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Commodity Futures Trading Commission 

CEA CASES 

NAME: HENRY S. SICINSKI 

DOCKET NUMBER: 131 

DATE: SEPTEMBER 20, 1965 

DOCUMENT TYPE: COMPLAINT 

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re: Henry S. Sicinski, Respondent 

CEA Docket No. 131 

Complaint and Notice of Hearing Under Section 6(b) of the Commodity Exchange 

Act 

There is reason to believe that the respondent, Henry S. Sicinski, has 

violated the Commodity Exchange Act (7 U.S.C. 1 et seq.), hereinafter called the 

Act, and in accordance with the provisions of section 6(b) of the Act (7 U.S.C. 

9), this complaint and notice of hearing is issued stating the charges in that 

respect as follows: 

I 

The respondent, Henry S. Sicinski, an individual whose address is 790 Barton 

Shore Drive, Ann Arbor, Michigan, was at all times during the period between 

November 17, 1960, and November 27, 1963, a member of the Chicago Open Board of 

Trade, and at all times during the period between October 15, 1963, and February 

1, 1965, he was a partner in the firm of Soltes & Company, a futures commission 

merchant registered under the Act which had membership privileges on the Board 

of Trade of the City of Chicago. 

II 

The Board of Trade of the City of Chicago and the Chicago Open Board of Trade 

were at all times material to this complaint boards of trade duly designated as 

contract markets under the Act. At all such times the commodities in which 

trading was conducted on the 

Board of Trade of the City of Chicago and the Chicago Open Board of Trade were 

regulated under the Act, and all contracts of sale for future delivery on such 

boards of trade could have been used for hedging transactions in interstate 

commerce, or determining the price basis of transactions in interstate commerce, 

or for delivering commodities sold, shipped, or received in interstate commerce. 

III 

The respondent was, at all times material to this complaint, authorized to 

make transactions in commodity futures for the account of a business trust known 

as "Commodity Trading Trust A", hereinafter referred to as the trust, and the 

respondent carried out the acts hereinafter described in connection with such 

authority. 

IV 

The respondent furnished the trust, statements as of July 31, August 31, 

September 30 and October 31, 1963, which purported to show the execution of 

futures transactions on the Chicago Open Board of Trade for the account of the 
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trust and the financial results of these transactions. In truth and in fact, a 

substantial number of the transactions so reported by the respondent had not 

been executed. 

V 

On or about January 7, 1965, the respondent transmitted through the mails to 

the trust, statements as of July 31, August 31 and September 30, 1964, 

purporting to show the execution of futures 

transactions on the Board of Trade of the City of Chicago for the account of the 

trust and the financial results of these transactions. In truth and in fact, no 

such transactions had been executed. 

VI 

By reason of the acts described in this complaint, the respondent attempted 

to deceive and did deceive a person by falsely confirming to such person the 

execution of contracts of sale for future delivery, in willful violation of 

sections 4b, 4c and 4h of the Act (7 U.S.C, 6b, 6c and 6h). By transmitting 

certain of such false confirmations through the mails, as described in paragraph 

V, the respondent willfully violated section 4 of the Act (7 U.S.C. 6). 

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

served upon the said respondent. 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 the allegations of this complaint and a waiver of hearing. The 

respondent is hereby notified that unless hearing is waived, either expressly or 

by failure to file an answer, 

or by filing an answer in which all of the material allegations of fact 

contained in the complaint are admitted and a hearing is not requested, a 

hearing will be held at 10:00 a.m., local time, on the first day of December 

1965, in Ann Arbor, Michigan, at a 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 order should 

not be made directing that all contract markets refuse all trading privileges to 

the respondent for such period of, time as may be determined. 

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

respondent at least twenty (20) days prior to the date set for hearing. 

Done at Washington, D. C., 

on September 20, 1965. 

[SEE SIGNATURE IN ORIGINAL] 

Assistant Secretary 

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