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Commodity Futures Trading Commission 

CEA CASES 

NAME: JOHN G. MCCARTHY 

DOCKET NUMBER: STIPULATION 25 

DATE: SEPTEMBER 8, 1955 

DOCUMENT TYPE: STIPULATION OF COMPLIANCE 

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re: John G. McCarthy 

Stipulation of Compliance under the Commodity Exchange Act No. 25 

WHEREAS, the Secretary of Agriculture has reason to believe that John G. 

McCarthy has violated the Commodity Exchange Act (7 U.S.C. 1-17a) and the rules 

and regulations thereunder (17 CFR, Chapter 1) by virtue of certain transactions 

involving the purchase and sale of soybean futures, and 

WHEREAS, no complaint with respect to such violations has been issued, and 

WHEREAS, section 0.4(a) of the rules of practice under the Commodity Exchange 

Act (17 CFR 0.4(a)) provides that at any time prior to the issuance of a 

complaint in any proceeding, the Secretary of Agriculture may, in his 

discretion, enter into a stipulation with a prospective respondent whereby the 

latter admits the material facts and agrees to discontinue the acts or practices 

which are intended to be set up as violative of the statute, and 

WHEREAS, the said John G. McCarthy is desirous of disposing of this matter by 

entering into such a stipulation, 

NOW, THEREFORE, the said John G. McCarthy hereby stipulates and represents 

that the following facts are true: 

1. John G. McCarthy, an individual whose address is 141 West Jackson 

Boulevard, Chicago, Illinois, is now and was at all times mentioned herein a 

registered floor broker under the Commodity Exchange Act and a member of the 

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

Trade, a duly designated contract market. 

2. Section 1.38 of the rules and regulations under the Commodity Exchange Act 

(17 CFR, 1954 Supp., 1.38) provides as follows: 

All purchases and sales of any commodity for future delivery on or subject to 

the rules of a contract market shall be executed openly and competitively as to 

price by open outcry or posting of bids and offers or by other equally open and 

competitive methods, in the trading pit or ring or similar place provided by the 

contract market, during the regular hours prescribed by the contract market for 

trading in such commodity: Provided, however, That this requirement shall not 

apply to such transactions as are executed in accordance with written rules of 

the contract market which have been submitted to and not disapproved by the 

Secretary of Agriculture, specifically providing for the noncompetitive 

execution of such transactions. 

3. Regulation 1832A of the Chicago Board of Trade prohibits trading in 

soybean futures during the last seven days of a delivery month. Pursuant to the 

said regulation, trading in July 1955 soybean futures terminated at the close of 

business on July 20, 1955. 
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4. On July 21, 1955, the said John G. McCarthy purchased 10,000 bushels of 

July 1955 soybean futures for his personal account by direct and private 

negotiation with the seller. Such transaction was not within any of the 

exceptions specified in section 1.38 of the rules and regulations under the 

Commodity Exchange Act (17 CFR, 1954 Supp., 1.38), and was in violation of the 

said section and Act. 

In addition to admitting the foregoing facts, the said John G. McCarthy 

hereby agrees to discontinue all such acts and practices and all other acts and 

practices which are in violation of the Commodity Exchange Act or the rules and 

regulations thereunder, and further specifically agrees that this stipulation 

shall be admissible as evidence of acts and practices in violation of the 

Commodity Exchange Act and the rules and regulations thereunder in any 

subsequent proceeding brought against the said John G. McCarthy, under the 

provisions of the said Act. 

Done at Chicago, Illinois 

this 8th day of Sept., 1955 

/s/ John G. McCarthy 

John G. McCarthy 

Witnessed by: 

/s/ A. R. Grosstephan 

/s/ S. F. Gordon 

LOAD-DATE: June 16, 2008 
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