NOTICE OF DISCIPLINARY ACTION

FILE NO.:

NYMEX 11-08563

NON-MEMBER:

ANDREW GOLDSTEIN

NYMEX RULES:

NYMEX Rule 524.A. Trading at Settlement (“TAS”) Transactions

2. TAS orders may be entered on Globex at any time the applicable contracts are available for TAS trading on Globex and during each TAS contract’s prescribed pre-open time period. The initiation of any TAS order on Globex outside these time periods is prohibited.

NYMEX Rule 432. General Offenses

It shall be an offense:

Y. to improperly use the Globex platform or any electronic trading or clearing platform owned or controlled by CME Group or permit the unauthorized use of such platforms.

FINDINGS:

Pursuant to an offer of settlement that Andrew Goldstein (“Goldstein”) presented at a hearing on April 12, 2012, in which Goldstein neither admitted nor denied the findings or the rule violations upon which the penalty is based, a Panel of the NYMEX Business Conduct Committee (“Panel”) found that during the time period between September 9, 2011 and September 26 2011, Goldstein, while acting in the capacity of an authorized representative or agent of member firm MBF Trading and therefore subject to jurisdiction under NYMEX Rule 400, entered TAS orders prior to the security status messages stating that the product group had entered a pre-open state and improperly used the Globex platform by entering TAS orders prior to the security status message on three occasions, in violation of NYMEX Rule 524.A. (Trading at Settlement (“TAS”) Transactions) and NYMEX Rule 432.Y. (Improper Use of the Globex Platform).

PENALTY:

In accordance with the settlement offer, the Panel ordered Goldstein to pay a fine to the Exchange in the amount of $15,000.

EFFECTIVE DATE:

April 16, 2012