NOTICE OF DISCIPLINARY ACTION

FILE NO.:

CBOT 09-03559-BC

MEMBER:

GREG O’LEARY (GX)

CBOT RULE VIOLATIONS:

Rule 539. – PREARRANGED, PRE-NEGOTIATED, AND NONCOMPETITIVE TRADES PROHIBITED (in part)

A. No person shall prearrange or pre-negotiate any purchase or sale or noncompetitively execute any transaction….

(legacy) Rule 432. – GENERAL OFFENSES

It shall be an offense:

B. to engage in … conduct or proceedings inconsistent with just and equitable principles of trade.

FINDINGS:

Pursuant to an offer of settlement in which Greg O’Leary (“O’Leary”) neither admitted nor denied the rule violations upon which the penalty is based, on July 2, 2012 a Panel of the CBOT Business Conduct Committee (the “Panel”) found that on five (5) occasions in June 2009, while trading in the Wheat futures pit, O’Leary engaged in noncompetitive Wheat futures spread trades.

The Panel found that in so doing, O’Leary violated CBOT Rule 539.A. and (legacy) CBOT Rule 432.B.

PENALTY:

In accordance with the settlement offer, the Panel ordered O’Leary to (i) pay a fine of $20,000; and (ii) serve a five (5) business day suspension of his 1) membership privileges; 2) access to any CME Group Inc. trading floors, and 3) direct access to all electronic trading and clearing platforms owned or controlled by CME Group, including CME Globex. The suspension shall run from July 5, 2012 through July 11, 2012, inclusive.

EFFECTIVE DATE:

July 5, 2012