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CFTC imposes penalties of $250k on Peter Bryant and Bryant Capital

Reported by Fxnewsgroup
Aug 15, 2023· 2 min read
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Key Takeaways
  • • The CFTC issued a settlement order against Peter L. Bryant and Bryant Capital Trade Management Corporation on August 15, 2023, imposing total penalties of $250,655.90 ($195,000 civil monetary penalty plus $55,655.90 in restitution) for operating as an unregistered commodity trading advisor and committing fraud.
  • • Bryant and his firm operated unlawfully from February 2014 through December 2022, soliciting clients through direct outreach, electronic communications, newsletters, and web-based advertisements while making false representations about their registration status, expertise, and past performance.
  • • The order mandates four-year trading and registration bans on both Bryant and Bryant Capital, effectively barring them from operating as CTAs or engaging in commodity trading activities during this period.
  • • Client losses from the fraudulent advisory scheme totaled at least $55,655, which the respondents are required to restore as part of the settlement.
  • • The scheme specifically involved falsely claiming exempt swap intermediary status and misrepresenting qualifications in energy derivatives markets to justify unregistered advisory services in commodity options, futures, and swaps.
Summary
The Commodity Futures Trading Commission settled enforcement charges against Peter L. Bryant of Texas and his entity, Bryant Capital Trade Management Corporation, on August 15, 2023, for operating as an unregistered commodity trading advisor while defrauding clients. The settlement imposed a combined penalty package totaling $250,655.90, comprising a $195,000 civil monetary penalty and $55,655.90 in mandatory restitution to harmed clients.

According to the CFTC order, the respondents engaged in unlawful activity spanning nearly nine years, from February 2014 through December 2022. During this period, Bryant and Bryant Capital actively solicited clients through multiple channels including direct outreach, email communications, newsletters, and web-based advertisements. The solicitations specifically promoted paid advisory services regarding trading decisions in commodity options, futures, and energy market swaps. Critically, these marketing materials contained numerous false and misleading representations regarding the firm's business operations, claimed expertise in energy derivatives, client base composition, historical performance metrics, and crucially, their regulatory status under CFTC requirements.

The enforcement action identified a pattern of deliberate misrepresentation, including the false claim that the respondents' business operated as an "exempt swap intermediary" that did not require CFTC registration. The CFTC's order explicitly found these representations to be "entirely fabricated." The scheme resulted in documented client losses of at least $55,655, establishing both the fraudulent intent and quantifiable harm to retail participants in commodity markets.

As part of the settlement agreement, the CFTC imposed permanent operational restrictions on both Bryant and Bryant Capital, including a mandatory four-year ban on trading activities and registration as a commodity trading advisor. The order also requires ongoing cease-and-desist compliance with all provisions of the Commodity Exchange Act and CFTC regulations. This action underscores the commission's enforcement priority regarding unregistered advisory services and fraudulent performance claims in commodity derivatives markets.

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Sources

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Fxnewsgroup CFTC imposes penalties of $250k on Peter Bryant and Bryant Capital