Replies to post #12464 on China MediaExpress Holdings, Inc. (fka CCME)

[ciciagt]

Respondent/Effective Date
0253075 LEFT, ANDREW EDWARD 03/02/1998

Rule Summary
0253075 LEFT, ANDREW EDWARD
• C.R.2-29(a)(1) - FRAUDULENT COMM. TO PUBLIC PROHIB.
• C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS

Committee Summary
0253075 LEFT, ANDREW EDWARD
• HEARING COMMITTEE
• APPEALS COMMITTEE
• BUSINESS CONDUCT COMMITTEE

Action Summary
0253075 LEFT, ANDREW EDWARD
• SALES PRACTICE
• GENERAL CONDUCT

Penalty/Event Summary
0253075 LEFT, ANDREW EDWARD
• RESTRICTIONS ON ACTIVITIES 2 YRS
• REQUIRED TO TAPE RECORD 2 YRS
• TEMPORARY BAR FROM NFA MEMBERSHIP 3 YRS
• MAY NOT SUPERVISE 2 YRS
• OTHER--SEE NARRATIVE

Narrative Summary
COMPLAINT -

ON DECEMBER 21, 1995, NFA'S BUSINESS CONDUCT COMMITTEE ("COMMITTEE") ISSUED A COMPLAINT TO UNIVERSAL COMMODITY CORPORATION ("UCC"), ANDREW N. STERN ("STERN"), CARL ROBERT SAATHOFF ("SAATHOFF"), LARRY S. FREEDBERG ("FREEDBERG"), LARRY ALAN KAHN ("KAHN"), JOHN THOMAS CIARAMELLA ("CIARAMELLA"), MARTIN SOMMERS ("SOMMERS"), DAVID RAY BRIDGES ("BRIDGES"), LEONARD PETER VITELLO, JR. ("VITELLO"), BENJI SCOTT DAYAN ("DAYAN"), JEFFREY LAWRENCE BURSTEEN ("BURSTEEN"), ARNOLD BARRY ZAGER ("ZAGER"), KENNETH ALAN ZINNER ("ZINNER"), WILLIAM KELLY PARKS ("PARKS"), MICHAEL D. BUSHEY ("BUSHEY"), MITCHELL GROSS ("GROSS"), DANIEL ALAN GETZ ("GETZ"), DAVID SCOTT STEINFELD ("STEINFELD"), ANDREW EDWARD LEFT ("LEFT") AND ADRIAN MULLER ("MULLER").

THE COMPLAINT ALLEGED THAT UCC, STERN AND SAATHOFF USED DECEPTIVE AND MISLEADING PROMOTIONAL MATERIAL, IN VIOLATION OF NFA COMPLIANCE RULES RULES 2-29(a)(1), 2-29(b)(1) AND 2-29(b)(2). THE COMPLAINT ALSO ALLEGED THAT UCC, BURSTEEN, SOMMERS, BUSHEY, BRIDGES, STEINFELD, DAYAN, PARKS, ZAGER, ZINNER, VITELLO, GETZ, LEFT AND MULLER CHEATED, DEFRAUDED AND DECEIVED COMMODITY FUTURES CUSTOMERS AND ENGAGED IN SOLICITATIONS WHICH OPERATED AS A FRAUD OR DECEIT, IN VIOLATION OF NFA COMPLIANCE RULES 2-2(a) AND 2-29(a)(1). MOREOVER, THE COMPLAINT ALLEGED THAT UCC, SOMMERS, ZAGER, GROSS AND GETZ FAILED TO OBSERVE HIGH STANDARDS OF COMMERCIAL HONOR AND JUST AND EQUITABLE PRINCIPLES OF TRADE IN THE CONDUCT OF THEIR COMMODITY FUTURES BUSINESS, IN VIOLATION OF NFA COMPLIANCE RULE 2-4. FURTHERMORE, THE COMPLAINT ALLEGED THAT UCC, STERN, SAATHOFF, KAHN, FREEDBERG AND CIARAMELLA FAILED TO DILIGENTLY CARRY OUT THEIR SUPERVISORY RESPONSIBILITIES, IN VIOLATION OF NFA COMPLIANCE RULE 2-9.

DECISION - BRIDGES, VITELLO, DAYAN, BURSTEEN, ZAGER, ZINNER, PARKS,

GROSS, GETZ, AND LEFT.


ON FEBRUARY 13, 1998, A DESIGNATED PANEL OF NFA'S HEARING COMMITTEE ISSUED A DECISION AFTER A HEARING TO BRIDGES, VITELLO, DAYAN, BURSTEEN, ZAGER ZINNER, PARKS, GROSS, GETZ AND LEFT. THE PANEL MADE THE FOLLOWING FINDINGS AND IMPOSED THE FOLLOWING PENALTIES:

ANDREW LEFT -


THE PANEL FOUND THAT LEFT MADE FALSE AND MISLEADING STATEMENTS TO CHEAT, DEFRAUD OR DECEIVE A CUSTOMER IN VIOLATION OF NFA COMPLIANCE RULES 2-2(a) AND 2-29(a)(1). LEFT'S CONDUCT WAS INCONSISTENT WITH JUST AND EQUITABLE PRINCIPLES OF TRADE.

CONSEQUENTLY, THE PANEL BARRED LEFT FROM ASSOCIATION WITH AND FROM ACTING AS A PRINCIPAL OF ANY NFA MEMBER FOR THREE YEARS; ORDERED HIM TO TAKE AN ETHICS TRAINING COURSE; AND PLACED RESTRICTIONS ON HIS ACTIVITIES FOR TWO YEARS WHICH PREVENT HIM FROM SUPERVISING ANY AP AND REQUIRE HIM TO TAPE RECORD AND LOG ALL CONVERSATIONS WITH CURRENT AND POTENTIAL CUSTOMERS.
Here's the link:
http://www.nfa.futures.org/BasicNet/Case...
my edit....link not working....try this http://www.investorvillage.com/smbd.asp?mb=1314&mid=2439205&pt=msg

[Headley Lamar]

I've got to ask...is that puke on his lip in the mug shot? What a friggen loser. I hope this guy burns.

[bullmarkets]

Gunnar:

Thanks. Just forwarded that to my contact at a regulatory authority.

-Andrew

[Millstone]

Apparently Left was the President of Detour Media Group for a short time. Things didn't go well:

http://www.sec.gov/Archives/edgar/data/935730/000101359602000031/fm10k_12-01.txt

"In February 2002, we commenced an action against Andrew Left, our former
President, which action has been filed in the Superior Court for the State of
California for the County of Los Angeles, Case No. BC269050, for the recovery of
approximately $25,000, plus costs, interest and exemplary and punitive damages.
Our complaint alleges fraud and deceit, negligent misrepresentation, breach of
fiduciary duty and unlawful monetary conversion. As of the date of this Report,
our complaint has been filed and we are awaiting the filing of an answer. While
no assurances can be provided, we are optimistic that we will be successful in
this matter."