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Commodity Futures Trading Commission 

CEA CASES 

NAME: JOHN C. WEAVER & SONS 

DOCKET NUMBER: 231 

DATE: JUNE 24, 1974 

DOCUMENT TYPE: COMPLAINT 

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re: John C. Weaver & Sons, Respondent 

CEA Docket No. 231 

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. 1 et seq.), and the regulations made pursuant thereto and 

this Complaint and Notice of Hearing is issued alleging the following: 

I 

Respondent John C. Weaver & Sons is a Tennessee partnership composed of John 

C. Weaver, Dudley S. Weaver, II, and Robert L. Weaver with its principal office 

and place of business located at 64 South Front Street, Memphis, Tennessee 

38101. The partnership is now, and has been since May 3, 1972, a registered 

futures commission merchant under the Commodity Exchange Act, engaged in trading 

in commodities for future delivery. Prior to May 3, 1972, the firm did business 

under the name of Noland-Weaver and was so registered as a futures commission 

merchant as of June 24, 1971. The partnership and each of the above-named 

partners are members of the New York Cotton Exchange, a designated contract 

market under the Commodity Exchange Act. 

II 

As of December 31, 1971, and every six months thereafter, the firm was 

required by section 1.10 of the regulations issued pursuant to the 

Commodity Exchange Act (17 CFR 1.10) to prepare and submit to the Commodity 

Exchange Authority Form 1-FR, Statement of Financial Condition. 

III 

Despite numerous reminders, CEA Form 1-FR was received as set forth in the 

following table: 

As of Date Due Date Date Received Certified By 

12-31-71 3-31-72 4-11-72 Dudley S. Weaver II 

6-30-72 9-30-72 10-16-72 Dudley S. Weaver II 

12-31-72 3-31-73 4-27-73 Dudley S. Weaver II 

6-30-73 9-30-73 10-18-73 Dudley S. Weaver II 

In addition to the delinquent filing of Form 1-FR, detailed above, numerous 

errors, such as improper classifications, omission of required supporting dates, 

and erroneous computation of the proprietary safety factor were found in those 

Form 1-FR submitted for the years 1972 and 1973, including that of 12/31/73, due 

3/31/74, certified by Robert L. Weaver. 

IV 
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By reason of the facts alleged in this Complaint, the respondent has wilfully 

violated section 4f of the Commodity Exchange Act (7 U.S.C. 6f) and section 1.10 

of the regulations issued thereunder (17 CFR 1.10). 

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 and 0.28). 

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

contained in the Complaint are admitted likewise shall constitute a waiver of 

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

unless such hearing is waived, the hearing will be held at a place and date to 

be specified later, before an Administrative Law Judge 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) suspending or revoking the 

registration of respondent John C. Weaver & Sons as futures commission merchant, 

(2) 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 

(3) directing 

that the respondent shall cease and desist from violating the Act and 

regulations in the manner alleged herein. 

Done at Washington, D.C. 

June 24 1974 

[SEE SIGNATURE IN ORIGINAL] 

RICHARD L. FELTNER 

Assistant Secretary 

LOAD-DATE: June 16, 2008 
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