NOTICE OF SUMMARY ACCESS DENIAL ACTION

FILE NO.:

NYMEX 09-18
 

NONMEMBER:

KENT R.E. WHITNEY
 

NYMEX RULE: 413. SUMMARY ACCESS DENIAL ACTIONS
Non-members may be denied access to any or all CME Group markets or be denied access to the Globex platform or any other electronic trading or clearing platform owned or controlled by CME Group by the Chief Regulatory Officer or his delegate upon a good faith determination that there are substantial reasons to believe that such immediate action is necessary to protect the best interests of the Exchange.

FINDINGS:

On January 28, 2010, CME Group’s Market Regulation Department, through its Chief Regulatory Officer, summarily denied Kent R.E. Whitney’s access to all CME Group markets, including the CME Globex platform, all trading floors owned or controlled by CME Group, and all clearing platforms owned or controlled by CME Group. The summary access denial prohibits Whitney, a member at the CBOT, from trading, placing orders (on his own or someone else’s behalf), or soliciting business on any exchange owned or controlled by CME Group, including NYMEX, CME, CBOT and COMEX. Whitney is also precluded from affiliating or doing business with any member or member firm at NYMEX, CME, CBOT or COMEX.

This action is based on a good faith determination that there are substantial reasons to believe that such immediate action is necessary to protect the best interests of the exchanges and their market participants.

ACCESS DENIAL:

Pursuant to Rule 413, this access denial will remain in effect for no more than 60 days, unless the Market Regulation Department provides Whitney with notice that there will be a one-time extension of the access denial for 60 additional days.

EFFECTIVE DATE:

January 28, 2010