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Commodity Futures Trading Commission 

CEA CASES 

NAME: RODNEY KAMINGA 

DOCKET NUMBER: 172 

DATE: MAY 14, 1970 

DOCUMENT TYPE: COMPLAINT 

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re: Rodney Kaminga, Respondent 

CEA Docket No. 172 

Complaint and Notice of Hearing Under the Commodity Exchange Act 

There is reason to believe that the respondent has violated the Commodity 

Exchange Act (7 U.S.C. 1964 ed., Chapter 1, as amended, Supp. IV, 1969) and the 

regulations made pursuant thereto, and this complaint and notice of hearing is 

issued stating the charges in that respect as follows: 

I 

The respondent, Rodney Kaminga, is an individual whose mailing address is P. 

O. Box 885, Three Forks, Montana 59752. 

II 

The Chicago Mercantile Exchange is now, and was at all times material to this 

complaint, a duly designated contract market under the Commodity Exchange Act. 

III 

On each day from March 24 through April 9, 1970, the respondent held open 

contract positions in live beef cattle futures on the Chicago Mercantile 

Exchange of 25 or more contracts in a single future. By reason thereof, the 

respondent was in reporting status and was required to report to the Commodity 

Exchange Authority with respect to all transactions 

executed and all open contract positions held by him, in all live beef cattle 

futures on all boards of trade during the said period and with respect to all 

transactions by reason of which the respondent's position was reduced below 

reporting levels, as provided in section 4i of the Commodity Exchange Act (7 

U.S.C. 6i, Supp. IV, 1969), and sections 15.01, 15.02, 15.03, 18.00, 18.01 and 

18.03 of the regulations thereunder (17 CFR 15.01, 15.02, 15.03, 18.00, 18.01 

and 18.03). 

IV 

On March 24, 25 and 31, 1970, and April 1, 3, 6, 7, 8 and 9, 1970, while the 

respondent was in reporting status as described in paragraph III above, 

transactions in live beef cattle futures on the Chicago Mercantile Exchange were 

executed for his account, but the respondent has failed and refused to report to 

the Commodity Exchange Authority with respect to such transactions, as required 

under the aforesaid provisions of the Commodity Exchange Act and regulations. 

V 

On numerous occasions dating as far back as March 18, 1969, and continuing up 

to January 23, 1970, officials of the Commodity Exchange Authority not only 
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informed the respondent of the reporting requirements under the Commodity 

Exchange Act and regulations with respect to live beef cattle futures, but also 

found it necessary to communicate with the respondent in writing directing 

attention to the respondent's failure to file required reports. On one occasion 

the respondent wrote a letter to the Administrator of the Commodity Exchange 

Authority with respect to 

the filing of such reports. In the circumstances, the respondent was fully 

aware of his reporting obligations under the aforesaid provisions of the 

Commodity Exchange Act and regulations and his failure and refusal to file 

required reports, as described in paragraph IV above, constituted a knowing and 

wilful violation of such provisions of the Act and regulations. 

VI 

On numerous occasions during the period between March 18, 1969 and January 

23, 1970, while the respondent held a reportable position in live beef cattle 

futures on the Chicago Mercantile Exchange, officials of the Commodity Exchange 

Authority requested the respondent to report on CEA Form 40 the information 

required by section 18.04 of the regulations, but the respondent has failed and 

refused, and is now failing and refusing, to furnish such information, in wilful 

violation of section 4i of the Commodity Exchange Act (7 U.S.C. 6i, Supp. IV, 

1969) and the above-cited section of the regulations. 

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 practice 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-five (25) 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 waiver of 

hearing. The filing of answer in which all of the material allegations of fact 

contained in this complaint are admitted likewise shall constitute a waiver of 

hearing unless a hearing is requested. The respondent is hereby notified that 

unless a hearing is waived, a hearing will be held at 10:00 a.m., local time, on 

July 7, 1970, Butte, Montana, at the place therein to be specified later, before 

a referee 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) 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 

(2) directing that the respondent shall cease and desist from violating the 

Commodity Exchange Act in the manner alleged herein. 

It is ordered that this complaint and notice of hearing be served on the 

respondent at least twenty-five (25) days prior to the date set for hearing. 

Done at Washington, D.C. 

May 14, 1970 

[SEE SIGNATURE IN ORIGINAL] 

Richard E. Lyng 
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Assistant Secretary 

LOAD-DATE: June 16, 2008 
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