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Commodity Futures Trading Commission 

CEA CASES 

NAME: RICHARD D. KOHN, MARSHALL J. STEIN, THOMAS CURTEAN, AND BRIAN H. MCGUIRE 

DOCKET NUMBER: 199 

DATE: SEPTEMBER 1, 1972 

DOCUMENT TYPE: COMPLAINT 

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re: Richard D. Kohn, Marshall J. Stein, Thomas Curtean, and Brian H. McGuire, 

Respondents 

CEA Docket No. 199 

Complaint and Notice of Hearing Under the Commodity Exchange Act 

There is reason to believe that the respondents have violated the Commodity 

Exchange Act (7 U.S.C. 1 et seq.) and the regulations made pursuant thereto (17 

CFR Chapter I), and in accordance with the provisions of sections 6(b) and 6(c) 

of the said Act, this complaint and notice of hearing is issued stating the 

charges in that respect as follows: 

I 

The respondents, Richard D. Kohn, Marshall J. Stein, Thomas Curtean and Brian 

H. McGuire, are now, and were at all times material herein, registered floor 

brokers under the Commodity Exchange Act and members of the Chicago Mercantile 

Exchange, a duly designated contract market under the said Act. The respondents' 

business addresses are: Richard D. Kohn, 110 North Franklin Street, Chicago, 

Illinois 60606; Marshall J. Stein, 110 North Franklin Street, Chicago, Illinois 

60606; Thomas Curtean, 110 North Franklin Street, Chicago, Illinois 60606; and 

Brian H. McGuire, 29 North Wacker Drive, Chicago, Illinois 60606. 

II 

The transactions specified herein were in live cattle futures and were 

entered into on or subject to the rules of the Chicago Mercantile Exchange. Such 

transactions could have been used for hedging transactions in interstate 

commerce in cattle or the products or by-products thereof, or for determining 

the price basis of transactions in interstate commerce in cattle, or for 

delivering cattle sold, shipped, or received in interstate commerce. 

III 

On August 21, 1969, and March 24, 1970, the respondents entered into 

transactions as specified in the tabulation below. In entering into such 

transactions the respondents acted pursuant to, and in accordance with, an 

understanding or arrangement (1) that on August 21, 1969, respondent Stein would 

enter into a spread transaction with respondent McGuire and that respondent Kohn 

would enter into a reciprocal spread transaction with respondent Curtean, (2) 

that on March 24, 1970, respondent Stein would enter into a spread transaction 

with respondent McGuire offsetting that entered into between them on August 21, 

1969, and that respondent Kohn would enter into a spread transaction with 

respondent Curtean offsetting that entered into on August 21, 1969. 

100> >101> 

Purchase 

Respondent for Respondent Quantity 

Whose Account Acting as (No. of 
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Commodity Purchase Was Floor Broker (Contracts) 

and Future Made or Trader [ILLEGIBLE TEXT]/69 October Cattle Stein Stein 100 

[ILLEGIBLE TEXT]/69 December Cattle McGuire McGuire 100 

[ILLEGIBLE TEXT]/69 October Cattle Curtean Curtean 100 

[ILLEGIBLE TEXT]/69 December Cattle Kohn Kohn 100 

[ILLEGIBLE TEXT]/70 October Cattle McGuire McGuire 100 

[ILLEGIBLE TEXT]/70 December Cattle Stein Kohn 100 

[ILLEGIBLE TEXT]/70 October Cattle Kohn Stein 100 

[ILLEGIBLE TEXT]/70 December Cattle Curtean Curtean 100 

Sale 

Respondent Respondent for 

Acting as Whose Account 

Commodity Price Floor Broker Sale Was 

and Future (Per Cwt.) or Trader Made 

[ILLEGIBLE TEXT]/69 October Cattle 26.00 McGuire McGuire 

[ILLEGIBLE TEXT]/69 December Cattle 26.00 Stein Stein 

[ILLEGIBLE TEXT]/69 October Cattle 26.00 Kohn Kohn 

[ILLEGIBLE TEXT]/69 December Cattle 26.00 Curtean Curtean 

[ILLEGIBLE TEXT]/70 October Cattle 30.55 Kohn Stein 

[ILLEGIBLE TEXT]/70 December Cattle 30.35 McGuire McGuire 

[ILLEGIBLE TEXT]/70 October Cattle 30.55 Curtean Curtean 

[ILLEGIBLE TEXT]/70 December Cattle 30.35 Stein Kohn 

IV 

By reason of the facts alleged in this complaint, the respondents executed 

purchases and sales of commodities for future delivery in a manner that was not 

open and competitive, in wilful violation of section 1.38 of the regulations (17 

CFR 1.38). 

WHEREFORE, it is hereby ordered that this complaint and notice of hearing be 

served upon the respondents and this proceeding shall be governed by sections 

0.1, 0.2, 0.4(b), 0.5 through 0.22 and 0.28 of the rules of practice under the 

Commodity Exchange Act (17 CFR 0.1, 0.2, 0.4(b), 0.5 through 0.22, 0.28). The 

respondents will have twenty (20) days after the receipt of this complaint in 

which to file with the Hearing Clerk, United States Department of Agriculture, 

Washington, D. C. 20250, an answer with an original and five copies, fully and 

completely stating the nature of the defense and admitting or denying, 

specifically and in detail, each allegation of this complaint. Allegations not 

answered will be deemed admitted for the purpose of this proceeding. Failure to 

file an answer will constitute an admission of all the allegations of this 

complaint and a waiver of hearing. The filing of an answer in which all of the 

material allegations of fact contained in the complaint are admitted likewise 

shall constitute a waiver of hearing unless a hearing is requested. The 

respondents are hereby notified that unless hearing is waived, a hearing will be 

held in Chicago, Illinois, at a place therein and date to be specified later, 

before a referee designated to conduct 

such hearing. At such hearing, the respondents will have the right to appear and 

show cause, if any there be, why an appropriate order should not be issued in 

accordance with the Commodity Exchange Act, (1) suspending or revoking the 

registrations of the respondents as floor brokers, (2) prohibiting the 

respondents from trading on or subject to the rules of any contract market, and 

directing that all contract markets refuse all trading privileges to the 

respondents for such period of time as may be determined and (3) directing that 

the respondents shall cease and desist from violating the Act and regulations in 

the manner alleged herein. 

Done at Washington, D. C. 

September 1, 1972 
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[SEE SIGNATURE IN ORIGINAL] 

Richard E. Lyng 

Assistant Secretary 

LOAD-DATE: June 16, 2008 
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