NOTICE OF DISCIPLINARY ACTION

FILE NO.:

COMEX 10-07511-BC

MEMBER:

JOHN COLUCCI (JCR)

NYMEX RULE VIOLATION:

Legacy NYMEX Rule 8.55 – CLASSIFICIATION OF OFFENSES

(B) Minor Offenses – No Member, Member Firm, or any employee of the foregoing shall commit a violation of any of the following rules, which shall be deemed minor offenses of the Exchange.

(2) to engage in conduct inconsistent with just and equitable principles of trade.

FINDINGS:

Pursuant to an offer of settlement in which John Colucci (“Colucci”) neither admitted nor denied the rule violations upon which the penalty is based for purposes of resolving this matter, on July 27, 2011, a panel of the COMEX Business Conduct Committee (the “Panel”) found there was a reasonable basis to believe that on October 13, 2008, Colucci accepted a profiting round-turn transaction into his personal account that was executed noncompetitively by another trader, without his knowledge. As a result, Colucci profited $750.

The Panel found that in so doing, there was a reasonable basis to believe Colucci violated Legacy NYMEX Rule 8.55(B)(2).

PENALTY:

In accordance with the settlement offer, the Panel ordered Colucci to disgorge $750 in profits and serve a suspension for a period beginning on the effective date of the Committee’s decision and lasting 4 business days from the date the disgorgement is paid in full of his 1) membership privileges; 2) access to all 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. 
 

EFFECTIVE DATE:

August 1, 2011