Murtuza Kazmi will receive approximately $100 million, but $12 million remains frozen.
The court upheld the "first impression evidence" submitted by the CFTC against My Forex Funds.
The New Jersey court, tonight (Tuesday), partially granted My Forex Fund's request in the lawsuit filed by the CFTC against the company. The court ordered the release and return of most of the assets belonging to the Founder and CEO, Murtuza Kazmi, valued at approximately $100 million. However, $12.08 million of these assets will remain frozen.
Despite the partial decision in favor of the defendants, the New Jersey court upheld the 'prima facie' (first impression) evidence submitted by the CFTC to support charges against My Forex Funds and its CEO. My Forex Funds and its CEO. In an earlier motion, the lawyers of the defendants challenged the CFTC's jurisdiction over the prop trading business and the submitted evidences. It is to be noted that 'prima facie' are based on the first observation and are accepted as correct unless proved otherwise.
However, the Judge Zahid Quraishi stated that "the CFTC has made a 'prima facie' showing that Defendants made misrepresentations, misleading statements and deceptive omissions...materiality... [and] scienter."
Putting a Cap on Frozen Assets
The new amount of frozen asset was determined as the judge put a limit to My Forex Funds' profits associated with the 8 percent of customers who had 'live accounts'. The prop trading platform generated about $310 million in fees from all customers and paid out around $159 million. According to the provided evidence, 8 percent of the remaining amount is associated with 'live accounts'.
Additionally, the court decided to discharge the current temporary receiver and ruled against appointing a new one.
"Since the entry of the SRO, Defendants have appeared in the case, retained experienced counsel, complied with the Court’s order to provide the CFTC with an accounting of Defendants’ assets, produced Defendant Kazmi for deposition, and expressed an interest in resolving the case and remediating any potential disclosure issues. Whatever concerns the CFTC initially may have had regarding the likelihood of Defendants dissipating their assets appear to have been substantially reduced," the Judge wrote in the 28-page opinion.
"Likewise, given that the frozen assets may be set aside and that Defendants are represented by experienced counsel, the Court trusts that no receiver is necessary to effectuate the Court’s order."
In late August, the CFTC filed a complaint against My Forex Funds, its CEO, and associated entities, alleging fraudulent activities. This complaint accused the defendants of deceptive practices related to leveraged retail foreign exchange and leveraged retail commodity transactions.
Ian McGinley, the Director of Enforcement at the CFTC, said: “The CFTC’s case against My Forex Funds' defendants is emblematic of our commitment to stamping out retail fraud in our markets. Anyone offering or entering into leveraged retail forex contracts without registration, or offering or entering into leveraged retail commodity contracts off-exchange, is acting in clear violation of the law.”
My Forex Funds' Challenge to CFTC
However, My Forex Fund recently contended that the
CFTC "recklessly mischaracterized transfers" involving significant
tax payments. Kazmi and his legal team challenged the fundamental aspects of the lawsuit, pitting it with the commodities watchdog. They raised questions
about the alleged fraudulent activities.
Additionally, the firm raised
questions over the jurisdiction of the CFTC over its transactions. According to a recent report by Finance Magnates,
its defense team dismissed CFTC's accusations. It asserted that
My Forex Funds never solicited or accepted customer investments.
The CFTC's complaint exposed a series of
deceptive practices, including terminating customer accounts under false pretexts,
misleading commission assessments, and using specialized software to execute
customer orders at unfavorable prices.
The complaint asserts that such practices actively
worked against customers, reducing profits and increasing losses, all while My
Forex Funds claimed to prioritize customers' success.
The legal actions extend beyond US borders. The
Ontario Securities Commission has issued a temporary cease-trade order against
Traders Global Group Inc. and Kazmi.
My Forex Funds' defense maintains that the CFTC
misrepresented two substantial pre-authorized payments of $27,000,000 CAD and
$4,500,000 CAD as transfers to My Forex Funds' CEO. Contrary to
this, the defense contends that these funds were directed to the Canadian tax
authorities. The cort has upheld this and pointed to the CFTC's miscalculations.
The motion further questioned the unprecedented nature
of the statutory restraining order, arguing that shutting down a business
and freezing personal assets is an extreme measure.
Update: This article was revised to add more information.
The New Jersey court, tonight (Tuesday), partially granted My Forex Fund's request in the lawsuit filed by the CFTC against the company. The court ordered the release and return of most of the assets belonging to the Founder and CEO, Murtuza Kazmi, valued at approximately $100 million. However, $12.08 million of these assets will remain frozen.
Despite the partial decision in favor of the defendants, the New Jersey court upheld the 'prima facie' (first impression) evidence submitted by the CFTC to support charges against My Forex Funds and its CEO. My Forex Funds and its CEO. In an earlier motion, the lawyers of the defendants challenged the CFTC's jurisdiction over the prop trading business and the submitted evidences. It is to be noted that 'prima facie' are based on the first observation and are accepted as correct unless proved otherwise.
However, the Judge Zahid Quraishi stated that "the CFTC has made a 'prima facie' showing that Defendants made misrepresentations, misleading statements and deceptive omissions...materiality... [and] scienter."
Putting a Cap on Frozen Assets
The new amount of frozen asset was determined as the judge put a limit to My Forex Funds' profits associated with the 8 percent of customers who had 'live accounts'. The prop trading platform generated about $310 million in fees from all customers and paid out around $159 million. According to the provided evidence, 8 percent of the remaining amount is associated with 'live accounts'.
Additionally, the court decided to discharge the current temporary receiver and ruled against appointing a new one.
"Since the entry of the SRO, Defendants have appeared in the case, retained experienced counsel, complied with the Court’s order to provide the CFTC with an accounting of Defendants’ assets, produced Defendant Kazmi for deposition, and expressed an interest in resolving the case and remediating any potential disclosure issues. Whatever concerns the CFTC initially may have had regarding the likelihood of Defendants dissipating their assets appear to have been substantially reduced," the Judge wrote in the 28-page opinion.
"Likewise, given that the frozen assets may be set aside and that Defendants are represented by experienced counsel, the Court trusts that no receiver is necessary to effectuate the Court’s order."
In late August, the CFTC filed a complaint against My Forex Funds, its CEO, and associated entities, alleging fraudulent activities. This complaint accused the defendants of deceptive practices related to leveraged retail foreign exchange and leveraged retail commodity transactions.
Ian McGinley, the Director of Enforcement at the CFTC, said: “The CFTC’s case against My Forex Funds' defendants is emblematic of our commitment to stamping out retail fraud in our markets. Anyone offering or entering into leveraged retail forex contracts without registration, or offering or entering into leveraged retail commodity contracts off-exchange, is acting in clear violation of the law.”
My Forex Funds' Challenge to CFTC
However, My Forex Fund recently contended that the
CFTC "recklessly mischaracterized transfers" involving significant
tax payments. Kazmi and his legal team challenged the fundamental aspects of the lawsuit, pitting it with the commodities watchdog. They raised questions
about the alleged fraudulent activities.
Additionally, the firm raised
questions over the jurisdiction of the CFTC over its transactions. According to a recent report by Finance Magnates,
its defense team dismissed CFTC's accusations. It asserted that
My Forex Funds never solicited or accepted customer investments.
The CFTC's complaint exposed a series of
deceptive practices, including terminating customer accounts under false pretexts,
misleading commission assessments, and using specialized software to execute
customer orders at unfavorable prices.
The complaint asserts that such practices actively
worked against customers, reducing profits and increasing losses, all while My
Forex Funds claimed to prioritize customers' success.
The legal actions extend beyond US borders. The
Ontario Securities Commission has issued a temporary cease-trade order against
Traders Global Group Inc. and Kazmi.
My Forex Funds' defense maintains that the CFTC
misrepresented two substantial pre-authorized payments of $27,000,000 CAD and
$4,500,000 CAD as transfers to My Forex Funds' CEO. Contrary to
this, the defense contends that these funds were directed to the Canadian tax
authorities. The cort has upheld this and pointed to the CFTC's miscalculations.
The motion further questioned the unprecedented nature
of the statutory restraining order, arguing that shutting down a business
and freezing personal assets is an extreme measure.
Update: This article was revised to add more information.
Get ready to mark your calendars for FMAS:24, returning this May! Take a quick glimpse of what awaits at the Sandton Convention Centre in Sandton, South Africa from May 20-22, 2024.
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Join 3500+ Attendees at FMAS:24 | Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 | Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 | Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 | Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 | Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 | Africa's Premium Financial Event
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Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
🐦 X (Twitter): https://twitter.com/financemagnates/
📡 RSS Feed: https://www.financemagnates.com/feed/
▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
🐦 X (Twitter): https://twitter.com/financemagnates/
📡 RSS Feed: https://www.financemagnates.com/feed/
▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
🐦 X (Twitter): https://twitter.com/financemagnates/
📡 RSS Feed: https://www.financemagnates.com/feed/
▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
🐦 X (Twitter): https://twitter.com/financemagnates/
📡 RSS Feed: https://www.financemagnates.com/feed/
▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
🐦 X (Twitter): https://twitter.com/financemagnates/
📡 RSS Feed: https://www.financemagnates.com/feed/
▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
🐦 X (Twitter): https://twitter.com/financemagnates/
📡 RSS Feed: https://www.financemagnates.com/feed/
▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔