NOTICE OF DISCIPLINARY ACTION

FILE NO.:

CME 10-07858-BC

MEMBER:

MARK W. DOWNS (MWD)

CME RULE VIOLATION:

Rule 432.(General Offenses) (in part)

It shall be an offense:
Q. To commit an act which is detrimental to the interest or welfare of the Exchange or to engage in any conduct which tends to impair the dignity or good name of the Exchange.

FINDINGS:

Pursuant to an offer of settlement in which Mark W. Downs ("Downs") (MWD) neither admitted nor denied the rule violation upon which the penalty is based, on March 22, 2012, a Panel of the CME Business Conduct Committee found that on May 14,2010,Downs made unbusinesslike physical contact with another, which was inappropriate for the trading floor, during regular trading hours. The Panel found that in doing so,Downs violated CME Rule 432.Q. (To commit an act which is detrimental to the interest or welfare of the Exchange or to engage in any conduct which tends to impair the dignity or good name of the Exchange).

PENALTY:

In accordance with the settlement offer,the Panel fined Downs $10,000 and suspended his membership privileges, access to the trading floor and direct access to any electronic trading or clearing platform owned or controlled by CME Group,Inc. for 10 business days, from April 16 through April 27,2012.

EFFECTIVE DATE:

March 26, 2012