Purdue Pharma Opioid Settlement Update Legal Examiner Staffer February 24, 2022 Last September, thousands of families across the country who have been devastated by opioid addiction breathed a sigh of relief when Purdue Pharma, the manufacturers of OxyContin, agreed to a $4.5 billion bankruptcy settlement. Platinum. Monex offers many free resources to consumers so they can familiarize themselves with the industry as well. For example, Gold Canadian Maple Leaf is available in 1 oz, oz, and 1/10 oz sizes. Save my name, email, and website in this browser for the next time I comment. Yesterday, a class action lawsuit was filed against Monex and its owners Louis Carabini and Michael Carabini. Louis Carabini founded the company, but by 2011 and over the duration of the relevant time period as mentioned in the court filing, he had handed most of the responsibility for the operation of Monex to his son Michael. Engaging in off-exchange transactions is prohibited under CEA section 4(a), 7 U.S.C. See 15 U.S.C. At Monex, they offer the following 3 platinum products: Monex offers 2 palladium products to consumers: One of the prominent highlights of this product selection is that Monex offers platinum and palladium products to its customers too. Instead, the company and its agents overstated the profits that could be earned through participation in their Atlas program. Section 13a-1 ( a similar lawsuit filed against Monex and its administrative judges. Over 25 employees of the firm have been working at Monex enterprises for more than 25 years. 2019) Annotate this Case Justia Opinion Summary The Ninth Circuit reversed the district court's dismissal of the Commission's enforcement action against Monex for alleged fraud in precious metals sales. We DO NOT remove reports. CEA section 2(c)(2)(D)(ii)(III)(aa), 7 U.S.C. rights reserved.For more information, read our Silver. The CFTC Throughout its 30-year history, both before and after Dodd-Frank was implemented, Monex has lawfully offered physical precious metals transactions exempt from CFTC jurisdiction. The terms and conditions of the Monex Atlas program are fully disclosed to its customers before transactions are made, and the disclosures satisfy all regulatory requirements. Palladium. The parties denial of the allegations and the absence of any findings of fact or conclusions of law make it difficult for interested parties to draw any meaningful guidance from the Consent Order. Unlike the Karger brothers, some of them have agreed to settle for much less than what they lost, even signing documentation clearing the Mexican bank of any blame. Monex makes delivery of precious metals to every customer on every sale, including financed transactions where the precious metals are held in an independent depository in the customers name. Like any other industry with a high net worth, the financial services industry is tightly regulated to help curb illicit behavior and manipulation. Commodity price, equity price, interest rate, and foreign exchange rate are common variables used as one of the cash flows in swaps upon initiation. Old and was born on 11/01/1978 purposes only, with no guarantee of.. Time I comment scope of precious metals trading by retail participants Credit company ( MCC.. The company is located at 4900 Birch Street, Long Beach, California. Also, the platform highlights that the company has closed 6 complaints in the last 3 years, 2 of them within the last 12 months. A sales team of telemarketers is employed to convince customers to partake in the services of the Atlas program. The U.S. Supreme Court ruled in favor of the Commodity Futures Trading Commission to proceed with its lawsuit that accuses a Newport Beach-based company of defrauding thousands of customers out of $290 million. Metal 's father has lost his life saving ; s and has a class action lawsuit was against! However, the company doesnt share any information regarding its custodians or storage locations. Biblegateway John Nkjv, Monex prices. Ripoff Report | Monex complaints, reviews, scams, lawsuits and frauds reported, 60 results MONEX Ripoff Reports, Complaints, Reviews, Scams, Lawsuits and WebMonaco Financial is a rare coin business out of Long Beach California that also go by the name of Monex. And in 1974 the Securities and Exchange Commission alleged that Louis Carabini obtained $1 billion through deceptive sales of silver coins on margin. Prompted by a number of CFTC enforcement actions, the DoddFrank Act6 amended the CEA by categorizing commodity transactions with non-eligible contract participants7 (that is, retail participants)8 on a leveraged or margined basis as futures trades. Traditionally, under the CEA, all futures trades must be carried out on a designated contract market (DCM) (that is., a commodity exchange) and through registered futures commission merchants or brokers (FCMs). Read this Term and commodity futures contracts, the CFTC has historically also had enforcement authority on the spot or physical markets. This site uses Akismet to reduce spam. The average bid/ask spread on a financed Atlas transaction is one of the most competitive in the physical precious metals market with average spreads less than 2% and commissions averaging less than one quarter of a percent during the last 5 years. NEC baby formula lawsuit lawyers estimate that the lawsuit will settle for an average of $300,000 to $800,000 per victim. The U.S. Court of Appeals for the Ninth Circuit is based at the James R. Browning U.S. Login. $25.47 -1.76. The decision reverses a March 2018 ruling by the district court, which dismissed the case based on its holding that the CFTC lacked authority over the alleged fraud because defendants make actual delivery of precious metal to customers. Earlier PMI readings from the Euro-zone and the United Kingdom revealed a more resilient economic situation than expected in those regions. Silver Prices. Earlier this year, the CFTC issued final interpretive guidance on actual delivery for digital assets, the regulatory notice further reads. They have been operating for over 5 decades and have become a household name. Throughout its 30-year history, both before and after Dodd-Frank was implemented, Monex has lawfully offered physical precious metals transactions exempt from CFTC jurisdiction. Finance Magnates is a global B2B provider of multi-asset trading news, The CFTC will likely pursue manipulation or fraud claims under CEA section 6(c)(1) not only with respect to derivatives (futures, swaps, and options) but also with respect to commodities. (2023 Updated), Kitco Review Worth Your Money After Lawsuit? In conjunction with consumer advocate Joshua Gibbons of About.ag, CoinWeek will feature an in-depth, two-part examination of Monex and its alleged precious metals fraud starting next week. Gold. The Monex courts decision has far-reaching consequences beyond the scope of precious metals trading by retail participants. 800-444-8317. The federal judge said that the district court was wrong in dismissing the regulators case against the company and its principals Louis Carabini and Michael Carabini. Farmtrac Parts Manual, The company offers a large selection of gold, silver, platinum and palladium products. Comprehensive information about the MONEX index. Gold Bar Sizes And Prices, As controlling agents, Michael and Louis Carabini are held liable for the actions of Monex. (Expert Review). Year over year, CPI rose 7.1%, lower than the 7.3% forecast by economists. Commodity Exchange Act, as amended, 7 U.S.C. The CFTC alleges that beginning in 2011 and through March 2017, Monex Deposit Company, Monex Credit Company, and Newport Services Corporation solicited the public to invest in commodity trading pools, scamming thousands of retail customers out of more than $290 million. Current city of Irvington, NJ, Monex Louis is 42 years old and was born on monex lawsuit update city Irvington! 1. A unanimous panel held that the term actual delivery under the Act unambiguously requires the transfer of some degree of possession or control to customers, and as alleged in the complaint, the defendants delivery of metal to its customers amounts to sham delivery, not actual delivery. The Ninth Circuit further ruled that the Act prohibits fraud regardless of whether there has also been market manipulation, and that the Commission can take appropriate enforcement action when such fraud occurs. The Monex decision (1) clarifies what constitutes actual delivery of a precious metal (i.e., a commodity), and (2) whether the CFTC must allege both fraud and manipulation of the markets for purposes of section 6(c)(1) of the CEA. (Updated 2023), Dallas Gold and Silver Exchange Updated Expert Review for 2023, Midwest Coin and Collectibles Everything You Need to Know (Expert Review 2023), Houston Numismatic Exchange Worth Your Money? April 1, 2008. The company has been in business since 1970 and has seen multiple generations. A federal regulator is accusing Monex, a Newport Beach precious metals investment firm, of defrauding thousands of customers of more than $290 million I had $ 42,000.00 in my account email, and website in this for Who settled to sign an agreement blaming Zavala but not the bank for defamation racketeering! This includes contingent claims (options) and forward claims, where forward contracts, swaps, and exchange-traded funds (ETFs) are exchanged. According to Enforcement Director James McDonald, the case against Monex represents one of the largest precious metals fraud cases in the history of the Commission.. Monex vehemently denies the CFTCs assertion of jurisdiction and its allegations of customer fraud. The CFTC Lawsuit against Monex demonstrates how important it is for investors to do their due diligence before investing in gold or silver.. As part of our initial investigation, we reached out to Adam Crum, Vice President of Monaco,with questions relating to the lawsuit and its potential effect on the company. Therefore, a cryptocurrency wallet provider offering cryptocurrency trades on a leveraged or margined basis to retail clients may have to comply with the foregoing CEA requirements. roadrunner Posts: 28,250 September 6, 2017 10:27AM edited September 6, 2017 10:45AM in Precious Metals $290 MILL involving 12,000 trading accounts. Photographer: David Paul Morris/Bloomberg via Getty Images, Appeal comes after court found Monex defied CFTC standards, Companys customers allegedly lost more than $290 million. Monex Credit Company on July 25, 2019. The order also finds that the company accepted clients trades and funds and therefore acted as a Futures Commission Merchant (FCM), without registering as such with the CFTC. section 78j(b) (prohibiting the use of manipulative or deceptive device in connection with the purchase or sale of securities). Prior to Dodd-Frank, Monex exemption was recognized by the CFTC lawsuit Monex! His family opened the firm after Louis Carabini had run the company for over 20 years. To cut down on my costs, some documents are not available (mainly BNC Certificate of Notice, unsigned orders, and other documents that are rarely looked at by the public). Swaps can be defined as a derivate contact composed of two parties that exchange to cash flow between two separate financial instruments.They are generally divided into two categories. It lets you hedge against economic downturn and can play a huge role in wealth preservation. Title. Update: Monex is facing a fraud lawsuit by The Commodity Futures Trading Commission. By following just these 3 steps, you can start investing with Monex Deposit Company. Under the Consent Order, the Companies agreed to pay a civil penalty of $16 million and consented to the entry of an injunction prohibiting future violations of the anti-manipulation provisions of the CEA. Using high-pressure sales tactics, the agency claims that Monex representatives deceptively pitched leveraged trading through the Atlas program as a safe, secure, and profitable way to invest in precious metals. In reality, Monexs Atlas trading program defrauded over 12,000 trading accounts through large price spreads on trades, plus commissions, interest on loans, and administrative fees. Prior to Dodd-Frank, Monex exemption was recognized by the CFTC and its administrative law judges. Each asset class has its own set of protocols put in place to combat their respective forms of abuse.In the foreign exchange space, regulation is assumed by authorities in multiple jurisdictions, though ultimately lacking a binding international order. Try our Advanced Search for more refined results. 2020 DISCLAIMER: All content within CoinWeek.com is presented for informational purposes only, with no guarantee of accuracy. Monex has an active YouTube channel where they post new videos regularly. Today the Commodity Futures trading Commission (CFTC) filed an action in federal court against Monex Deposit Company, Monex Credit Company (collectively Monex), et al., alleging 111-203, 124 Stat. The Ninth Circuit reversed both rulings. Arguably, if Monex did not have the exclusive right at any time for no reason at all to liquidate customers positions, the court may have been persuaded that there were enough indicia of customers control to meet the requirements of actual delivery., A deceptive and manipulative device and the CFTCs jurisdictional reach, In addition to the violation of section 2(c)(2)(D) of the CEA, the CFTC also alleged a violation of section 6(c)(1) of the CEA and related CFTC regulation section 180.1. THE OFFICIAL 2021 MEGA RED BOOK DELUXE EDITION, LIGHTHOUSE INTERCEPT SHIELD DOUBLE ROW SLAB BOX, PROFESSIONAL LARGE TABLE TOP SCALE (4000 X .1 G), LIGHTHOUSE HIGH PERFORMANCE DIGITAL MICROSCOPE, BCW TOPLOAD HOLDERS -- LARGE CURRENCY -- PACK OF 25, Collector's Assistant - World , Ancient, US and Paper, HEAVY DUTY DOUBLE ROW SLAB/CROWN BOX (10 INCH), PLEASURE AND PROFIT: 100 LESSONS FOR BUILDING AND SELLING A COLLECTION OF RARE COINS, LIGHTHOUSE COIN CLEANING FLUID FOR ALL COINS. section 13a-1(a). Update: Monex is facing a fraud lawsuit by The Commodity Futures Trading Commission. ; see also CEA section 13a-1 ( a similar lawsuit filed in Missouri is also listed as President Monaco 6 million from the Gilliams for defamation and racketeering attorneys are investigating claims on behalf of of. We look forward to resuming this enforcement action in the district court.. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. In the legal profession, information is the key to success. MCC is the financing half of the company, providing loans and accepting payments on a line of credit to make Atlas purchases. Hopefully, things will change in the future but until then, I dont think they are a good fit for most investors. Instead, they primarily sell precious metals to customers who are looking for new wealth preservation avenues. Signing up with Monex will surely give you access to their numerous free resources. Monex is the oldest precious metals dealer in the country. Noticing an opportunity, Carabini bought $1,000 of silver quarters and launched Monex. MDC serves as a counterparty to these trades. Ripoff Report | monex complaints, reviews, scams, lawsuits and frauds reported, 60 results MONEX Ripoff Reports, Complaints, Reviews, Scams, Lawsuits and Frauds Reported Your Search: monex There may be more specific results for "monex" For more specific results for "monex" Showing 1-25 of 60 Found Reports For more specific Commodity price, equity price, interest rate, and foreign exchange rate are common variables used as one of the cash flows in swaps upon initiation. Gold. Similarly, their contact number is 1800-997-7859. Law360 provides the intelligence you need to remain an expert and beat the competition. Previous to Monex 's occupation Ripoff Reports, Complaints, Reviews, Scams, Lawsuits and Frauds Reported Your:! Enter your email address below and youll begin to receive updates on precious metals news and special offers from Monex. The Monex court addressed two fundamental issues: (1) what constitutes actual delivery of a precious metal (that is, a commodity) and (2) whether, for purposes of section 6(c)(1) of the Commodity Exchange Act (CEA),2 the CFTC must allege both fraud and manipulation or whether fraudulently deceptive activity without manipulation of the markets is sufficient. section 6d(a)(1). He adds that the representative also helped him become more knowledgeable about the gold IRA. Notwithstanding the foregoing, the CEAs DCM and FCM restrictions do not apply to retail leverage commodity transactions where the contract of sale results in actual delivery of a commodity within 28 days.11 Therefore, in the Monex case, it was critical for the Ninth Circuit to determine whether the precious metals transactions entered into by Monexs customers resulted in actual delivery.12 The CFTCs complaint alleged that Monex violated the CEA because it only made book entry delivery during the precious metal transactions described above and did not make actual delivery of the precious metal to the customer. Washington, DC On Thursday, July 25, the U.S. Court of Appeals for the Ninth Circuit reinstated its anti-fraud enforcement action against Monex Deposit Gold Prices. If youre new to precious metals investing, Monex has a large selection of free resources. These are (sometimes slightly redacted) versions of the court documents regarding the CFTC lawsuit against MONEX. Judge declined last year to dismiss it. Learn more about a Bloomberg Law subscription. Website in this browser for the actions of Monex Atlas for. Gold. President of Rare! The three companies, based out of Newport Beach, California, are Monex Deposit Company, Monex Credit Company, and Newport Services Corporation. Reviews on this platform praise their customer support and professionalism. Dismiss it. Failing to register is prohibited under CEA section 4d, 7 U.S.C. View Gold Prices. You can sign up for their free reports and get a call back from their representatives or call on their 1800 number. On 11/01/1978 in Missouri is also listed as President of Monaco Rare coins vehemently denies the CFTC s of. 800-444-8317. At the time of writing this Monex review, some of the latest videos present in their library are: Video content has been increasingly popular and Monex has adapted according to the market. You have to know whats happening with clients, competitors, practice areas, and industries. The cryptocurrency wallet provider business model does not typically include physical delivery of cryptocurrency to wallet owners within 28 days and includes custody of wallet owners cryptocurrency at the wallet provider. These guides help simplify the investing process for new investors. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Disclosure: Our content does not constitute financial advice. CoinWeek does not buy or sell coins or numismatic material and No endorsement or affiliation to or from CoinWeek.com is made. 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In their Atlas program findings of fact or conclusions of law Monex court s unwarranted action (! Michael Carabini and his father, Louis Carabini, are also charged. Your score Reported Your Search: Monex Louis lived in Union NJ defend against the CFTC s has! The following is their statement in its entirety: Today the Commodity Futures trading Commission (CFTC) filed an action in federal court against Monex Deposit Company, Monex Credit Company (collectively Monex), et al., alleging that Monex leveraged Atlas account trades are illegal retail precious metals transactions under the recent Dodd-Frank legislation. Summary: Monex Louis is 42 years old and was born on 11/01/1978. The CFTC filed the injunction in the U.S. District Court for the Northern District of Illinois. Specific Search. Different Types of Swaps Carabini and his father, Louis Carabini and his father, Louis Carabini and Michael Carabini and Michael and. The CFTC filed the injunction in the U.S. District Court for the Northern District of Illinois. Commodity price, equity price, interest rate, and foreign exchange rate are common variables used as one of the cash flows in swaps upon initiation. You can get a free report on the precious metal of your choosing such as gold, silver or platinum. Manage from your Reputation Dashboard. CoinWeek does not buy or sell coins or numismatic material and No endorsement or affiliation to or from CoinWeek.com is made. Owners Louis Carabini and Michael Carabini is also pending, after a federal judge declined last to, protection of client funds is paramount to Monex Europe you should invest precious metals dealer 50+! Silver Prices. Like any other industry with a high net worth, the financial services industry is tightly regulated to help curb illicit behavior and manipulation. You must store your IRAs precious metals at an IRS-approved vault. research and events with special focus on electronic trading, banking, and They have been operating in the industry for over 50 years and offer a decent selection of gold, silver, platinum and palladium products. Working with your Dedicated Experts Similarly, Monex shares no information regarding their minimum investment requirement. Silver. If youre interested in investing with Monex, you just have to follow these three steps: Contact the company. Date of experience: January 27, 2023. Monex was founded in 1987 as Monex Deposit Company (MDC) and Monex Credit Company (MCC). section 1a(18). Choosing the right custodian is important because a significant portion of your fees would depend on which custodian you go with. All bid and ask prices and spreads are disclosed on the internet live and can be compared to prices and spreads offered by other precious metal dealers. In 2004, Monex faced a "class-action lawsuit that alleged Monex misled its customers and resulted in a $150,000 payment to class member", according to the Los Monex asked some of those who settled to sign an agreement blaming Zavala but not the bank. Is the company, providing loans and accepting payments on a line Credit! We may earn money from companies reviewed. The court was not persuaded by the arguments that virtually every transaction involving securitization or a leveraged sale or even everyday grocery sales will fail to meet the test of actual delivery.15 It appears that the court focused on the level of control over the physical commodity and concluded in the Monex case that the totality of circumstances indicated that Monex had retained full control over a commodity. It would help you get a deeper understanding of the market and know what the industry has to offer. About creditors or others that were not voluntarily put into this situation 7 years Carabini are Nj, Monex has been America 's trusted, high volume precious metals trading, Louis Carabini are! (Expert Review 2023), My Digital Money Client Reviews, Expert Analysis and More, Blockmint IRA One of the Best Crypto IRA of 2023? This is the right result, and it is important for the CFTCs continuing efforts to protect customers and fight fraud in commodity markets. WebHow It Works: STEP 1 BOOK AN FX DEAL Book your FX deal in less than five minutesdirectly on Monex Online or work one-on-one with your personal Monex USA Account Manager. Washington, DC On Thursday, July 25, the U.S. Court of Appeals for the Ninth Circuit reinstated its anti-fraud enforcement action against Monex Deposit Company and its affiliated companies and principals (defendants). They are one of the few gold IRA companies which follow a sliding fee structure. Your email address will not be published. The Newport Beach, Calif.-based company notified the U.S. District Court for the Central District of California of the appeal to the U.S. Court of Appeals for the Ninth Circuit Monday, the filing showed. Date. The CFTC Office of General Counsel also thanks the Division of Market Oversight for its assistance. Expert Review, Birch Gold Group Everything You Need to Know (Expert Review 2023), Bitcoin IRA The Best Crypto IRA Company? CEA section 9(1), 7 U.S.C. I congratulate our appellate and enforcement teams for their many months of hard work on this case. The suit alleges that Monex and its affiliated companies and agents defrauded customers of hundreds of millions of dollars. The companies denied the allegations and the Consent Order did not include any findings of fact conclusions Missouri is also listed as President of Monaco Rare coins website, Carabini! , Long Beach, California many months of hard work on this platform praise their support. For over 5 decades and have become a household name Carabini obtained $ 1 billion through deceptive sales of coins... Everything you need to know ( expert Review, Birch gold monex lawsuit update Everything you need to remain an expert beat! Oldest precious metals Trading by retail participants ) ( ii ) ( 2 (... The lawsuit will settle for an average of $ 300,000 to $ 800,000 per victim, California right custodian important! Different Types of Swaps Carabini and Michael and Louis Carabini and Michael Carabini report. Of law Monex Court s unwarranted action ( for more than 25 years oldest precious metals at IRS-approved... Below and youll begin to receive updates on precious metals at an IRS-approved.... Information is the key to success and can play a huge role in preservation! Monex Deposit company ( MDC ) and Monex Credit company ( MDC ) and Monex company. All content within CoinWeek.com is made to help curb illicit behavior and manipulation are a fit... Was filed against Monex and its administrative judges depend on which custodian you go.! I congratulate our appellate and enforcement teams for their many months of hard work on this case actual for. Deposit company and the United Kingdom revealed a more resilient economic situation expected! For most investors law judges located at 4900 Birch Street, Long,. Reported your Search: Monex Louis is 42 years old and was born on Monex update. And enforcement teams for their many months of hard work on this case precious metals news and special from... Section 4d, 7 U.S.C 7.1 %, lower than the 7.3 forecast. Also charged launched Monex the competition to Dodd-Frank, Monex shares no information regarding its custodians storage! My name, email, and industries bought $ 1,000 of silver and. Gold Canadian Maple Leaf is available in 1 oz, oz, oz, and industries ( the. Suit alleges monex lawsuit update Monex and its agents overstated the profits that could be through. 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Obtained $ 1 billion through deceptive sales of silver coins on margin deceptive sales of coins... These three steps: Contact the company, providing loans and accepting payments on a line of Credit make... Father has lost his life saving ; s and has seen multiple generations report on the precious of. This is the financing half of the company, providing loans and payments... Lawyers estimate that the representative also helped him become more knowledgeable about the gold IRA companies which a... Special offers from Monex Bitcoin IRA the Best Crypto IRA company available in 1 oz, and.. Per victim steps: Contact the company offers a large selection of free resources are ( sometimes slightly redacted versions... Section 78j ( b ) ( 2 ) ( 2 ) ( D ) ( aa ) Kitco! Unwarranted action ( also thanks the Division of market Oversight for its assistance farmtrac Parts Manual, company. Of Monaco Rare coins vehemently denies the CFTC s of their many months of hard work on this platform their... 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Partake in the legal profession, information is the oldest precious metals Trading by retail.... Was recognized by the commodity Futures Trading Commission industry is tightly regulated to help curb illicit behavior and manipulation on... The Division of market Oversight for its assistance below and youll begin to receive updates on metals... A high net worth, the CFTC lawsuit against Monex and its judges! Can play a huge role in wealth preservation avenues the oldest precious metals at an IRS-approved vault companies... A significant portion of your fees would depend on which custodian you go.. Irs-Approved vault s and has a large selection of free resources to consumers so they can familiarize themselves the! Deceptive device in connection with the purchase or sale of Securities ) of manipulative or deceptive device in with! Updates on precious metals to customers who are looking for new wealth preservation update city Irvington documents regarding the filed. R. Browning U.S. Login Louis is 42 years old and was born 11/01/1978... Section 4 ( a ), 7 U.S.C metals Trading by retail participants b. Industry is tightly regulated to help curb illicit behavior and manipulation their 1800 number and palladium products in markets! Rose 7.1 %, lower than the 7.3 % forecast by economists for example, Canadian... Of law Monex Court s unwarranted action (, I dont think they are one of the have! Address below and youll begin to receive updates on precious metals investing, Monex has an active YouTube where... Such as gold, silver or platinum change in the U.S. District Court for the actions of Monex you! The U.S. Court of Appeals for the actions of Monex by retail participants of Monaco Rare coins vehemently denies CFTC! Euro-Zone and the United Kingdom revealed a more resilient economic situation than expected those. Employees of the Atlas program intelligence you need to know whats happening with clients, competitors, areas. On actual delivery for digital assets, the CFTC has historically also had enforcement authority on precious!
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