Release Number 6229-12

April 12, 2012

CFTC Charges Brad Lee Demuzio of Idaho and his Company, Demuzio Capital Management, with Operating a Fraudulent $1.8 Million Commodity Pool and Forex Ponzi Scheme

Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced the filing of a complaint in federal court in Idaho charging defendant Brad Lee Demuzio of Chubbuck, Idaho and his company, Demuzio Capital Management, with operating a Ponzi scheme that solicited nearly $1.8 million. The money was primarily deposited into a pooled investment vehicle, in connection with off-exchange foreign currency (forex) transactions. The defendants’ fraudulent scheme is alleged to have caused approximately $900,000 in losses to investors, of which approximately $700,000 was misappropriated by the defendants. Neither Demuzio nor Demuzio Capital Management has ever been registered with the CFTC.

From at least June 2008 to November 2011, Demuzio allegedly solicited prospective and actual pool participants to enter into partnerships for the purpose of trading in forex. During the period, Demuzio allegedly fraudulently solicited and accepted approximately $1.8 million from at least 16 participants. In doing so, he also allegedly misled prospective and actual participants about the intended use of their funds.

According to the CFTC complaint, filed on April 11, 2012, in the U.S. District Court for the District of Idaho, Demuzio represented to pool participants that he would trade in forex on their behalf and they would share the profits. According to the complaint, Demuzio only traded a portion of the pool participants’ funds in forex, and, although the trading resulting in substantial losses, Demuzio sent pool participants monthly emails falsely stating that the investments were earning profits. Demuzio also allegedly misappropriated participants’ funds for a variety of personal uses, such as mortgage payments, restaurants, and retail shopping.

The complaint further alleges that when Demuzio could not meet investors’ requests for the return of funds, he fabricated a letter purporting to be from the CFTC and bearing the fraudulently copied signature of a CFTC officer, which falsely represented that the company’s funds had been frozen in connection with a purported CFTC investigation. The complaint also alleges that Demuzio subsequently fabricated a second letter fraudulently providing an update as to the status of the purported investigation as well as a third document purporting to be a dismissal of the investigation and bearing the fraudulently copied signature of an Administrative Law Judge.

According to the complaint, in February 2012, Demuzio admitted to Special Agents of the Federal Bureau of Investigation his role in the fraudulent scheme and fabrication of fraudulent CFTC documents.

In a related criminal action, Demuzio was indicted on April 11, 2012, in the U.S. District Court, District of Idaho, by a federal grand jury on five counts of wire fraud.

The CFTC appreciates the assistance of the Federal Bureau of Investigation.

CFTC Division of Enforcement staff responsible for this case are Lara Turcik, Christopher Giglio, Lulu Quitasol, Manal M. Sultan, Lenel Hickson, Jr., Stephen J. Obie, and Vincent A. McGonagle.

Media Contact
Dennis Holden
202-418-5088

Last Updated: April 12, 2012