Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: FREDERICK G. UHLMANN, JOHN F. BENJAMIN, AND ROBERT L. DAVID 

DOCKET NUMBER: 97 

DATE: JANUARY 13, 1961 

DOCUMENT TYPE: COMPLAINT 

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re: Frederick G. Uhlmann, John F. Benjamin, and Robert L. David, Respondents 

CEA Docket No. 97 

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

Act 

There is reason to believe that the respondents, Frederick G. Uhlmann, John 

F. Benjamin, and Robert L. David, have violated the Commodity Exchange Act (7 

U.S.C. 1958 ed., Chapter 1) and the rules and regulations made pursuant thereto, 

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

1958 ed., § 9), this complaint and notice of hearing is issued stating the 

charges in that respect as follows: 

I 

The Board of Trade of the City of Chicago, hereinafter called the Chicago 

Board of Trade, is now and was at all times material to this complaint a duly 

designated contract market under the Commodity Exchange Act. 

II 

Respondent Frederick G. Uhlmann, an individual whose address is Room 1480, 

141 West Jackson Boulevard, Chicago 4, Illinois, is now and was at all times 

material to this complaint a member of the Chicago Board of Trade and a 

representative of the Uhlmann Grain Company, a registered futures commission 

merchant. 

III 

Respondent John F. Benjamin, an individual whose address is Room 1480, 141 

West Jackson Boulevard, Chicago 4, Illinois, was at all times material to this 

complaint a registered floor broker under the Commodity Exchange Act, and is now 

and was at all such times a member of the Chicago Board of Trade. 

IV 

Respondent Robert L. David, an individual whose address is Room 1480, 141 

West Jackson Boulevard, Chicago 4, Illinois, is now and was at all times 

material to this complaint a member of the Chicago Board of Trade. 

V 

On May 19, 1960, respondent Frederick G. Uhlmann, in his capacity as a 

representative of the aforesaid Uhlmann Grain Company, had received and had in 

his possession an order to sell 25,000 bushels 

of May 1960 wheat futures on the Chicago Board of Trade for the account of a 

customer of the said Uhlmann Grain Company. Respondent Uhlmann filled the said 
Page 2 

order after the close of the trading session by means of direct and noncompetitive negotiations with respondents John F. Benjamin and Robert L. David. 

Pursuant thereto, respondent Benjamin, also acting for the account of a customer 

of the said Uhlmann Grain Company, purchased 20,000 bushels of May 1960 wheat 

futures from respondent Frederick G. Uhlmann at $ 1.93 per bushel, and 

respondent Robert L. David purchased 5,000 bushels of such future for his own 

account from respondent Frederick G. Uhlmann at $ 1.93 per bushel. By reason 

thereof, respondents Frederick G. Uhlmann, John F. Benjamin and Robert L. David 

executed transactions in wheat for future delivery on or subject to the rules of 

a contract market otherwise than by open and competitive methods in the trading 

pit during the regular hours prescribed by such contract market for trading in 

wheat futures, in willful violation of section 1.38 of the regulations under the 

Commodity Exchange Act (17 CFR 1.38). 

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

served upon the said respondents. The respondents will have twenty (20) days 

after the receipt of this notice of hearing in which to file with the Hearing 

Clerk, United States Department of Agriculture, Washington 25, D. C., an answer 

with an 

original and four copies, fully and completely stating the nature of the defense 

and admitting or denying, specifically and in detail, each material and relevant 

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 material allegations of this complaint and a waiver of 

hearing. The respondents are hereby notified that unless hearing is waived, 

either expressly or by failure to file an answer and request a hearing, a 

hearing will be held at 10:00 a.m., local time, on the 28th day of February 

1961, in Chicago, Illinois, at a place therein 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 order 

should not be made suspending or revoking any registrations of the respondents 

under the act which may be then in effect, and directing that all contract 

markets refuse all trading privileges to the respondents for such period of time 

as may be determined. 

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

the said respondents at least twenty (20) days prior to the date set for 

hearing. 

Done at Washington, D. C., 

January 13, 1961 

/s/ Clarence L. Miller 

Clarence L. Miller 

Assistant Secretary 

LOAD-DATE: June 12, 2008 
Page 3