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Take the Money and Run

We thought we would do our part to help out the CFTC with these two elusive individuals. Sometimes the CFTC requests information from the public and sometimes the accused go "on the run". While it is no thrill to confront the CFTC or "government", it doesn't make much sense to hide from the allegations. Although, one could live quite comfortably on what it would cost to mount a defense against the CFTC. It makes you wonder how many of the "accused" settle with the government when they were actually innocent and could not afford the amount of money it takes to defend the charges of a CFTC complaint - just a thought.

Anyway, here's what the CFTC has to say about these two fellows.


Name: Phillip L. Ferguson
Last Seen: Marion or Summitville, Indiana in June of 2000
DOB: 02/07/50
Height: 6' 0"
Weight: Approximately 200 lbs.

On July 11, 2000, the Division of Enforcement for the Commodity Futures Trading Commission (CFTC) filed an injunctive action in the U.S. District Court for the Northern District of Indiana, Fort Wayne Division, against Phillip Ferguson d/b/a Ferguson Financial, B&F Trading ("B&F") and First Investor's Group Inc. ("FIG"), charging him with fraud and registration violations of the Commodity Exchange Act and the CFTC's regulations. The CFTC complaint charges that Ferguson operated at least two consecutive commodity pools and deposited over $3.8 million into these pools while failing to register with the CFTC as a commodity pool operator. It alleges that Ferguson also issued false "Trade Logs" to at least one FIG pool investor that showed fictitious buys and sells of commodity futures contracts and a false account balance of over $129 million as of March 2000.

On July 20, 2000, the Honorable Judge William C. Lee, United States District Judge for the Northern District of Indiana, Fort Wayne Division, issued a preliminary injunction against Ferguson which, among other things, prohibited the transfer or dissipation of any assets, funds or other property controlled by Ferguson. The Court also appointed R. David Boyer as a receiver to assist in locating and dispensing Ferguson's assets to investors. Boyer can be contacted at (219) 422-7422. If you have seen Phillip L. Ferguson, please contact the CFTC at 312-353-7956 or via e-mail: hrooney@cftc.gov.


Name: Andrew Duncan
DOB: 10/11/67

On August 30, 2001, the Division of Enforcement for the Commodity Futures Trading Commission (CFTC) filed an injunctive action in the U.S. District Court for the Northern District of Illinois, Eastern Division, against Andrew Duncan and The Aurum Society, Inc., charging them with fraud and registration violations of the Commodity Exchange Act and the CFTC's regulations. The CFTC complaint charges that Duncan operated a commodity pool and collected over $3 million from clients while failing to register with the CFTC as a commodity pool operator. The complaint also alleges that Duncan misrepresented pool profits and issued statements overstating the pool's value. In addition, Duncan prepared and provided to at least two of his clients false information regarding the rate of return for the clients' accounts.

On August 30, 2001, the Honorable Judge David Coar, United States District Judge for the Northern District of Illinois, Eastern Division, issued a statutory restraining order against Duncan and the Aurum Society, which, among other things, prohibits the transfer or dissipation of any assets, funds or other property controlled by Duncan. If you have information regarding Andrew Duncan, please contact the CFTC at 312-886-3137 or via email at wheitner@cftc.gov.





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