Whistleblower's formal appeal to the SEC of an award claim denial, April 2020

EFTA00094510¶

From: Chris Dilorio <¶

Sent: Friday, April 24, 2020 8:18 AM¶

Subject: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix¶

I am in receipt of the SEC preliminary denial of my award claim for the Oppenheimer AML covered action 2015-016¶

This is my formal appeal of the SEC preliminary determination.¶

My award application was based on this very simple FACT:¶

The SEC (and FINCEN) Oppenheimer AML actions were based on the FINRA Oppenheimer AML action¶

FINRA¶

https://www.finra.org/sites/default/files/fda_documents/2009018668801_FDA_KMX39652.pdf¶

of - FINRA¶

which isFINRA a party, to the entry of findings and violations consistent with the allegations of the (asComplaint sanctions amended andby the Offer of Settlement), to the imposition of the set forth andbelow, understands fully that this Order will become part ofRespondent’s permanent disciplinary andrecord may anybe considered in future actions brought by FINRA. BACKGROUND …¶

www.finra.org¶

The SEC¶

https://www.sec.gov/litigation/admin/2015/33-9711.pdf¶

Before the SECURITIES AND EXCHANGE COMMISSION¶

Before the . SECURITIES AND EXCHANGE COMMISSION . SECURITIES ACT OF 1933 . Release No. 9711 / January 27, 2015 . SECURITIES EXCHANGE ACT O F 1934 . Release No. 74141 / January 27, 2015 .¶

ACCOUNTING AND AUDITING ENFORCEMENT . Release No. 3621 / January 27, 2015 . ADMINISTRATIVE PROCEEDING . File No. 3 -16361 . In the Matter of¶

www.sec.gov¶

FINCEN¶

https://www.fincen.gov/news/news-releases/fincen-fines-oppenheimer-co-inc-20-million-continued-anti-money-laundering¶

FinCEN Fines Oppenheimer & Co. Inc. $20 Million for Continued Anti-Money Laundering Shortfalls | FinCEN.gov¶

EFTA00094511¶

Washington, D.C. – The Financial Crimes Enforcement Network (FinCEN), working closely with the U.S. Securities and Exchange Commission (SEC), assessed a $20 million civil money penalty today against Oppenheimer & Co., Inc., for willfully violating the Bank Secrecy Act (BSA). Oppenheimer, a securities broker–dealer in New York, admitted that it failed to establish and implement an adequate …¶

www.fincen.gov¶

In the summer of 2012, I had extensive correspondence with Robin Traxler at FINRA where I also cc’d Sean McKessy then SEC OWB Chief. The CURRENT OWB Chief and the SEC IG are in possession of this correspondence. My correspondence dealt with 2 penny stock shells cited in my Knight Capital TCR submitted by Berger Montague in March 2013 attached here: Colorado Goldfields and AppTech. Both shells were NITE and UBSS top traded OTCM shells in 2010-2013. These 2 shells were cited by FINRA in their Oppenheimer AML complaint. Again, the SEC and FINCEN Oppenheimer AML complaints were based on this FINRA complaint. In fact, per the FINRA Opco complaint above, customer “TC” was dumping worthless AppTech (APCX) certificates well into mid 2010. DIRECTLY overlapping with the NITE/UBSS APCX trading activity cited in my Berger 2013 TCR attached and discussed by me with Robin Traxler at FINRA. HOW is it possible that the SEC OWB didn’t share my information with SEC investigators? Current SEC OWB Chief Norberg was previously an assistant to then OWB Chief McKessy.¶

WHO ultimately executed the trades cited in the FINRA Opco complaint?¶

Further, the SEC Gibraltar Securities complaint raises more questions than answers as well.¶

https://www.sec.gov/litigation/complaints/2013/comp22683.pdf¶

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, 13 Civ. GffiRALTAR GLOBAL SECURITIES, COMPLAINT NATURE OF THE ACTION - SEC.gov¶

12. David Della Sciucca, Jr., age 27, is a resident of Fort Lauderdale, Florida. In . the Magnum d’Or complaint, the Commission charged Della Sciucca with acting as a nominee

www.sec.gov¶

The SEC Gibraltar Securities complaint references only 1 OTCM money laundering shell: Magnum d’Or. The complaint specifically states that Oppenheimer sold just 969,822 shares. Again, no mention of executing BD/MM.¶

The SEC Oppenheimer AML cites Gibraltar trading activity also.¶

The share amounts in the SEC complaint grossly under estimate that in the FINRA complaint. WHY?¶

The judge in the Gibraltar case said “the SEC’s requested amount CLEARLY UNDERESTIMATES the defendants ill-gotten gains…”¶

http://www.tribune242.com/news/2016/jan/13/bahamian-broker-25m-sanction/¶