages or expense which might occur as a result of or arising out of using, accessing, installing, maintaining, modifying, de-activating or attempting to access the Trading Platform or otherwise.

(H) In addition since neither we nor the Platform Operator control signal power, reception or routing via the internet, the configuration of your equipment or reliability of any internet connection, we shall not be liable for any transmission or communication failures, technical errors, distortions or delays when using the Trading Platform or any loss suffered in relation to this.
(I) Various information, news feeds, real time market data may be provided directly from third party providers and displayed on the Trading Platform for information purposes only. We cannot and will not be held liable for the content of such information or losses resulting from you entering a trade based upon such information.
(J) Any exclusion of liability under this clause 10.3 shall not be applicable to the extent that any loss is suffered as a result of our fraud, negligence or wilful default.

Feb 2013: CFTC active/current LEGAL CASES (case status reports)

2/17/2013  This is the list of current CFTC cases. They have not necessarily been resolved- but the parties have been charged with violations. The CFTC doesn’t pursue cases without merit- If you have funds/accounts with any of the following groups and or individuals- it’s vital that you actively take measures to protect yourself. Contact the CFTC if you have info that may help with the case. Contact them if you have money currently being held by any of those listed- they need to know to be able to help you to try recover it.

Information copied from the CFTC website 

Resource link:http://www.cftc.gov/ConsumerProtection/CaseStatusReports/index.htm

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Case Status Reports  

The CFTC provides Case Status Reports to inform the public of the current status of ongoing legal cases brought against defendants accused of committing futures trading violations.

Case Status Reports are updated as new information becomes available. For more information, please contact the staff contact listed in each report.

If the matter you are searching for is not listed down below, please visit Enforcement Actions.

Current Case Status Reports

N E W !!! 2013 CFTC FRAUD ACTIONS (JAN-FEB)

Copied from the CFTC website          
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U.S. Commodity Futures Trading Commission

Enforcement Actions