Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Notices 26615

doing business as Granite Investments

(‘‘respondent’’).

The proposed consent order has been

placed on the public record for thirty

(30) days for receipt of comments by

interested persons. Comments received

during this period will become part of

the public record. After thirty (30) days,

the Commission will again review the

agreement and the comments received,

and will decide whether it should

withdraw from the agreement or make

final the agreement’s proposed order.

Respondent sells and distributes

various computer software programs

and training for buying and selling S&P

futures contracts on a daily basis.

Respondent advertises on his Internet

Web site, www.choicedaytrades.com.

This matter concerns allegedly

deceptive representations of the

earnings and profit potential, as well as

the extent of risk involved in using

respondent’s trading methods.

The Commission’s proposed

complaint alleges that respondent made

unsubstantiated claims that users of his

S&P futures trading programs can

reasonably expect to achieve substantial

profits on a consistent basis (e.g.,

$25,000 per futures contract); that

specific trades or investments

enumerated in respondent’s

advertisements were actually made and

resulted in the substantial profits stated

in the advertisements; and that

testimonials appearing in the

advertisements for respondent’s S&P

futures trading programs reflect the

typical or ordinary experience of

members of the public who use the

programs.

In addition, the complaint alleges that

respondent misrepresented that users of

his S&P futures trading programs can

reasonably expect to trade profitably

with little financial risk; that

testimonials appearing in the

advertisements for his S&P futures

trading programs reflect the actual

experiences of consumers who have

used the programs; that he personally

uses his S&P futures trading programs to

trade profitably on his own behalf; and

that the trades recommended by his S&P

futures trading programs, as enumerated

in the advertisements, were actually

made in many cases.

The proposed consent order contains

provisions designed to prevent

respondent from engaging in similar

acts and practices in the future.

Part I of the proposed order requires

respondent to have a reasonable basis

substantiating any representation that

users of his S&P futures trading

programs can reasonably expect to

achieve substantial profits on a

consistent basis; that specific trades or

investments were actually made and

resulted in substantial profits; about the

amount of earnings, income, profit or

the rate of return that a prospective user

of any trading program could reasonably

expect to attain; about the percentage,

ratio, or number of trades that a

prospective user of respondent’s S&P

futures trading programs could

reasonably expect to be profitable; or

about any financial benefit or other

benefit from any trading programs

offered by respondent.

Part II of the proposed order prohibits

respondent from misrepresenting that

users of any trading program can

reasonably expect to trade profitably

with little or no financial risk; that

respondent personally uses his trading

programs to trade on his own behalf;

whether trades recommended by

respondent’s trading programs were

actually made or were hypothetical; that

any testimonial or endorsement of

respondent’s trading programs or

training reflects the testimonialist’s or

endorser’s actual experience and current

opinions, findings, beliefs, or

experiences; or from misrepresenting

the extent of risk to which users of any

trading program are exposed.

Part III of the proposed order requires

respondent to disclose, clearly and

conspicuously, ‘‘FUTURES TRADING

[or STOCK, CURRENCY, OPTIONS,

ETC., as applicable] TRADING involves

high risks and YOU can LOSE a lot of

money,’’ in close proximity to any

representation he makes about the

financial benefits of any trading

program. This disclosure is in addition

to, and not instead of, any other

disclosure that respondent may be

required to make.

Part IV of the proposed order

prohibits respondent from representing

without a reasonable basis that the

experience represented by any user,

testimonial or endorsement of any

trading program represents the typical

or ordinary experience of members of

the public who use the program; or

respondent must disclose either what

the generally expected results would be

for users of the trading program, or the

limited applicability of the endorser’s

experience to what users may generally

expect to achieve, that is, that users

should not expect to experience similar

results.

Parts V–XI of the proposed order

require respondent to keep copies of

relevant advertisements and materials

substantiating claims made in the

advertisements; to provide copies of the

order to certain personnel; to notify the

Commission of changes in Granite

Investments that may affect the order; to

notify the Commission of changes in

respondent’s employment status for a

period of ten years; and to file

compliance reports with the

Commission. Part X provides that the

order will terminate after twenty (20)

years under certain circumstances.

The purpose of this analysis is to

facilitate public comment on the

proposed order. It is not intended to

constitute an official interpretation of

the agreement and proposed order or to

modify in any way their terms.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 00–11457 Filed 5–5–00; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 002 3085]

CompuTrade LLC, et al.; Analysis To

Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

SUMMARY: The consent agreement in this

matter settles alleged violations of

federal law prohibiting unfair or

deceptive acts or practices or unfair

methods of competition. The attached

Analysis to Aid Public Comment

describes both the allegations in the

draft complaint that accompanies the

consent agreement and the terms of the

consent order—embodied in the consent

agreement—that would settle these

allegations.

DATES: Comments must be received on

or before May 30, 2000.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Ave., NW,

Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:

Stephen Gurwitz or Michael Ostheimer,

FTC/H–238, 600 Pennsylvania Ave.,

NW, Washington, D.C. (202) 326–3272

or 326–2699.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46 and § 2.34 of the Commission’s Rules

of Practice (16 CFR 2.34), notice is

hereby given that the above-captioned

consent agreement containing a consent

order to cease and desist, having been

filed with and accepted, subject to final

approval, by the Commission, has been

placed on the public record for a period

of thirty (30) days. The following

Analysis to Aid Public Comment

describes the terms of the consent

agreement, and the allegations in the

complaint. An electronic copy of the

26616 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Notices

full text of the consent agreement

package can be obtained from the FTC

Home Page (for May 1, 2000), on the

World Wide Web, at ‘‘http://

www.ftc.gov/ftc/formal.htm.’’ A paper

copy can be obtained from the FTC

Public Reference Room, Room H–130,

600 Pennsylvania Avenue, NW,

Washington, D.C. 20580, either in

person or by calling (202) 326–3627.

Public comment is invited. Comments

should be directed to: FTC/Office of the

Secretary, Room 159, 600 Pennsylvania

Ave., NW, Washington, D.C. 20580. Two

paper copies of each comment should

be filed, and should be accompanied, if

possible, by a 31⁄2 inch diskette

containing an electronic copy of the

comment. Such comments or views will

be considered by the Commission and

will be available for inspection and

copying at its principal office in

accordance with § 4.9(b)(6)(ii) of the

Commission’s Rules of Practice (16 CFR

4.9(b)(6)(ii)).

Analysis of Proposed Consent Order To

Aid Public Comment

The Federal Trade Commission has

accepted, subject to final approval, an

agreement containing a consent order

from CompuTrade LLC, a corporation,

and Bernard Lewis, individually and as

an officer of the corporation (together,

‘‘respondents’’).

The proposed consent order has been

placed on the public record for thirty

(30) days for receipt of comments by

interested persons. Comments received

during this period will become part of

the public record. After thirty (30) days,

the Commission will again review the

agreement and the comments received,

and will decide whether it should

withdraw from the agreement or make

final the agreement’s proposed order.

Respondents sell and distribute

computer software and training for

buying and selling foreign currencies on

a daily basis. They advertise on their

Internet Web sites,

www.computrades.com and

www.computrader.net. This matter

concerns allegedly deceptive

representations of the earnings and

profit potential, as well as the extent of

risk involved in using respondent’s

trading methods.

The Commission’s proposed

complaint alleges that respondents

made unsubstantiated claims that users

of respondents’ currency trading

program could reasonably expect to earn

large profits of $500 to $750 or more per

day, and as much as six or seven figures

annually (i.e., more than $1,000,000);

that users could reasonably expect to

earn huge profits even if they had no

previous experience in currency trading;

and that testimonials appearing in the

advertisements for respondents’

currency trading program reflected the

typical or ordinary experience of

members of the public who use the

program. In addition, the complaint

alleges that respondents misrepresented

that users of their currency trading

program could reasonably expect to

trade with little financial risk.

The proposed consent order contains

provisions designed to prevent

respondents from engaging in similar

acts and practices in the future.

Part I of the proposed order requires

respondents to have a reasonable basis

substantiating any representation that

users of respondents’ currency trading

program can reasonably expect to earn

large profits: (1) of $500 to $750 or more

per day; (2) of as much as six or even

seven figures annually (i.e., more than

$1,000,000); or (3) even if they have no

previous experience in currency trading.

Part I also requires respondents to

possess a reasonable basis substantiating

claims about the amount of earnings,

income, or profit that a prospective user

of any trading program could reasonably

expect to attain, or about any financial

benefit or other benefit from any trading

program offered by respondents.

Part II of the proposed order prohibits

respondents from misrepresenting that

users of any trading program can

reasonably expect to trade with little or

no financial risk and from

misrepresenting the extent of risk to

which users of any such program are

exposed.

Part III of the proposed order requires

respondents to disclose, clearly and

conspicuously, ‘‘CURRENCY [or

STOCK, COMMODITY FUTURES,

OPTIONS, ETC., as applicable]

TRADING involves high risks and YOU

can LOSE a lot of money,’’ in close

proximity to any representation they

make about the financial benefits of any

trading program. This disclosure is in

addition to, and not instead of, any

other disclosure that respondents may

be required to make.

Part IV of the proposed order

prohibits respondents from representing

without a reasonable basis that the

experience represented by any user,

testimonial or endorsement of any

trading program represents the typical

or ordinary experience of members of

the public who use the program; or

respondents must disclose either what

the generally expected results would be

for users of the trading program, or the

limited applicability of the endorser’s

experience to what users may generally

expect to achieve, that is, that users

should not expect to experience similar

results.

Parts V and VI of the proposed order

require respondents to keep copies of

relevant advertisements and materials

substantiating claims made in the

advertisements and to provide copies of

the order to certain personnel. Part VII

requires CompuTrade to notify the

Commission of any changes in the

corporate structure that might affect

compliance with the order. Part VIII

requires that the individual respondent

notify the Commission of changes in his

employment status for a period of ten

years. Part IX requires CompuTrade to

file compliance reports with the

Commission. Part X provides that the

order will terminate after twenty (20)

years under certain circumstances.

The purpose of this analysis is to

facilitate public comment on the

proposed order. It is not intended to

constitute an official interpretation of

the agreement and proposed order or to

modify in any way their terms.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 00–11456 Filed 5–5–00; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Centers for Disease Control and

Prevention

Advisory Council for the Elimination of

Tuberculosis: Meeting

In accordance with section 10(a)(2) of

the Federal Advisory Committee Act

(Pub. L. 92–463), the Centers for Disease

Control and Prevention (CDC)

announces the following council

meeting.

Name: Advisory Council for the

Elimination of Tuberculosis (ACET).

Times and Dates: 8:30 a.m.–5 p.m.,

June 7, 2000 and 8:30 a.m.–12 p.m.,

June 8, 2000.

Place: Marriott Atlanta Century

Center, 2000 Century Boulevard NE,

Atlanta, Georgia 30345.

Status: Open to the public, limited

only by the space available. The meeting

room accommodates approximately 100

people.

Purpose: This council advises and

makes recommendations to the

Secretary of Health and Human

Services, the Assistant Secretary for

Health, and the Director, CDC, regarding

the elimination of tuberculosis.

Specifically, the Council makes

recommendations regarding policies,

strategies, objectives, and priorities;

addresses the development and

application of new technologies; and