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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

COMMODITY FUTURES TRADING 

COMMISSION,

Plaintiff, 

v.

KENZLEY RAMOS

also known as Kenzley Jacobs

also known as Anthony “Tony” David 

McKinney

also known as Anthony Green

Defendant. 

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Civil Action No. 3:20-CV-02985-X 

FINAL JUDGMENT

By separate order, the Court has granted the Commodity Futures Trading 

Commission’s Motion for Final Judgment by Default on all claims against Kenzley 

Ramos. Therefore, the Court issues this final judgment including the following 

remedies. 

I. Permanent Injunction

IT IS HEREBY ORDERED THAT:

Based upon and in connection with the foregoing conduct, pursuant to Section 

6c of the Commodity Exchange Act,1 Kenzley Ramos is permanently restrained, 

enjoined and prohibited from directly or indirectly: 

A. Cheating or defrauding, or attempting to cheat or defraud, other 

1 7 U.S.C. § 13a-1(a).

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persons; issuing or causing to be issued false reports; and willfully 

deceiving or attempting to deceive other persons in or in connection with 

any order to make, or the making of, any contract of sale of any 

commodity for future delivery, or forex contract that is made, or to be 

made, for or on behalf of, or with, any other person in violation of 

Sections 4b, 4c, and 4o of the Act,2 and Regulations 5.2(b)(1)-(3) and 

32.4;3

B. Using the mails or other means or instrumentalities of interstate 

commerce to directly or indirectly employ a device, scheme, or artifice to 

defraud clients or prospective clients, or engage in transactions, 

practices, or courses of business which operate as a fraud or deceit upon 

clients or prospective clients in violation of Section 4o of the Act;4 and 

C. Using the mails or other means or instrumentalities of interstate 

commerce to engage in a business that is of the nature of a commodity 

pool and/or in connection therewith, to solicit, accept, or receive from 

others, funds, securities, or property, either directly or through capital 

contributions, the sale of stock or other forms of securities, or otherwise 

for the purpose of trading, including any commodity for future delivery, 

security futures product, swap, or agreement, contract, or transactions 

2 7 U.S.C. §§ 6b(a)(2)(A)–(C), 6c(b), 6o(1)(A)–(B).

3 17 C.F.R. §§ 5.2(b)(1)–(3); 32.4.

4 7 U.S.C. § 6o(1)(A)–(B).

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as they are described in Section 2(c)(2)(C)(i) or Section 2(c)(2)(D)(i) of the 

Act, in violation of Sections 2 and 4m of the Act5 and Regulation 

5.3(a)(2).6

Kenzley Ramos is also permanently restrained, enjoined and prohibited from 

directly or indirectly: 

A. Trading on or subject to the rules of any registered entity, as that term 

is defined in Section 1a(40) of the Act;7

B. Entering into any transactions involving “commodity interests,” as that 

term is defined in Regulation 1.3,8 for his own personal account or for 

any account in which he has a direct or indirect interest;

C. Having any commodity interests traded on his behalf;

D. Controlling or directing the trading for or on behalf of any other person 

or entity, whether by power of attorney or otherwise, in any account 

involving commodity interests;

E. Soliciting, receiving or accepting any funds from any person for the 

purpose of purchasing or selling any commodity interests;

F. Applying for registration or claiming exemption from registration with 

the Commission in any capacity, and engaging in any activity requiring 

such registration or exemption from registration with the Commission 

5 7 U.S.C. §§ 2(c)(2)(C)(iii)(I)(cc), 6m(1).

6 17 C.F.R. § 5.3(a)(2).

7 7 U.S.C. § 1a(40).

8 17 C.F.R. § 1.3.

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except as provided for in Regulation 4.14(a)(9);9 and/or

G. Acting as a principal, as that term is defined in Regulation 3.1(a),10

agent or any other officer or employee of any person, as that term is 

defined in Section 1a(38) of the Act,11 registered, or exempted from 

registration or required to be registered with the Commission except as 

provided for in 17 C.F.R. § 4.14(a)(9).

II. Restitution 

IT IS HEREBY ORDERED THAT: 

Kenzley Ramos shall pay restitution in the amount of twenty-seven thousand, 

five hundred and fifty-six dollars ($27,556.00), which is identified as the “Restitution 

Obligation”. If the Restitution Obligation is not paid immediately, post-judgment 

interest shall accrue on the Restitution Obligation beginning on the date of entry of 

this Order and shall be determined by using the Treasury Bill rate prevailing on the 

date of entry of this Order pursuant to 28 U.S.C. § 1961.

To effect payment of the Restitution Obligation and the distribution of any 

restitution payments to Kenzley Ramos’s pool participants, the Court appoints the 

National Futures Association as Monitor. The Monitor shall receive restitution 

payments from Kenzley Ramos and make distributions as set forth below. Because 

the Monitor is acting as an officer of this Court in performing these services, the 

9 17 C.F.R. § 4.14(a)(9).

10 17 C.F.R. § 3.1(a).

11 7 U.S.C. § 1a(38).

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National Futures Association shall not be liable for any action or inaction arising 

from National Futures Association’s appointment as Monitor, other than actions 

involving fraud.

Kenzley Ramos shall make Restitution Obligation payments, and any postjudgment interest payments, under this Order to the Monitor in the name “Kenzley 

Ramos – Restitution Fund” and shall send such payments by electronic funds 

transfer, or by U.S. postal money order, certified check, bank cashier’s check, or bank 

money order, to the Office of Administration, National Futures Association, 300 

South Riverside Plaza, Suite 1800, Chicago, Illinois 60606 under cover letter that 

identifies Kenzley Ramos and the name and docket number of this proceeding. 

Kenzley Ramos shall simultaneously transmit copies of the cover letter and the form 

of payment to the Chief Financial Officer, Commodity Futures Trading Commission, 

Three Lafayette Centre, 1155 21st Street, NW, Washington, D.C. 20581.

The Monitor shall oversee the Restitution Obligation and shall have the 

discretion to determine the manner of distribution of such funds in an equitable 

fashion to Kenzley Ramos’s pool participants identified by the Commission or may 

defer distribution until such time as the Monitor deems appropriate. In the event 

that the amount of Restitution Obligation payments to the Monitor are of a de 

minimis nature such that the Monitor determines that the administrative cost of 

making a distribution to eligible pool participants is impractical, the Monitor may, in 

its discretion, treat such restitution payments as civil monetary penalty payments, 

which the Monitor shall forward to the Commission following the instructions for civil 

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monetary penalty payments set forth in Part III below. 

Kenzley Ramos shall cooperate with the Monitor as appropriate to provide 

such information as the Monitor deems necessary and appropriate to identify Kenzley 

Ramos’s pool participants to whom the Monitor, in its sole discretion, may determine 

to include in any plan for distribution of any Restitution Obligation payments. 

Kenzley Ramos shall execute any documents necessary to release funds that he has 

in any repository, bank, investment or other financial institution, wherever located, 

in order to make partial or total payment toward the Restitution Obligation. 

The Monitor shall provide the Commission at the beginning of each calendar 

year with a report detailing the disbursement of funds to Kenzley Ramos’s pool 

participants during the previous year. The Monitor shall transmit this report under 

a cover letter that identifies the name and docket number of this proceeding to the 

Chief Financial Officer, Commodity Futures Trading Commission, Three Lafayette 

Centre, 1155 21st Street, NW, Washington, D.C. 20581. 

The amounts payable to each pool participant shall not limit the ability of any 

pool participant from proving that a greater amount is owed from Kenzley Ramos or 

any other person or entity, and nothing herein shall be construed in any way to limit 

or abridge the rights of any pool participant that exist under state or common law. 

Pursuant to Rule 71 of the Federal Rules of Civil Procedure, each pool 

participant of Kenzley Ramos who suffered a loss is explicitly made an intended thirdparty beneficiary of this Order and may seek to enforce obedience of this Order to 

obtain satisfaction of any portion of the restitution that has not been paid by Kenzley 

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Ramos to ensure continued compliance with any provision of this Order and to hold 

Kenzley Ramos in contempt for any violations of any provision of this Order.

To the extent that any funds accrue to the U.S. Treasury for satisfaction of 

Kenzley Ramos’s Restitution Obligation, such funds shall be transferred to the 

Monitor for disbursement in accordance with the procedures set forth above.

Acceptance by the Commission or the Monitor of any partial payment of 

Kenzley Ramos’s Restitution Obligation shall not be deemed a waiver of his obligation 

to make further payments pursuant to this Order, or a waiver of the Commission’s 

right to seek to compel payment of any remaining balance.

III. Civil Monetary Penalty

IT IS HEREBY ORDERED THAT: 

Kenzley Ramos shall pay a civil monetary penalty in the amount of eighty-two 

thousand, six hundred and sixty-eight dollars ($82,668.00), identified as the “Civil 

Monetary Penalty Obligation,” an amount that represents three times the gain to 

Kenzley Ramos.12 If the Civil Monetary Penalty Obligation is not paid immediately, 

then post-judgment interest shall accrue on the Civil Monetary Penalty Obligation 

beginning on the date of entry of this Order and shall be determined by using the 

Treasury Bill rate prevailing on the date of entry of this Order pursuant to 28 U.S.C. 

§ 1961 (2018).

Kenzley Ramos shall pay his Civil Monetary Penalty Obligation and any post12 See 7 U.S.C. § 13a-1(d)(1)(A). 

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judgment interest, by electronic funds transfer, U.S. postal money order, certified 

check, bank cashier’s check, or bank money order. If payment is to be made other 

than by electronic funds transfer, then the payment shall be made payable to the 

Commodity Futures Trading Commission and sent to the address below:

MMAC/ESC/AMK326

Commodity Futures Trading Commission

Division of Enforcement

6500 S. MacArthur Blvd.

HQ Room 181

Oklahoma City, OK 73169

(405) 954-6569 office

(405) 954-1620 fax

9-AMC-AR-CFTC@faa.gov

If payment by electronic funds transfer is chosen, Kenzley Ramos shall contact 

Marie Thorne or her successor at the address above to receive payment instructions 

and shall fully comply with those instructions. Kenzley Ramos shall accompany 

payment of the Civil Monetary Penalty Obligation with a cover letter that identifies 

Kenzley Ramos and the name and docket number of this proceeding. Kenzley Ramos 

shall simultaneously transmit copies of the cover letter and the form of payment to 

the Chief Financial Officer, Commodity Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street, NW, Washington, D.C. 20581.

Acceptance by the Commission or the Monitor of any partial payment of 

Kenzley Ramos’s Civil Monetary Penalty Obligation shall not be deemed a waiver of 

his obligation to make further payments pursuant to this Order, or a waiver of the 

Commission’s right to seek to compel payment of any remaining balance.

IV. Miscellaneous Provisions

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Notice: All notices required to be given by any provision in this Order shall 

be sent certified mail, return receipt requested, as follows: 

Notice to Commission:

Charles D. Marvine

Deputy Director

Commodity Futures Trading Commission

Division of Enforcement 

4900 Main Street, Suite 500

Kansas City, MO 64112

Notice to Defendant:

Kenzley Ramos

7543 Edenberry Way

Lithonia, GA 30058

Notice to NFA: 

Daniel Driscoll, Executive Vice President, COO

National Futures Association

300 S. Riverside Plaza, Suite 1800

Chicago, IL 60606-3447

All such notices to the Commission or the NFA shall reference the name and docket 

number of this action. 

Change of Address/Phone: Until such time as Kenzley Ramos satisfies his 

Restitution Obligation and Civil Monetary Penalty Obligation as set forth in this 

Order, Kenzley Ramos shall provide written notice to the Commission by certified 

mail of any change to his telephone number and mailing address within ten calendar 

days of the change.

Invalidation: If any provision of this Order or if the application of any 

provision or circumstance is held invalid, then the remainder of this Order and the 

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application of the provision to any other person or circumstance shall not be affected 

by the holding.

Continuing Jurisdiction of this Court: The Court shall retain jurisdiction 

of this case to ensure compliance with this Order and for all other purposes related 

to this action, including any motion to Kenzley Ramos to modify or for relief from the 

terms of this Order.

Injunctive and Equitable Relief Provisions: The injunctive and equitable 

relief provisions of this Order shall be binding upon the Kenzley Ramos, upon any 

person under the authority or control of the Kenzley Ramos, and upon any person 

who receives actual notice of this Order, by personal service, e-mail, facsimile, or 

otherwise insofar as he or she is acting in active concert or participation with Kenzley 

Ramos. 

All relief not expressly granted is denied. This is a final judgment.

IT IS SO ORDERED this 6th day of July, 2021.

___________________________________ 

BRANTLEY STARR

UNITED STATES DISTRICT JUDGE

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