UNITED STATES OF AMERICA
COMMODITY FUTURES TRADING COMMISSION
|In the Matter of||
CFTC Docket Nos. 91-10, SD 93-17
|JOHN H. RYAN||
ORDER PURSUANT TO
Former Commission registrant John H. Ryan has filed a petition seeking elimination of the remainder of a six-year trading prohibition that the Commission imposed on him in April 1997.1 The pro se petition effectively claimed that Ryan has been rehabilitated and poses no substantial risk to the markets regulated by the Commission because he has learned a great deal about responsibility since the trading prohibition was imposed in 1997. Ryan supported his claim with a letter from his pastor and a resolution issued by the Chicago Board of Trade ("CBOT"). He also noted that the Illinois Office of Banks and Real Estate granted him a license to sell real estate despite knowledge of his felony conviction. The Division of Enforcement ("Division") not only opposed the petition but also argued that there was no significant doubt that Ryan's petition could be reliably resolved without a hearing.
The Division correctly noted several weaknesses in the arguments Ryan raised in his petition. These weaknesses may eventually prove fatal to Ryan's petition, especially because he seeks to return to trading on the CBOT floor. On balance, however, there is sufficient doubt about the reliability of a resolution based on the current record to warrant referral to the Director of the Office of Proceedings for assignment to an Administrative Law Judge and resolution in accordance with the standards and procedures set forth in In re LaCrosse, CFTC Docket Nos. 90-26, SD 91-6 (CFTC Aug. 28, 2000).
IT IS SO ORDERED.2
Edson G. Case
Deputy General Counsel
Commodity Futures Trading Commission
Dated: October 23, 2000
1 In re Ryan, [1996-1998 Transfer Binder] Comm. Fut. L. Rep. (CCH) ¶ 27,049 at 44,984 (CFTC April 25, 1997).
2 By the Commission pursuant to delegated authority. LaCrosse, slip op. at 7 n.10.