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Ex-FXCM clients suffer defeat in Court as lawsuit against Effex Capital dismissed
February 2, 2019, 9:45 am UTC
"... A legal action targeting Effex Capital, the company embroiled in FXCM’s exit from the US retail Forex market, was terminated on February 1, 2019, after the New York Southern District Court issued an order against former clients of FXCM Inc.
Let’s recall that this lawsuit was launched by Arthur P. Cardi, Bikram Randhawa, Mark Govers, Rosimara Tadrous, Steven Plunger – former customers of FXCM Inc, now known as Global Brokerage Inc (OTCMKTS:GLBR).
The plaintiffs have brought the action on behalf of themselves and all other former customers of FXCM Inc; Forex Capital Markets, LLC; and FXCM Holdings, LLC, in an effort to recover the damages they and the Class suffered as a result of the alleged fraud perpetrated by Effex Capital, Dittami and FXCM. The customers say they were led to believe that FXCM provided a conflict-free retail Forex trading platform, whereas, in fact, the opposite was true: FXCM had a hidden relationship with Effex, which held positions opposite to orders placed by the Class and could (unlike other liquidity providers) view non-public details of those orders, and then engaged in abusive practices—all to the benefit of Effex, Dittami and FXCM.
The plaintiffs argue that Effex was central to this misconduct, as it was the secret liquidity provider that FXCM was penalized for concealing from its customers. Effex and Dittami should be held responsible for the damages they caused to the Class during the seven-year Class Period—which far exceed those identified by the CFTC, according to the ex-clients of the broker.
The plaintiffs stress that Effex deprived them of positive slippage and gave them negative slippage—when it would benefit Effex’s and FXCM’s bottom line. Two of the most egregious practices were the Hold Timer, and Previous Quote functions. Effex used both of these abusive practices to harm FXCM’s customers. Furthermore, all trades that were routed to Effex were denied best execution and the possibility of a better price—i.e. positive slippage—because the other liquidity providers were not allowed to compete to provide a better price to the traders.
The plaintiffs insist that Effex and Dittami knew FXCM intended to violate the CEA because they operated hand-in-glove. Also, without Effex’s participation, FXCM could not have violated the CEA. Because FXCM created Effex to secretly trade against its customers, Effex did more than “provide normal clearing services to a primary broker.”
The Court, however, has agreed to grant the defendants’ motion to dismiss. As per the Order issued on Friday, February 1, 2019, the plaintiffs have failed to plead with particularity violations of the CEA and have also failed to state a claim.
The Court ruled that the plaintiffs’ complaint does not indicate that the ex-FXCM clients suffered any actual damages as a result of the alleged fraud run by Effex and its CEO John Dittami. Instead, the plaintiffs are said to have produced “speculative and unsupportive statements”. Pointing to rebate payments as equal to losses suffered by former FXCM customers is not indicative of any damage, the Court determined.
Furthermore, the former clients of FXCM have not alleged sufficient nexus between them and Effex or Dittami. Effex or Dittami were not parties to any contracts with FXCM clients nor did they have direct dealings with them. Hence, the plaintiffs were found to have failed to made the requisite showing for Effex’s unjust enrichment.
The plaintiffs have 30 days to file a notice of appeal in case they wish to do so. ..."
https://financefeeds.com/ex-fxcm-clients-suffer-defeat-court-lawsuit-effex-capital-dismissed/
Global Brokerage manages to secure partial dismissal of “mega lawsuit”
March 1, 2018, 8:57 pm UTC
"... There is an update on the “mega lawsuit” against Global Brokerage Inc (OTCMKTS: $GLBR), formerly known as FXCM Inc, from the New York Southern District Court, where an oral argument in the case brought by investors in the public securities of the company was held earlier today.
Information is scarce at this point but what is clear is that the Judge Ronnie Abrams partially granted and partially denied the defendants’ motion to dismiss the case.
The Court denied FXCM’s motion to the degree that it concerns the allegations against the broker made in the regulatory settlements from February 2017 with the United States Commodity Futures Trading Commission and the National Futures Association.
Let’s recall that the broker had wanted the Court to strike all allegations in the plaintiffs’ Complaint that refer to, or rely upon, the allegations contained in the unadjudicated CFTC Order and NFA Complaint. In short, the broker had claimed that the plaintiffs had inappropriately cribbed the entirety of their purported factual allegations from the unadjudicated CFTC Order and NFA Complaint, which were said to be insufficient to support the plaintiffs’ claims. The Court today disagreed with the broker in this respect.
However, FXCM Inc and a number of its former and current top officers managed to secure a win when it comes to the rest of their Motion to Dismiss. That is, the Court agreed that FXCM’s NDD statements are not misleading. Let’s note that the company’s statements started with “we believe” the NDD model “aligns our interests with those of our customer,” thus merely meaning, according to the defense, that the company was expressing its opinion.
The Court also agrees that the plaintiffs have not managed to prove scienter against FXCM.
This is not the end to the case, as the plaintiffs are granted leave to amend, and they must file their amended complaint by April 6, 2018. Defendants shall have until May 7, 2018, to file their response.
The so-called “mega lawsuit” is a class action on behalf of investors in the public securities of FXCM Inc. A putative class consists of all persons and entities who purchased or otherwise acquired publicly traded FXCM securities from March 15, 2012 to February 6, 2017.
The complaint alleged that FXCM misled its clients, investors and the regulators by claiming that the company’s “No Dealing Desk” (NDD) platform would provide its customers with a Forex trading platform that was free of conflicts of interest. As a result of the investigations by the CFTC and NFA, the allegations and penalties announced in February 2017, the price of FXCM’s stock dropped sharply, losing more than half of its value and damaging investors.
The complaint also alleged that each of the individual defendants directly participated in the management of the company and was aware of or recklessly disregarded the fact that the false and misleading statements were being issued concerning the company.
The case is captioned In re Global Brokerage, Inc. f/k/a FXCM Inc. Securities Litigation (1:17-cv-00916). ..."
https://financefeeds.com/global-brokerage-manages-secure-partial-dismissal-mega-lawsuit/
Court grants CFTC more time to decide on its stance in case about FXCM publications
February 18, 2019, 9:45 am UTC
The CFTC has until March 25, 2019, to decide whether to file a brief concerning NFA’s publications about FXCM from February 2017.
"... Shortly after the United States Commodity Futures Trading Commission (CFTC) asked the Seventh Circuit U.S. Court of Appeals to give it more time to determine its stance in a lawsuit targeting the National Futures Association (NFA), the Court has granted the CFTC request.
In an order entered on February 15, 2019, the Court agrees that the amicus brief of the Commodity Futures Trading Commission, if any, shall be due by March 25, 2019. This means a three-week extension for the US regulator, so that it may decide whether or not to file a brief in which to state its position on the allegations made by Effex Capital, the company involved in FXCM’s US retail FX market exit, against NFA. ..."
https://financefeeds.com/court-grants-cftc-time-decide-stance-case-fxcm-publications/
Derivative stockholder lawsuit targeting Global Brokerage and Drew Niv may be close to its end
February 28, 2019, 11:14 pm UTC
A lawsuit focused on the events from January 15, 2015 and the loan from Leucadia that FXCM Inc’s directors agreed to back then may be close to its end.
"... A lawsuit brought by Brett Kandell, a stockholder of FXCM Inc, now known as Global Brokerage Inc (OTCMKTS:GLBR), may be close to its end, as the parties in the case have reached a settlement. The notice concerning the agreement, which has yet to be approved by the Court, has been published by Global Brokerage.
Under the terms of the settlement, the defendants shall caused to be paid on their behalf $1,550,000 to the broker. That is, the benefits will go to the company and not to the stockholders.
The released claims include, inter alia, all claims related to the events from January 15, 2015, as well as the decision of the Board of Directors of the company to approve the Leucadia loan.
Stockholders who held shares in FXCM Inc (Global Brokerage Inc) as of January 16, 2019 and who continue to hold stock, have the right to object to the proposed settlement. They have the right to be heard at the Settlement Hearing to be held before the Honorable Sam Glasscock III on June 5, 2019, at the Delaware Chancery Court. ..."
https://financefeeds.com/derivative-lawsuit-targeting-global-brokerage-drew-niv-may-close-end/
Trading action is suggestive that the litigation which has followed $GLBR is about to be positively resolved.
"... There has been a slight change in the timing of the proceedings in the lawsuit launched by investors in FXCM Inc, now known as Global Brokerage Inc (OTCMKTS:GLBR). The New York Southern District Court has rescheduled the oral argument on the defendants’ Motion to Dismiss the case against them.
The argument had initially been scheduled for February 27, 2019, but today Judge Ronnie Abrams signed an order granting a request by the plaintiffs to reschedule the argument. It is now set to happen on March 6, 2019. ..."
https://financefeeds.com/ny-court-reschedules-oral-argument-mega-lawsuit-fxcm-inc/
Trading volume has picked up. Earlier today, 10,000 shares were showing on the Ask at $0.1999. There are now only 5,000 shares showing on the Ask at $0.1999.
Golden Cross starting to form in $GLBR right before its oral argument on 03/06/2019. The Golden Cross should form around $0.08, but most likely in the upper $0.07 range.
Golden Cross Definition from Investopedia: https://www.investopedia.com/terms/g/goldencross.asp
Key Takeaways
- The golden cross is a technical chart pattern indicating the potential for a major rally.
- The golden cross appears on a chart when a stock’s short-term moving average crosses above its long-term moving average.
$GLBR 3Q2018 Results: 11/12/2018
https://docs.fxcorporate.com/ir-glbr/press-releases/Global-Brokerage-FS-Sept-2018.pdf
NY Court reschedules oral argument in “mega lawsuit” against FXCM Inc
February 20, 2019, 6:36 pm UTC
The argument in the case launched by investors in FXCM Inc, now known as Global Brokerage Inc, has been set for March 6, 2019.
There has been a slight change in the timing of the proceedings in the lawsuit launched by investors in FXCM Inc, now known as Global Brokerage Inc (OTCMKTS:GLBR). The New York Southern District Court has rescheduled the oral argument on the defendants’ Motion to Dismiss the case against them.
The case is captioned In re Global Brokerage, Inc. f/k/a FXCM Inc. Securities Litigation (1:17-cv-00916).
https://financefeeds.com/ny-court-reschedules-oral-argument-mega-lawsuit-fxcm-inc/
Standard Chart:
One-Year Chart:
I am still Holding and loading here
Maybe good Time to acumulare and sudden Pop
Im shocked this hasnt fone through at least a buck here. Commons surived!! This ran higher on the news of the restructuring. Like WTF?!? lol
Yes...let's see.
Got me a few today as a Lotto ;)
Global Brokerage, Inc. Successfully Completes Prepackaged Plan of Reorganization; Emerges from Chapter 11 Bankruptcy
GlobeNewswire "Press Releases"
NEW YORK, Feb. 08, 2018 (GLOBE NEWSWIRE) -- Global Brokerage, Inc. (NASDAQ:GLBR) ("Global Brokerage"), announced the effective date of its Prepackaged Chapter 11 Plan of Reorganization of Global Brokerage, Inc. (the Plan), which was confirmed by Bankruptcy Judge Michael E. Wiles on January 22, 2018, occurred on February 8, 2018. The overall purpose of the Plan was successful, and the new secured notes have been distributed in accordance with the Plan.
Disclosure Regarding Forward-Looking Statements
In addition to historical information, this earnings release may contain "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, Section 21E of the Exchange Act and/or the Private Securities Litigation Reform Act of 1995. Forward-looking statements include statements preceded by, followed by, or including the words "believes," "expects," "anticipates," "plans," "estimates," "projects," "forecasts," or similar expressions. Examples of forward-looking statements in this news release are statements about the expected terms and timing of the Plan, the expected SEC deregistration and the financial impact on Global Brokerage, including reduced expenses, resulting from the restructuring transactions. These forward-looking statements are not historical facts and are based on current expectations, estimates and projections about Global Brokerage's industry, business plans, management's beliefs and certain assumptions made by management, many of which, by their nature, are inherently uncertain and beyond our control. Accordingly, readers are cautioned that any such forward-looking statements are not guarantees of future performance and are subject to certain risks, uncertainties and assumptions that are difficult to predict including, without limitation, risks associated with Global Brokerage's strategy to focus on its operations outside the United States, risks associated with the events that took place in the currency markets on January 15, 2015 and their impact on Global Brokerage's capital structure, risks associated with Global Brokerage's ability to recover all or a portion of any capital losses, risks relating to the ability of Global Brokerage to satisfy the terms and conditions of or make payments pursuant to the terms of the finance agreements with Leucadia, as well as risks associated with Global Brokerage's obligations under its other financing agreements, risks related to Global Brokerage's dependence on FX market makers, market conditions, risks associated with the outcome of any potential litigation or regulatory inquiries to which Global Brokerage may become subject, risks associated with potential reputational damage to Global Brokerage resulting from its sale of US customer accounts, and those other risks described under "Risk Factors" in Global Brokerage's Annual Report on Form 10-K, Global Brokerage's latest Quarterly Report on Form 10-Q, and other reports or documents Global Brokerage files with, or furnishes to, the SEC from time to time, which are accessible on the SEC website at sec.gov. This information should also be read in conjunction with Global Brokerage's Consolidated Financial Statements and the Notes thereto contained in Global Brokerage's Annual Report on Form 10-K, Global Brokerage's latest Quarterly Report on Form 10-Q, and in other reports or documents that Global Brokerage files with, or furnishes to, the SEC from time to time, which are accessible on the SEC website at sec.gov.
About Global Brokerage, Inc.
Global Brokerage, Inc. (NASDAQ:GLBR) is a holding company with an indirect effective ownership of FXCM Group, through its equity interest in Global Brokerage Holdings, of between 10 50% depending on the amount of distributions made by FXCM Group.
Investor Relations
investorrelations@globalbrokerage.info
Primary Logo
Source: Global Brokerage, Inc.
Show's over on this one. Put a measly 1000 in as a highly speculative investment and forgot about it. Got the chapter 11 notice in the mail from E-Trade.
Anyone been in a situation like this before? If it's even still trading would it be better to sell and move on or wait until it's zero?
Thanks.
Do you know the new ticket,pleas
GLBR delisted from the Nasdaq to the OTC:
http://otce.finra.org/DLAdditions
Well sh!t, GLBR went south fast. I'm in the RED 21% at this point...
* * $GLBR Video Chart 12-12-17 * *
Link to Video - click here to watch the technical chart video
So glad that I jumped into GLBR @0.48 yesterday, wasn't expecting it to bounce back like this but very nice rebound :)
Starting to break back to the upside again. Watch t closely here peeps!
GLBR
Used the word reorganization instead of Bankruptcy
Yep. Figured after the initial 'panic', the 'coin' factor would bring her back up.
Sure did...I was placing a buy and this shot up another 10% before I could hit submit. So frustrating, but still got some discounts!
GLBR
Company paradigm shift. snooze you lose! GANGBUSTERS!
dropped like a rock then blasted off
These coin plays are 'insane in da membrane'!!
GLBR
Round 2 UT! This sucker's moving!!
GLBR
* * $GLBR Video Chart 12-11-17 * *
Link to Video - click here to watch the technical chart video
Can't reply boss
Entry found @ .75. Not the first stock to get delisted then o on to do well...Lets see what she does from here.
GLBR
lol yep. delisting. bye bye all $$$$$$
Lmfao. Dumb reaction of delist news. Oooook
adding all I can on this dumb reaction, great run, more to come. Have a great weekend
Haha sorry had way too many plays this past week so wasn’t posting much. To be honest I only bought this cause it was on my bitcoin list and saw the money moving in so jumped on board, didn’t know much about it. Can’t even recall how it got on my bitcoin list lol.
Read my first post here...yesterday...I referenced the restructuring. What's already out there is why I didn't buy...but it also left me missing a damn good run as I 'blinked' at .32 yesterday.
Yo!!! You were in from .30 and didn't tell anybody about this?!? Wtf?!? I thought we were friends!!
This isn't news, informed people knew this 11/10/17 PR, nothing has changed . The co. just filed the required filings.
Global Brokerage, Inc. Announces Entry Into Restructuring Support Agreement with Approximately 70% of Noteholders; Also Announces Delisting from NASDAQ Global Market, Transfers to NASDAQ Capital Market and Changes to its Board of Directors and Executive Officers
"The rights of holders of Global Brokerage common stock will be unimpaired. "
http://www.otcmarkets.com/stock/GLBR/news
Yeah I’m out, was in from .30 sold half yesterday, sold more above 1 today and sold the last little bit in AH.
Not yet.. wait for that DCB opportunity after all the noobie RH holders who cant sell AH dump this first thing Monday. THEN maybe we'll see a DCB .. it would dump so much harder if it wasnt AH on a Friday imo.
Your money but the risk reward isn’t ideal
We now know why insiders were selling ;)
Or maybe entry opportunity?!?
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FXCM Holdings, LLC has one of the leading Forex-trading platforms.
It has almost 200,000 customer accounts in 180 countries.
On 2-Dec-2010, the company completed an IPO at $14/share.
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FXCM THE WORLD #1 FOREIGN EXCHANGE TRADING SERVICE PROVIDER
FXCM Inc. is an online provider of foreign exchange trading and related services to approximately 195,000 active retail customers across the World. The Company offers its customers access to over-the-counter foreign exchange markets through its technology platform. It offers customers an agency model to execute their trades. The Company operates its business through two segments: retail trading and institutional trading. The Company’s institutional trading segment, FXCM Pro, offers foreign exchange trading services to banks, hedge funds and other institutional customers on an agency model basis. The Company also earns other forms of revenue from: referring broker fees and white label arrangements with other financial institutions to provide platform, back office and trade execution services, trading in contract-for-differences, trading in equities and equity options, payments for order flow, FX market prices and other various ancillary FX related services and joint ventures.
http://www.fxcm.com/
http://www.scribd.com/doc/258538134/FXCM-Q4-2014-Earnings-Presentation
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Fourth Quarter 2014 Results
FXCM: Q4 NET PROFIT: 15.8 MILLION DOLLARS
U.S. GAAP net income attributable to FXCM Inc. of $15.8 million or $0.35 per fully diluted share versus $0.08 per fully diluted share for the same period in 2013 and $0.05 per fully diluted share in the third quarter 2014
Adjusted EBITDA of $40.8 million, up 53% versus the same period in 2013 and up 43% from the third quarter 2014
http://ir.fxcm.com/secfiling.cfm?filingID=1144204-15-15651&CIK=1499912
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Mar 12, 2015
Q4 2014 FXCM Inc. Earnings Conference Call
Listen to webcast
View Presentation 382.5 KB
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FXCM BOOK VALUE PER SHARE: 13.45 dollars
Total Equity: 643 million dollars.
Outstanding shares: 47.8 million
Book value per share: Total Equity/ Outstanding shares
$643M / 47.8M= 13.45 dollars
http://ir.fxcm.com/secfiling.cfm?filingID=1144204-15-15651&CIK=1499912
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FXCM REPAID $12 MILLION TO LEUCADIA AND disposing of non-core assets to further repay a portion of the debt
On January 15th, 2015, FXCM customers generated negative equity balances owed to us of approximately $276 million due to the unprecedented volatility in the Swiss Franc
On January 16th, 2015, we entered into a $300 million financing transaction with Leucadia National Corporation
FXCM has since repaid $12 million of the facility and is in the process of disposing of non-core assets to further repay a portion of the debt
http://ir.fxcm.com/secfiling.cfm?filingID=1144204-15-15651&CIK=1499912
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FXCM CEO: WE HAVE MULTIPLE BIDS FOR Japanese and Hong Kong SUBSIDIARIES .
FXCM CEO Mr. Niv said, “We have decided to exit the Japanese and Hong Kong retail markets selling our locally regulated subsidiary in each country. The sales will not only generate meaningful proceeds, but will also liberate over $50 million of cash which currently resides in these two entities.”
“We have multiple bids for each subsidiary and are seeing significant competition for these properties. We are in active discussions to select the best bid and move towards closing in the near future,” he explained.
http://forexmagnates.com/fxcm-inc-conference-call-review-huge-business-shakeup-coming/#sthash.qL96V96O.dpuf
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FXCM'S TOTAL NON-CORE ASSETS EXCEED 250 MILLION DOLLARS
The company’s CEO Drew Niv stated, “We believe that the sale proceeds plus cash freed from the balance sheet of these entities could exceed $250 million, which would go a long way towards repaying if not fully repaying the Leucadia loan.”
http://forexmagnates.com/fxcm-inc-conference-call-review-huge-business-shakeup-coming/#sthash.qL96V96O.dpuf
FOR THE NUMBER OF NON-CORE ASSET LISTS
CHECK PAGE 10
http://www.scribd.com/doc/258538134/FXCM-Q4-2014-Earnings-Presentation
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FXCM~ 4 big institutions hold 30.86% of shares
1.9 Trillion Dollars Fund FMR LLC (Fidelity Management and Research) increased shares to 4,918,818 (10.42%) as of Feb 13, 2015 from 673,450 (1.42%) Feb 09, 2015
FMR LLC was holding 4,918,818 (10.42%) as of Feb 13, 2015
http://secfilings.nasdaq.com/filingFrameset.asp?FileName=0000315066-15-001929.txt&FilePath=\2015\02\13\&CoName=FXCM+INC.&FormType=SC+13G%2FA&RcvdDate=2%2F13%2F2015&pdf=
FMR LLC was holding 673,450 (1.42%) shares as of Feb 09, 2015
http://secfilings.nasdaq.com/filingFrameset.asp?FileName=0000315066-15-001579.txt&FilePath=\2015\02\10\&CoName=FXCM+INC.&FormType=SC+13G%2FA&RcvdDate=2%2F10%2F2015&pdf=
4.59 Trillion dollars Fund, BlackRock, Inc. holds 4,741,392 (10.1%) shares as of January 09, 2015
http://secfilings.nasdaq.com/filingFrameset.asp?FileName=0001086364-15-000070.txt&FilePath=\2015\01\09\&CoName=FXCM+INC.&FormType=SC+13G%2FA&RcvdDate=1%2F9%2F2015&pdf=
3 Trillion dollars Fund, THE VANGUARD GROUP increased shares to 2,558,846 (5.42% ) from 2,504,226
http://secfilings.nasdaq.com/filingFrameset.asp?FileName=0000932471-15-003964.txt&FilePath=\2015\02\10\&CoName=FXCM+INC.&FormType=SC+13G&RcvdDate=2%2F10%2F2015&pdf=
INVESCO LTD Holds 2,400,347 (5.1%) as of Feb 13, 2015.
http://secfilings.nasdaq.com/filingFrameset.asp?FileName=0000914208-15-000283.txt&FilePath=\2015\02\13\&CoName=FXCM+INC.&FormType=SC+13G&RcvdDate=2%2F13%2F2015&pdf=
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4 big institutions holds total 30.86% of FXCM shares..
by the way there 129 institutions holds FXCM shares.. just the 4 big one holds 30.86% of shares..
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BLOOMBERG: U.S. Is Seeking Billions From Global Banks in Currency Manipulation Settlement
....The discussions, which have begun in earnest in recent weeks, could lead to settlements that would resolve U.S. accusations of criminal activity in the currency markets against Barclays Plc, Citigroup Inc., JPMorgan Chase & Co., Royal Bank of Scotland Group Plc and UBS Group AG. The government has also said it is preparing cases against individuals.....
Headquarters | FL 50, 55 WATER ST. NEW YORK, NY, United States 10041 |
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Phone | 646-432-2241 |
Fax | 212-897-7669 |
Chairman of the Board, Chief Executive Officer | Dror Niv |
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Chief Financial Officer | Robert Lande |
Chief Executive Officer - European Operations | Brendan Callan |
Chief Operating Officer, Director | David Sakhai |
Executive Vice President - Technology | Evan Milazzo |
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