UNITED STATES OF AMERICA
COMMODITY FUTURES TRADING COMMISSION
|In the Matter of :||CFTC Docket No. CRAA 98-5|
|Marc S. Wuensch||ORDER|
On September 14, 1998, we received a notice of appeal and petition from Marc S. Wuensch asking us to stay the effective date of a final order of the National Futures Association ("NFA") pending Commission review. The NFA decision was dated September 1, 1998, and revokes Wuensch's registration as an associated person ("AP") effective October 5, 1998. The NFA filed a response opposing Wuensch's request.
When Wuensch filed his notice of appeal, he did not include a filing fee.1 Under Commission Rule 171.23, 17 C.F.R. § 171.23 (1998), a notice of appeal which is not accompanied by a filing fee is defective and cannot be accepted. Accordingly, the Proceedings Clerk returned Wuensch's notice on September 18, 1998. At the sametime, the Proceedings Clerk informed Wuensch that his request for a stay of the NFA order pending consideration of the merits of the appeal could not be considered without the proper filing of a notice of appeal.
Wuensch refiled his notice of appeal on September 23, 1998. While that notice of appeal was filed within the time limit specified in Commission Rule 171.23, the petition for stay was filed after the time specified in Commission Rule 171.22, 17 C.F.R. § 171.22 (1998). Wuensch urges us to accept the late-filed petition. Wuensch claims that NFA did not inform him that he needed to include the filing fee and did not include a copy of the Commission rules with its order. He states, "[i]n all fairness, my response was filed on time and the only way that I found out about the above mentioned items was by speaking directly to [the Proceedings Clerk]."
Absent a showing of good cause, we do not grant motions to extend the time prescribed by our rules for filing any document. Commission Rule 171.5, 17 C.F.R. 171.5 (1998). As a Commission registrant, Wuensch is required to comply with Commission rules in conducting himself and his business and is deemed to know the contents of the Commission's rules. Accordingly, Wuensch has not shown good cause, and his late-filed petition for stay of the effective date of the NFA order pending Commission review of his appeal is not accepted for consideration.
IT IS SO ORDERED.
By the Commission (Chairperson BORN and Commissioners TULL, HOLUM, SPEARS, and NEWSOME).
Jean A. Webb
Secretary of the Commission
Commodity Futures Trading Commission
Dated: October 7, 1998
1 The NFA argues that the one-page letter addressed to the Commission from Wuensch does not contain a notice of appeal. Wuensch's letter begins "[u]nder commission [sic] regulation 171.23 I am filing this appeal to request that the commission [sic] does not revoke my registration . . ." Wuensch's pro se letter is accepted as a notice of appeal. Wuensch must perfect this notice as specified in Commission Rule 171.25, 17 C.F.R. § 171.25.