SEC Drags Broker-Dealer SureTrader to Court for US Operations
The US Securities and Exchange Commission (SEC) has charged Bahamas-registered broker-dealer MintBroker International Ltd., known by its tradename SureTrader, for illegally offering services in the United States.
The lawsuit was filed on Monday with a Southern direct of Florida court also named Rico-based Guy Gentile, who is the founder, owner, and chief executive of the broker-dealer.
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The 22-page long court filing detailed that the platform, which is not registered in the United States, was onboarding and served US-based traders between March 2016 and continuing through November 2019.
Bypassing the PDT Rules
The broker-dealer marketed its ability to help novice traders and was offering pattern day trading, which is heavily regulated by the Financial Industry Regulatory Authority (FINRA). Its website even bragged as a way to avoid ‘the nasty PDT Rule.’
The SEC alleged that SureTrader marketed its services through day trading websites, and solicited thousands of traders based in the United States for opening accounts. Furthermore, the broker-dealer nevertheless engaged in ongoing securities relationships with US-based traders, including by holding funds and executing transactions on their behalf.
“At various times during the Relevant Period, up to 80% of SureTrader’s customer base was comprised of U.S. customers,” the court filing noted.
“SureTrader grew from a three-man shop to one with 75 employees, more than 40,000 customer accounts, and assets of more than $10 million. According to Gentile, SureTrader effected transactions in excess of $1 billion on behalf of its customers.”
The SEC has slapped charges on both the company and its owner, seeking injunctive relief, disgorgement of ill-gotten gains with pre-judgment interest, and civil penalties.
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