CFTC Court Order Requires Fundsz Defendants to Pay $31.48 Million

The U.S. Commodity Futures Trading Commission said a federal court has entered a default judgment against Brian Early and Alisha Ann Kingrey in connection with the Fundsz digital-assets and precious-metals fraud scheme.

The U.S. District Court for the Middle District of Florida ordered the defendants to pay $15,732,455 in restitution and a $15,752,455 civil monetary penalty. The combined amount is $31,484,910.

The September 30 announcement also said the court permanently barred Early and Kingrey from trading and from registration.

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Court orders restitution and civil penalty

According to the CFTC, the default judgment covers Early and Kingrey’s roles in the Fundsz scheme. The restitution order is intended to address losses identified in the agency’s case, while the civil monetary penalty is a separate court-imposed sanction.

The two payment requirements total more than $31 million. The order also imposes permanent trading and registration bans on both defendants.

  • Restitution: $15,732,455
  • Civil monetary penalty: $15,752,455
  • Total ordered payments: $31,484,910

CFTC action reaches resolution

The CFTC said the court also entered consent orders against two other defendants. Together with the default judgment against Early and Kingrey, those orders resolved all remaining claims in the agency’s action.

The outcome is an enforcement development involving a scheme described by the CFTC as involving digital assets and precious metals. It does not change the separate regulatory work underway at the agency, including the CFTC’s comment process on potential crypto-asset market rules and CFTC staff updates to crypto and blockchain FAQs for registrants.

What the order establishes

The court’s order establishes monetary obligations and permanent market-participation restrictions for Early and Kingrey under the CFTC action. The agency’s announcement identifies the judgment as a default judgment, meaning the court entered it without a contested trial by those defendants.

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The reported resolution concerns the CFTC’s remaining claims in this case. The announcement does not provide further details in the supplied evidence about collection of the ordered amounts or the specific terms of the consent orders involving the other defendants.

Continue reading: CFTC’s comment process on potential crypto-asset market rules on BTCNews.

Continue reading: CFTC staff updates to crypto and blockchain FAQs for registrants on BTCNews.

Sources

  • U.S. Commodity Futures Trading Commission: CFTC Secures Court Order Directing Louisiana Man and Arkansas Woman to Pay Over $31 Million for Digital Assets, Precious Metals Fraud

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