United States Commodity Futures Trading Commission v. Creagh et al
United States Commodity Futures Trading Commission |
Gary Creagh and Wall Street Pirate Management, LLC |
1:2015cv06140 |
August 5, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
J. Paul Oetken |
Securities/Commodities/Exchanges |
07 U.S.C. ยง 0013 |
None |
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Filing 46 OPINION AND ORDER: re: 41 MOTION for Permanent Injunction and Other Statutory and Equitable Relief Against Defendants, filed by United States Commodity Futures Trading Commission. Based upon and in connection with the foregoing conduct, pursuant to Section 6c of the Act, 7 U.S.C. § 13a-1 (2012), Creagh and WSPM are permanently restrained, enjoined, and prohibited from directly or indirectly: a. Controlling or directing the trading for or on behalf of any other person or enti ty, whether by power of attorney or otherwise, in any account involving commodity interests; b. Soliciting, receiving, or accepting any funds from any person for the purpose of purchasing or selling any commodity interests; c. Applying for registra tion or claiming exemption from registration with the Commission in any capacity, and engaging in any activity requiring such registration or exemption from registration with the Commission, except Creagh and WSPM shall pay, jointly and severally , a CMP in the amount of one hundred twenty-five thousand dollars ($125,000), plus post-judgment interest. Post-judgment interest shall accrue on the CMP beginning on the date of entry of this Order and shall be determined by using the Tre asury Bill rate prevailing on the date of entry of this Order pursuant to 28 U.S.C. § 1961 (2012). Creagh and WSPM shall pay, jointly and severally, a CMP in the amount of one hundred twenty-five thousand dollars ($125,000), plus post- judgment interest. Post-judgment interest shall accrue on the CMP beginning on the date of entry of this Order and shall be determined by using the Treasury Bill rate prevailing on the date of entry of this Order pursuant to 28 U.S.C. § 1961 (2012). This Order supplements the Consent Order and the Consent Order remains in full force and effect. In light of the foregoing, the Commission's Motion for Permanent Injunction and Other Statutory and Equitable Relief is GRANTED IN PART, with respect to the injunctive relief sought, and DENIED IN PART, insofar as Defendants shall pay a CMP of $125,000. The Clerk of Court is directed to close the motion at Docket Number 41. Motions terminated: 41 MOTION for Permanent Injunction and Other Statutory and Equitable Relief Against Defendants, filed by United States Commodity Futures Trading Commission. (Signed by Judge J. Paul Oetken on 5/10/2017) (ap) |
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