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Commodity Futures Trading Commission 

CEA CASES 

NAME: ROY D. SIMMONS 

DOCKET NUMBER: 108 

DATE: JULY 30, 1962 

DOCUMENT TYPE: COMPLAINT 

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re Roy Do Simmons, Respondent 

CEA Docket No. 108 

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

Act 

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

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

rules and regulations made pursuant to its requirements (17 CFR, Part 1), and in 

accordance with the provisions of section 6(b) of the said act (7 U.S.C. § 9), 

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

respect as follows: 

I 

Respondent, Roy D. Simmons, an individual whose address is 38 East Oneida 

Street, Oswego, New York, is now, and was at all times mentioned herein, a 

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

the Commodity Exchange Act. 

II 

The Chicago Mercantile Exchange is now, and was at all times mentioned 

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

III 

On each day during the period January 2 through January 11, 1962, the 

respondent held open contracts in shell egg futures on the Chicago Mercantile 

Exchange of 25 or more carlots 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 for his account in all egg futures on all boards of 

trade (exchanges) during the said period, as provided in section 4i of the 

Commodity Exchange Act (7 U.S.C. § 6i) 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, 18.03). 

IV 

The respondent submitted reports to the Commodity Exchange Authority which 

purported to show all transactions executed for the respondent and the position 

of the respondent, in egg futures on the Chicago Mercantile Exchange on each 

business day during the period specified in paragraph III above. However, such 

reports did not show the actual transactions executed for the respondent or the 

true positions held by him. By reason thereof the respondent submitted false 

reports to the Commodity Exchange Authority in wilful violation of the aforesaid 

section of the Commodity Exchange Act and the regulations thereunder. 
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V 

On January 3, 4 and 5, 1962, the respondent held speculative net short 

positions of 69, 84 and 54 carlots, respectively, in the January 1962 shell egg 

future on the Chicago Mercantile Exchange. 

VI 

On January 10, 1962, the respondent held a speculative net long position of 

54 carlots in the January 1962 shell egg future on the Chicago Mercantile 

Exchange. 

VII 

On January 2, 1962, the respondent made speculative sales of 70 carlots of 

January 1962 shell egg futures on the Chicago Mercantile Exchange. 

VIII 

On January 9, 1962, the respondent made speculative purchases of 69 carlots 

of January 1962 shell egg futures on the Chicago Mercantile Exchange. 

IX 

By reason of the facts set forth in paragraphs V through VIII above, the 

respondent wilfully violated section 4a(2) of the Commodity Exchange Act and the 

order of the Commodity Exchange Commission establishing limits on positions and 

daily trading in shell eggs for future delivery (7 U.S.C. 6a (2); 17 CFR 150.5). 

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 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 five 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 respondent is 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 27th day of September 

1962, in Chicago, Illinois, 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 suspending or revoking the registration of the respondent as a floor 

broker, and 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., 

July 30, 1962. 

/s/ John P. Duncan, Jr. 

John P. Duncan, Jr. 

Assistant Secretary 

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