Page 13 - 期货和衍生品行业监管动态（2024年9月刊）
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期货和衍生品行业监管动态
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CFTC Orders Wisconsin Man to Pay Civil Monetary Penalty for Acting as an
Unregistered Commodity Trading Advisor (2024/8/26)
The Commodity Futures Trading Commission today announced it entered an
order requiring Mark Hendershott, located in Wisconsin, to pay a $75,000 civil
monetary penalty for acting as an unregistered commodity trading advisor (CTA).
The order finds, from in or about May 2018 through at least June 2021,
Hendershott violated Section 4m(1) of the Commodity Exchange Act, 7 U.S.C.
§ 6m(1), by making use of the mails or any means or instrumentality of interstate
commerce in connection with his business as a CTA without being registered with the
CFTC as required.
According to the order, Hendershott was self-employed as a consultant to
farmers. While the majority of his consulting services generally related to activities
associated with physical crop-related activities, he also provided his clients hedging
advice relating to their crop production using commodity futures. Hendershott
provided tailored advice to clients concerning their hedging requirements and
counseled clients as to the advisability of using futures contracts to hedge their crop
production, including wheat, soybeans, oats, corn, and lean hogs futures. Hendershott
developed his client base by contacting prospective clients, including individuals in
the farming community, and he provided this advice in exchange for a flat fee that he
charged to his clients.
The order finds in order to facilitate Hendershott’s furnishing of advice with
respect to the hedging of his clients’ crop production, Hendershott arranged to have
his clients open accounts with a CFTC-registered futures commission merchant, and
he assisted in the account opening process for each of the clients he introduced. In
addition, according to the order, he traded on behalf of many of his clients, placing
orders in their accounts for futures contracts such as wheat, soybeans, oats, corn, and
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