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Commodity Futures Trading Commission 

CEA CASES 

NAME: EMIL VOJTEK 

DOCKET NUMBER: 99 

DATE: JUNE 28, 1961 

DOCUMENT TYPE: COMPLAINT 

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re: Emil Vojtek, Respondent 

CEA Docket No. 99 

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

Act 

There is reason to believe that the respondent, Emil Vojtek, has violated the 

Commodity Exchange Act (7 U.S.C. 1958 ed., Chapter 1), and the regulations made 

pursuant thereto, 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 

The Chicago Open Board of Trade, hereinafter called the Open Board, is now 

and was at all times material herein a duly designated contract market under the 

Commodity Exchange Act. 

II 

Respondent Emil Vojtek, an individual whose address is 343 South Dearborn 

Street, Chicago 4, Illinois, is now and was at all times material herein a 

member of the Open Board. At all times hereinafter mentioned, the said Emil 

Vojtek was a representative of I. Usiskin and Company, Inc., which firm was a 

member of the Open Board, and the said respondent was authorized to execute 

transactions in commodity futures on the Open Board for the account of the 

aforesaid I. Usiskin and Company, Inc. At all such times, the said Emil Vojtek 

also carried a commodity futures account in his own name on the books of Greene 

and Collins, a clearing member of the Open Board. 

III 

The transactions in commodity futures hereinafter described were capable of 

being used for hedging transactions in interstate commerce in such commodities 

or the products or by-products thereof, or for determining the price basis of 

transactions in interstate commerce in such commodities, or for delivering such 

commodities sold, shipped, or received in interstate commerce 

IV 

On the dates hereinafter listed, respondent Emil Vojtek reported to the 

aforesaid Greene and Collins that he had entered into transactions in commodity 

futures on the Open Board with the aforesaid I. Usiskin and Company, Inc., for 

his personal account at Greene and Collins, and at the same time reported to the 

said I. Usiskin and Company, Inc., that, as its representative, he had entered 

into transactions in such futures on the Open Board with the aforesaid Greene 

and Collins for the account of the said I. Usiskin and Company, Inc., and the 

said respondent thereby caused the aforesaid Greene and Collins and I. Usiskin 
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and Company, Inc., to record the following transactions on their respective 

books and records. 

Date Quantity 1960 Commodity Future (Bushels) Price Buyer Seller 

August 2 Soybeans November 5,000 2.18 G & C Usiskin 

August 2 Soybeans November 5,000 2.18-1/8 G & C Usiskin 

August 2 Soybeans November 5,000 2.17-1/2 Usiskin G & C 

August 2 Soybeans November 10,000 2.18-5/8 Usiskin G & C 

August 3 Soybeans November 10,000 2.16-3/4 G & C Usiskin 

August 9 Wheat December 10,000 1.92-1/2 Usiskin G & C 

August 9 Wheat December 5,000 1.92-3/8 Usiskin G & C 

August 11 Rye September 5,000 1.17-1/8 Usiskin G & C 

August 12 Soybeans January 1,000 2.21-7/8 Usiskin G & C 

August 12 Soybeans November 5,000 2.17-3/8 G & C Usiskin 

In truth and in fact, no such trades had actually taken place. By reason 

thereof, respondent Emil Vojtek entered into and confirmed the execution of 

fictitious transactions in commodity futures on the Open Board, in willful 

violation of section 4c(A) of the Commodity Exchange Act (7 U.S.C. § 6c(A)). 

V 

On the dates hereinafter listed, Jack P. Leo, a clearing member of the Open 

Board, ordered respondent Emil Vojtek to execute purchases or sales of commodity 

futures on the Open Board for the account of the said Jack P. Leo. Respondent 

Emil Vojtek did not execute the said orders but merely made entries on trading 

cards of Jack P. Leo purporting to show that the following trades had been 

executed on the Open Board between the said Jack P. Leo and the aforesaid I. 

Usiskin and Company, Inc., and reported to Jack P. Leo and I. Usiskin and 

Company, Inc., that such transactions had been executed for their respective 

accounts on the Open Board, thereby causing the said Jack P. Leo and the said I. 

Usiskin and Company, Inc., to record such transactions on their respective books 

and records: 

See original document-page 4 

Date Quantity 1960 Commodity Future (Bushels) Price Buyer Seller 

August 5 Wheat December 5,000 1.92-3/8 Usiskin Leo 

August 8 Rye March 5,000 1.27 Leo Usiskin 

August 9 Wheat December 5,000 1.92-1/8 Usiskin Leo 

August 11 Wheat March 5,000 1.96-3/8 Usiskin Leo 

By reason thereof, respondent Emil Vojtek entered into and confirmed the 

execution of fictitious transactions in commodity futures on the Open Board, in 

willful violation of section 4c(A) of the Commodity Exchange Act (7 U.S.C. § 

6c(A)). 

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

served upon the 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 in 

triplicate, 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 

a.m., local time, on the first day of August, 1961, in Chicago, Illinois, at a 

place therein to be specified later, before a referee designated to conduct such 
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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. 

June 28, 1961 

/s/ John P. Duncan, Jr. 

John P. Duncan, Jr. 

Assistant Secretary 

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