Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: ROY D. SIMMONS 

DOCKET NUMBER: 219 

DATE: DECEMBER 17, 1973 

DOCUMENT TYPE: COMPLAINT 

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re: Roy D. Simmons, Respondent 

CEA Docket No. 219 

Complaint and Notice of Hearing Under the Commodity Exchange Act 

There is reason to believe that the respondent, Roy D. Simmons, has violated 

the provisions of the Commodity Exchange Act, as amended (7 U.S.C. 1 et seq.), 

hereinafter the "Act", and the rules and regulations issued thereunder (17 CFR 

Part 1). In accordance with the provisions of sections 6(b) and 6(c) of the Act 

(7 U.S.C. 9 and 13b), this complaint and notice of hearing is issued stating the 

charges in that respect as follows: 

I 

Roy D. Simmons, an individual whose address is 850 North Lake Shore Drive, 

Chicago, Illinois 60611, is now and was at all times material herein a 

registered floor broker under the Act and a member of the Chicago Mercantile 

Exchange. 

II 

At all times material herein, the Chicago Mercantile Exchange was duly 

designated as a contract market for shell egg futures contracts under the Act. 

III 

On December 5, 1969, respondent made speculative sales of 187 carlots and 

speculative purchases of 104 carlots in shell egg futures on or subject to the 

rules of the Chicago Mercantile Exchange as follows: 

Future Bought Sold 

December, 1969 28 66

January, 1970 73 118

March, 1970 3 3

 Total 104 187

IV 

On December 5, 1969, the speculative daily trading limit in shell egg futures 

as fixed by the Commodity Exchange Commission on or subject to the rules of the 

Chicago Mercantile Exchange was 150 carlots in all futures combined. 

V 

On December 5, 1969, the respondent held open contracts in shell egg futures 

on the Chicago Mercantile Exchange in excess of 25 carlots in a single future. 

By reason thereof the respondent was in reporting status, and was required to 

report to Commodity Exchange Authority with respect to all transactions executed 

and all open contract positions held for his account in all shell egg futures on 

all boards of trade on December 5, 1969, as provided in section 4i of the Act (7 

U.S.C. 6i) and sections 15.01, 15.02, 15.03, 18.00, 18.01, and 18.03 of the 
Page 2 

regulations thereunder (17 CFR 15.01, 15.02, 15.03, 18.00, 18.01 and 18.03). 

The 

respondent on December 10, 1969, submitted a report to the Commodity Exchange 

Authority which purported to show all transactions executed for the respondent 

and the position of the respondent in shell egg futures on the Chicago 

Mercantile Exchange on December 5, 1969. However, such report did not show the 

actual transactions executed for the respondent or the true position held by 

him. 

VI 

By reason of the facts alleged in this complaint, Roy D. Simmons wilfully 

violated section 4a of the Commodity Exchange Act (7 U.S.C. 6a) and the order of 

the Commodity Exchange Commission establishing limits on daily trading in shell 

eggs for future delivery (17 CFR 150.5) and Roy D. Simmons submitted a false 

report to the Commodity Exchange Authority in wilful violation of sections 4i 

and 6(b) of the Commodity Exchange Act (7 U.S.C. 6i and 9) and sections 15.01, 

15.02, 15.03, 18.00, 18.01, and 18.03 (17 CFR 15.01, 15.02, 15.03, 18.00, 18.01, 

and 18.03) of the rules and regulations thereunder. 

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

served upon the respondent 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 Practices under the 

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

respondent 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 three 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 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 respondent is 

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 an 

Administrative Law Judge designated to conduct such hearing. At such hearing, 

the respondent 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 registration of the respondent as 

floor broker, (2) prohibiting the respondent from trading on or subject to the 

rules of any contract market, and directing that all contract markets refuse all 

trading privileges to the respondent for such period of time as may be 

determined and (3) directing that the respondent shall cease and desist from 

violating the Act and regulations in the manner alleged herein. 

Done at Washington, D.C. 

December 17 1973 

[SEE SIGNATURE IN ORIGINAL] 

CLAYTON YEUTTER 

Assistant Secretary 

LOAD-DATE: June 12, 2008 
Page 3