On September 27, 2018, the Commodity Futures Trading Commission (“CFTC”) filed a Complaint for Injunctive and Equitable Relief and Penalties Under the Commodity Exchange Act (the “Complaint”) against Timothy Atkinson, Jay Passerino, All In Publishing LLC, and Gasher, Inc. (collectively, “Defendants”), commencing the enforcement action of CFTC v. Atkinson, et al. (the “CFTC Action”) in the U.S. District Court for the Southern District of Florida (the “District Court”). 

In the Complaint, the CFTC alleges, among other things, that Defendants engaged in illegal, off-exchange retail swaps, off-exchange commodity option transactions, and fraudulently solicited customers to open and fund off-exchange investments in “binary options,” in violation of several federal statutes.   

Further, the CFTC alleges that the Defendants’ websites made false and misleading statements about their binary options products and their profitability.

Subsequently, the CFTC filed an Emergency Motion for Statutory Restraining Order, Appointment of Receiver, an Accounting, and Other Equitable Relief.  On October 5, 2018, the District Court entered an Order Granting Plaintiff’s Emergency Motion for Statutory Restraining Order, Appointment of Receiver, an Accounting, and Other Equitable Relief (the “Restraining/Freeze/Appointment Order”). Pursuant to the Restraining/Freeze/Appointment Order, the Defendants’ assets were frozen, books and records ordered to be preserved, and Melanie E. Damian was appointed Temporary Receiver of the entity defendants and of all assets of the individual Defendants in the CFTC Action. 

In accordance with the Restraining/Freeze/Appointment Order, the Court-appointed Receiver took immediate steps and will make every possible effort to marshal and preserve the Defendants’ assets for the benefit of the customers they are alleged to have defrauded, and will otherwise fulfill her duties under that Order. 

Subsequent to the Court’s entry of the Restraining/ Freeze/Appointment Order, Defendants Atkinson and All In Publishing, LLC executed a Consent Order for Preliminary Injunction and Other Ancillary Relief against those Defendants, which the CFTC submitted to the Court for consideration and entry.   That Consent Preliminary Injunction, if entered, would, among other things extend the relief granted in the Restraining/Freeze/Appointment Order, including the appointment of the Receiver.

The Receiver encourages retail customers who conducted transactions with the Defendants to carefully review the Complaint and the District Court’s Orders (links to which are set forth above) so they understand the nature of the claims alleged against the Defendants in the CFTC Action and the extent and scope of the Receiver’s duties and authority under those Orders.  The Receiver will provide (on this website –www.AllinpublishingReceivership.com) additional information regarding the investigation into the Defendants’ business operations and assets and the Defendants’ dealings with customers. 

For further information regarding the CFTC Action, and how it may affect retail customers, please visit the CFTC’s website (https://www.cftc.gov). You may also contact a representative of the Receiver at 305-371-3960. 

Please understand that neither the Receiver nor any of her attorneys or other representatives may provide you with legal, tax and/or accounting advice in connection with this or any other matter.  Should you require such advice, the Receiver asks that you contact your own attorney, accountant or other professional. 

The Receiver encourages you to periodically visit the CFTC website and this website as they will be updated with additional information throughout the course of the CFTC Action.  Thank you.