EFTA00070209 Subject: Fw: Formal appeal for covered action 2015-016/ Knight Capital TCR & Appendix SDNY, NY Supreme Court, NJ Judges et al In furtherance of the conspiracy... The SEC is a grossly corrupt, criminal organization actively facilitating multiple, massive frauds on the public it is mandated to protect to the benefit of the criminals who own them while screwing the whistleblower who REPEATEDLY catches (present tense) them: ME My claims are IRREFUTABLE. In the Fall of 2020 I urdged the SEC not to approve the Criminal Exchange MEMX As you are aware I referred to MEMX as " Obligation Warehouse 2.0: Just between us criminals" The result of the SEC approving the criminal Enterprise: NITE,CDEL,UBSS et al MEMX: OTCM money laundering shell volumes exploded to 1 trillion shares+ in December 2020. Then hit yet ANOTHER astronomical milestone in 1Q 2021 with more than 4 + TRILLION shares traded Market Statistics - Equity Trading Data Monthly (finra.org) As the record clearly shows: ALL detailed by me. Per my 2013 NITE/UBSS TCR attached (repeatedly). The core business at NITE (and now CDEL) is and always has been: Illegal naked shorting OTCM and other money laundering shells like GTII,IMDS,CGFIA, and countless others which are kept up and running by the SEC for this very purpose: to facilitate money laundering. This is WHY Cifu stopped reporting market making stats monthly. This is why Cifu doesn't affirmatively acknowledge the undeniable core business and profitability of NITE being tied to OTCM Pink sheet shells. This is why there are no mention of these share volumes in SEC filings or investor presentations OR SELL side research models. Admitting this is your core business would then trigger another question: HOW does NITE (CDEL) generate trading profits in OTCM Pink sheet shells? So, Cifu intentionally misleads the public as to the true nature of the NITE business model. AND, the SEC lets him. Not by coincidence: NITE/VIRT achieved record profitability in 1Q 2021 Inline XBRL Viewer (sec.gov) Inline XBRL Viewer - SEC The Inline XBRL viewer allows a user to quickly and easily review details of the tagged information in an Inline document by automatically placing a top and bottom highlight border around each tagged numeric fact and left and right border for each block tagged fact. www.sec.gov EFTA00070210 This was vs a very difficult comp: 1Q2020: COVID volatility In order to show eps growth vs a very difficult comp in 1Q 2020, where NYSE/NASDAQ volumes had a massive spike, Cifu had to come up with a different "mix" of business as NYSE/NASDAQ volumes normalized. The solution: OTCM OTCM volumes were down %50 in 2Q2021 vs 1Q2021 but still elevated vs early 2020 levels AND NYSE/NASDAQ volumes remain normalized. What was the result? An eps miss in 2Q2021 Inline XBRL Viewer (sec.gov) On the 1Q2021 earnings call in May 2021, Cifu got very defensive when pressed by Sell side analysts on his "lack of transparency". As I have detailed, Cifu also blatantly lied about NITE OTCM share volume NITE traded in 1Q2021. The level of activity claimed by Cifu in 1Q2021 did not match the profitability of a similar share volume quarte. In fact, the level of trading revenue in 1Q2021 was multiples of the revenue generated by stand alone KCG/Knight doing "similar or less" volume. The quarter I refer to: 1Q2014. My "March 2014 letter to McKessy". Where ANOTHER massive ibcrease in OTCM share volumes occurred. AND where an immediate investigation SHOULD have been triggered. It did not. In fact, with my 2014 letter in hand, the SEC allowed those 2014 trade stats in SEC filings to be expunged. Now, we have 2Q2021 OTCM volumes down %50 vs 1Q2021 But still elevated. The SEC saw my information. The SEC USED my information. AGAIN. Not to bring an action against NITE/CDEL. But, to AGAIN obstruct an investigation of EGREGIOUS and well known to the SEC ILLEGAL activity which took place in 1Q2021. AGAIN: screwing the whistleblower who REPEATEDLY catches them: ME. Did the SEC tell Cifu/NITE and CDEL to "cool it" in phone conversations with the SEC? WHY were 2Q2021 OTCM volumes down %50 vs 1Q2021? Shouldn't the astronomical spike and collapse in OTCM share volumes in 1H 2021 trigger immediate investigations/actions? NOPE Cifu got the call. Griffin likely also Criminal SEC protecting criminals NITE/CDEL AGAIN. Let's put it in terms Mr Gensler claims to motivate him "every day he wakes up at the SEC" NITE/CDEL illegal Core business facilitates illegal activity on a massive scale. This is why the OTCM exists. These are not "penny stock trading fairies". These are FOR PROFIT INSTITUTIONS. Per my attached TCR: pulling a market in a known fraud is simple. But it is NOT profitable. So, criminal firms like NITE/CDEL profit off the misery of the public the SEC is mandated to protect IN WELL KNOWN FRAUDS. Pulling a market in a well known fraud and blow the whistle instead of generating massive trading profits? WHOWOULD DO SUCH A THING? Maybe "penny stock trading fairies" would. But NITE/CDEL are NOT "penny stock trading fairies" Cheers! Christopher J Dilorio Whistleblower Extraordinaire From: Chris Dilorio < Sent: Monday, August 23, 2021 8:42 AM