. . l(b)(6) (b)(7)(C) Conf1rmat1on Number: 

Submission Received:~-----------" 

UNITED STATES 

COMMODITY FUTURES TRADING COMMISSION 

Washington, D.C. 20581 

Filed Complaint with the CFTC Division of Enforcement 

1. WHICH CATEGORY(IES) BEST DESCRIBE YOUR COMPLAINT 

A. Fraudulent repre~entation~ that per~uaded you to trade futures. options, swap~. forex, or leveraged tran~action~. 

If a rate of return was promised to you. what was the rnte of return? 

Annual, Monthly Other periodic hasis 

Were promised that the risk of loss trading futures was limited? Yes. No 

Were you offered a money back guarantee'1 Ye~. 

Were you told something ahout the experience of the per~on(s) trading your fund~ that you later found out was untrue? Yes, No 

If yes, what were you told? 

If none of the above. describe whnt you were told that you now believe to be untrue. 

Ar.: then: other pot.::ntial victims that you know of? Please identify. 

Did the conduct occur within the L:nitcd States? Ye~, Nu 

If not, where did it occur'! 

B. Some type or cheating or fraud that occurred after you had deposited funds to trade futures. optiom, swaps. furcx, retail 

commodity, or leveraged transactions (for example, if ~omconc used the funds you deposited to pay off someone cbc or you have asked 

for the return of your funds and have been refused). 

!Iavc you asked for the return of your fund~? Yes, No 
To your knowledge, are there any funds remaining? Yes, No 

If so, how much? 

l(b)(6) (b)(7)(C) I 

Do you know the name of the futures commission merchant that processed the tr.ides'! Yes. No 

If ·es, lea~e identif '· 

(b)(6) (b)(7)(C) 

Are there other potential victim~ that you know of! Yes, No 

Please identify 

i(b)(6) llNFOR:V1ED ME THAT SHE FOUND OTHER CO:V1PLAII\TS ABOUT KRAKEN BITCOII\ EXCHANGE WHILE 

LOOKII\G 0:-.JLINE. 

Did the conduct occur within the L:nited Stah:s? No 

If not, where did it occur'! 

C. Someone or some firm that ~hould be registered under the Commodity Exchange Act, but is not. 

Describe the conduct that you believe requires the per~on or firm to be regi~tered under the CEA. 

Did the conduct occur within the Cnited States'! Yes, No 

If not. where did it occur? 

D. Di~ruplive or manipulative trading activity in the future~, options or swaps markc\s 

Whal is the source or your bdid that someone or some entity ha~ engaged in either a disruptive trading practice or manipulative 

activity? 

On what day~, and if you know, what time of day, did the alleged conduct occur? 
On what exchange or market did the activity occur? 

What price~, if any, were aft'ected by the alleged conduct? 

Did the conduct occur within the L:nited States? Yes, No 

If not. where did it occur'! 

E. The trading of futures options, or ~waps based upon confidential information hy someone not allowed to me ~uch information 

Was the confidential information held or created hy the Federal Government? No 

If yes, which of the following apply: 

Did the Federal Government gcn.::rally di~s.::minate the information prior to the allcg.::d trading activity? Y.::s, No 

Did a Federal .::mploy.::.:: or ag.::nl us.: the information lo trade a future~ contract. an opliom contract. or a ~wap? Y.::s, No 

Did a Federal .::mploy.::.:: or ag.::nl provid.:: the confid.::nlial information to someone else that this oth.::r p.::rson could trad.:: a 

futures contrnct. an options contract, or a swap'! Yes, l\"o 

Did ~omconc ~teal the confidential information and use it lo trade a futures contract, an options contract or a swap? 

Yes, No 

Did the confidential information belong to a per~on or a firm'! 

If yes, identify that person or firm with contact information. 

Did the conduct occur within the Cnited States'! Yes, No 

If not, where did it occur? 

If your complaint docs not fit into any of the above-described cat.::gories pica~.: describe below. 

2. Ilav.:: you ~uffrrcd a monetary lo~~? ~ Yes. D :'.'-Jo 
If yes. describe how much. 

(b)(6) 

/h1/71W.1 

3. When did the alleged conduct occur'! 

:'vIAY 19. 2017. A::-,./D JL:l\"E 23. 2017 

4. ls the conduct on-going? D Ye~, [8J :-.Jo 

5. Has the individual or firm who engaged in the conduct acknowledged their fault'.' D Ye~, [8J No 

(i. Ilav.:: you or anyon.:: else taken any action agaiml lb.: firm or person who engaged in lb.: alleged conduct? D Yes. [8J l\"o 

If yes. ~elect the appropriate category: 

Prior complaint to lhe CFfC D 

Complaint to another regulator D. 

A state or federal criminal law enforcement entity. D 

A legal action filed against the person or firm in a court of law. D 

Additional comments based on above selection (e.g .. Who. When. Contact. To whom made. Case !\"umber. Court) 

7. Provide a hrief description about what you are complaining about. 

A (b)(B) rRAl\"SFER FRO:\-1 MY BANK AC'COLl\"T Al\"D A (b)(B) TRAl\"SACTION FROM MY KRAKE ACCOLNT WERE ck,n,c • " " " /h\/711('_1 

:-.JOT CREDITED. IT'S AS IF THE MO:-.JEY JUST DISAPPEARED. 

2. TELL US ABOUT THE INDIVIDUAL AND/OR FIRM YOU ARE COMPLAINING ABOUT 

INDIVIDUAL/FIRM 1: 

1. Type: Individual Firm Individual/Firm Name 

KRAKEN BITCOJN EXCHANGE 

Title that best describes what you are complaining about 

Other 

If you are complaining about a firm or individual that has custody or control of your investments. have you had difficulty contacting 

that entity or individual'! Yes. No. L:nknown 

2. Individual/Firm Street Address: Suite/Apartment/Unit# 

548 MARKET ST # 39656 

3. City: Stale/Province ZIP/Postal Code Country 

SAi\" FRANCISCO CALIFOR::-,./IA 94104 U::-,./ITED STATES 
4. Ilomc Phone: Work Phone: Mobik Phone: Other Number: 

+ I 800-276-6048 

5. E-mail Address: Web~ilc Addrc~~: 

SL:PPORT@KRAKEN.COM IIITPS://WWW.KRAKEN.CO:\1/ 

6. Are you or \Vere you a~sociated with the individual or firm when the alleged conduct occurred? Yes, Lnknov,,n 

7. How are you or were you associated with the individual or form you are complaining about? Describe 

:-.J/A 

What was the initial form of contact between you and the per~on again~! whom you are filing this complaint? 

Other 

If Other, please explain 

lnve~tment New~letter recommendation 

3. TELL US ABOUT YOU 

Are you ~uhmitting thi~ tip, complaint or referral anonymously? Being ahle to contact you for further information or clarification may 

he helpful Yes, No 

Are you represented by an attorney in connection with your submi~~ion? Yes, 

COMPLAINANT INFORMATION 

Title Mr., Mrs .. 

(b)(6) (b)(7)(C) 

4. TELL US ABOUT THE INSTRUMENTS INVOLVED IN YOUR COMPLAINT 

D A futures contract, including a single ~tock futures contract, a narrow hased or broad hased security future contract. 

D An option on a futures contract. an option on a commodity, BUT NOT an option on a security or a basket of securities. 
D A swap, including a mixed swap BLT NOT a ~wap hased on a single ~ecurity or ha~ed on a narrow (i.e., nine or le~s) index of 

securities. 

D A fur.::ign cuncncy transaction 

If checked. 

Ar.: you an individual that trade~ or invests more than $10,000.000 on a discrcliunary basis? D Yes, D Nu 

Are you an individual that trades or inve~t~ more than $5,000.000 and enter~ into the foreign currency agreement to manage the ri~k 

a~~ociated with some other a~~et or liability'! D Ye~. D :-.Jo 

LSI A commodity trnnsaction cntcr.::d into or offrrcd on a lcv.::raged or margined basis. or financed by the offrror. th.: count.::rparty. or 

someone acting in conc.::rt with the offcror or counterparty 

If checked, 

Are you an individual that trades or inve~t~ more than $10.000,000 on a di~cretionary basis'! D Ye~. LSI No 

Are you an individual that trades or inve~t~ more than $5,000.000 and enter~ into the foreign currency agreement to manage the risk 

a~~ociated with some other a~~et or liability'! D Yes. [SJ No 

[SJ A cash (or physical) contrnct traded in interstate commerce. 

LSI I agree to the collection, processing. use and disclosure of my per~onal information as ~tated in the Privacy Act Statement and the 

privacy policy for www.cttc.gov. 
U.S. COMMODITY FUTURES TRADING COMMISSION 

WASHINGTON, D.C. 20581 

Statement to Persons Providing Information about Themselves to 

the Commodity Futures Trading Commission 

This document sets forth your legal rights and responsibilities as a person requested to supply 

information about yourself voluntarily, as a person with recordkeeping obligations under the 

Commodity Exchange Act or CFTC regulations or as a person directed to provide sworn testimony or 

produce documents pursuant to a subpoena of the Commodity Futures Trading Commission. When 

applicable, this statement also provides important information about the deposition process for 

persons providing testimony. Unless stated otherwise, the information below applies whether you are 

providing information voluntarily, pursuant to the recordkeeping obligations of a registrant, or 

pursuant to subpoena. 

FALSE STATEMENTS AND DOCUMENTS 

Any person who knowingly and willfully makes false or fraudulent statements, whether under oath or 

otherwise, or who falsifies, conceals or covers up a material fact, or submits any false writing or 

document, knowing it to contain false, fictitious or fraudulent information, is subject to the criminal 

penalties set forth in 18 U.S.C. § 1001 which include imprisonment of not more than five years, 

imposition of a substantial fine under the Federal Sentencing Guidelines, or both. 

It shall also be unlawful for any person to make any false or misleading statement of a material fact to the 

Commission, including in any registration application or any report filed with the Commission under this 

Act, or any other information relating to a swap, or a contract of sale of a commodity in interstate 

commerce, or for future delivery on or subject to the rules of any registered entity, or to omit to state in 

any such statement any material fact that is necessary to make any statement of a material fact made not 

misleading in any material respect, if the person knew, or reasonably should have known, the statement 

to be false or misleading, as set forth in the Dodd-Frank Wall Street Reform and Consumer Protection Act 

of 20"10, Pub. L. No. 111-203, Title VII (the Wall Street Transparency and Accountability Act of 20"10), 

§753, 124 Stat. 1376 (enacted July 21, 201 0), to be codified at 7 U.S.C. §§ 9, 15. 

PRIVACY ACT 

To restrict unauthorized dissemination of personal information, the Privacy Act of 1974, 5 U.S.C. § 552a, 

limits an agency's ability to disclose such information. 1 Under the Privacy Act, the Commission may 

lndIvIduals should refer to the full text of the Privacy Act, 5 U.S.C. § 552a(b), to the Commission's rules, 17 C.F.R. 146, and the 

CFTC's compilation of System of Record Notices, 76 Fed. Reg. 5974 {Feb. 2, 2011) for a complete list of authorized disclosures and 

coverage of the Act. Only those disclosures arising most frequently are mentioned in this document 

1 
disclose protected information as follows: when the individual to whom the record pertains consents in 

writing; when officers and employees of the Commission need the record to perform their duties; when 

required by the terms of the Freedom of Information Act, 5 U.S.C. § 552; or when disclosure is for a 

"routine use" (i.e., one compatible with the purpose for which the information was collected). 

The Privacy Act also requires that, in certain situations, individuals requested to provide information 

about themselves receive notice of the following: 

I. AUTHORITY FOR SOLICITATION OF INFORMATION. 

a. Recordkeeping for Registered Persons. Sections 4f, 4g, and 4n of the Commodity 

Exchange Act, 7 U.S.C. § 6f, 6g, 6n, and Commission Rules U 2, 1.18, I .31, I .33, 1.34, 

1.35, 1.37, 1.55,3.12,4.23,4.32,32.7, and 33.7, 17 C.F.R. §§ 1.12, 1.18, 1.31, 1.33, 1.34, 1 .35, 

1.37, I .55,3.12,4.23,4.32,32.7,33.7, require Registered Persons to keep records and 

reports of transactions and positions in commodities for future delivery on any board of 

trade in the United States or elsewhere. Registered Persons must also keep books and 

records pertaining to such transactions (including daily trading records, customer records, 

and information concerning volume of trading) in the form and manner and for such period 

of time required by the Commission. All such books and records must be made available for 

inspection by any representative of the Commission or Department of Justice. 

b. Recordkeeping for Members of a Registered Entity. Commission Rules 1.31, 1.35 and 1.37, 

17 C.F.R. §§ 1.31, 1.35, 1.37, require Members of a Registered Entity to keep records and 

reports of transactions and positions in commodities for future delivery and options on any 

board of trade in the United States or elsewhere, as well as cash commodities. Members of a 

Registered Entity must also keep books and records pertaining to such transactions 

(including daily trading records, customer records, and information concerning volume of 

trading) in the form and manner and for such period of time required by the Commission. All 

such books and records must be made available for inspection upon request by any 

representative of the Commission or the Department of Justice. Commission Rule 1 .40, 17 

C.F.R. § 1,40 requires each Member of a Registered Entity to furnish to the Commission 

certain reports concerning crop or market information or conditions that affect or tend to affect 

the price of any commodity. 

c. Recordkeeping for Large Traders. Section 4i of the Commodity Exchange Act, 7 U.S.C. § 6i, 

and Commission Rules 1.31 and 18.05, 17 C.F.R. §§ 1.31, 18.05, require Large Traders to 

keep books and records showing, among other things, all details concerning all positions and 

transactions in the commodity, and in its products and by-products, whether executed through 

a contract for future delivery, an option contract or a cash contract, and whether such contract 

is executed through a board of trade, an exempt commercial market, an exempt board of 

trade, a foreign board of trade or an over-the-counter transaction. All such books and records, 

and pertinent information concerning the underlying positions, transactions or activities, must 

be made available for inspection in a form acceptable to the Commission upon request by any 

representative of the Commission. 

d. Investigations. Sections 6(c) and B(a) of the Commodity Exchange Act, 7 U.S. C. §§ 15, 

I 2(a), and Commission Rule 1"1 .2, 17 C.F .R. § 11.2, authorize the Commission to conduct 

investigations. In the course of any investigation or proceeding, the Commission or an officer 

designated by the Commission may administer oaths and affirmations, subpoena witnesses, 
compel their attendance, take evidence, require production of documents, and secure 

voluntary statements or submissions. 

2. PURPOSE OF SOLICITATION OF INFORMATION. The Commission's principal purpose in 

soliciting information from you is to determine whether any person has violated, is violating, or is 

about to violate the Commodity Exchange Act or the rules and regulations thereunder. In certain 

circumstances, the Commission may be obtaining information at the behest of a foreign futures 

authority under§ 12(1) of the Commodity Exchange Act, 7 U.S.C. § 16(1). 

3. EFFECT OF NOT SUPPLYING INFORMATION. 

a. Persons Directed to Provide Testimony or Produce Documents Pursuant to Subpoena. 

Disclosure of information to the Commission is mandatory, subject to the valid assertion of 

any legal right or privilege you might have. If you fail to comply with the subpoena, the 

Commission may seek a court order requiring you to do so. If the Commission obtains such 

an order and you thereafter fail to supply the information, you may be subject to civil and/or 

criminal sanctions for contempt. 

b. Persons Requested to Provide Information Voluntarily. There are no direct effects or 

sanctions for failing to provide any or all of the requested information. If you do provide 

information, however, you should note the sanctions for false statements and documents 

described above. 

c. Registered Persons. Disclosure of requested books or records is mandatory pursuant to the 

provisions listed in paragraph I.a. Failure to submit or make available for inspection the 

requested information constitutes a violation of the Commodity Exchange Act and 

Commission Regulations and may result in any or all of the following under Sections 6c or 

6(c) of the Commodity Exchange Act, 7 U.S.C. §§ 13a-l, 9: 

1) Institution of an action by the Commission to enjoin such a violation or enforce 

compliance; 

2) Upon proper showing, granting of a temporary or permanent injunction or 

restraining order without bond; 

3) Upon application by the Commission, issuance of writs of mandamus or orders offering 

like relief commanding compliance with the Commodity Exchange Act; 

4) Imposition of a civil penalty of not more than $110,000 for each violation or such higher 

inflation adjusted amount as provided by Regulation 143.8, 17 C.P.R. § 143.8; 

5) At the request of Commission, institution of an action by the Attorney General; 

6) Prohibition of trading on or subject to the rules of a contract market; 

7) Suspension or revocation of registration with the Commission; 

8) Required payment of restitution to customers for damages proximately caused by 

violations; 
9) Entry of a cease and desist order; 

10) Imposition of a restraining order prohibiting you from destroying, altering or disposing of, 

or refusing to allow authorized representatives of the Commission to inspect, when and 

as requested, such books, records or other documents; and 

11) Imposition of a restraining order prohibiting you from withdrawing, transferring, 

removing, dissipating or disposing of any funds, assets or other property. 

4. ROUTINE USES OF INFORMATION. The Commission often makes its files available to other 

governmental agencies, particularly United States Attorneys and state prosecutors. There is a 

likelihood that information supplied by you will be made available to such agencies where 

appropriate. Whether or not the Commission makes its files available to other governmental 

agencies is, in general, a confidential matter between the Commission and such other 

government agencies. Information which you provide may be used in the routine operation of the 

Commission, which includes law enforcement; review of legislative and regulatory proposals, 

regulation of the commodity futures markets, and review of reports and documents filed with the 

Commission. 

Specific routine uses include the following: 2 

a. Information may be used by the Commission in any administrative proceeding before the 

Commission, in any injunctive action authorized under the Commodity Exchange Act or in any 

other action or proceeding in which the Commission or its staff participates as a party or the 

Commission participates as amicus curiae. 

b. Information may be disclosed to the Department of Justice, the Securities and Exchange 

Commission, the United States Postal Service, the Internal Revenue Service, the Department 

of Agriculture, the Office of Personnel Management, and to other Federal, state, local, 

territorial or tribal law enforcement or regulatory agencies for use in meeting their statutory and 

regulatory requirements. 

c. Information may be given to any "registered entity," as defined in section 1 a of the Commodity 

Exchange Act, 7 U.S.C. 1, et seq. ("the Act"), if the Commission has reason to believe that 

such information will assist the registered entity in carrying out its responsibilities under the 

Act. Information may also be given to any registered futures association registered under 

section 17 of the Act (e.g., the National Futures Association) to assist it in carrying out its selfregulatory responsibilities under the Act, and to any national securities exchange or national 

securities association registered with the Securities and Exchange Commission to assist those 

organizations in carrying out their self-regulatory responsibilities under the Securities 

Exchange Act of 1934, 15 U.S.C. 78a, et seq. 

d. At the discretion of the Commission staff, information may be given or shown to anyone during 

the course of a Commission investigation if the staff has reason to believe that the person to 

whom it is disclosed may have further information about the matters discussed therein, and 

those matters appear relevant to the subject of the investigation. 

e. Information may be included in a public report issued by the Commission following an 

investigation, to the extent that this is authorized under section 8 of the Commodity Exchange 

Act, 7 U.S.C. 12. Section 8 authorizes publication of such reports but contains restrictions on 

the publication of certain types of sensitive business information developed during an 

investigation. In certain contexts, some of this information might be considered personal in 

nature. 

See CFTC compilation of System of Record Notices, including routine uses, at 76 Fed. Reg. 5974 (Feb. 2, 2011), 2 
I. Information may be disclosed to a Federal agency in response to its request in connection with 

the hiring or retention of an employee, the issuance of a security clearance, the reporting of an 

investigation of an employee, the letting of a contract or the issuance of a license, or a grant or 

other benefit by the requesting agency, to the extent that the information may be relevant to 

the requesting agency's decision on the matter. 

g. Information may be disclosed to a prospective employer in response to its request in 

connection with the hiring or retention of an employee, to the extent that the information is 

believed to be relevant to the prospective employer's decision in the matter. 

h. Information may be disclosed to any person, pursuant to Section 12(a) of the Commodity 

Exchange Act, 7 U.S.C. 16(a), when disclosure will further the policies of that Act or of other 

provisions of law. Section 12(a) authorizes the Commission to cooperate with various other 

government authorities or with "any person." 

i. Where information, either alone or in conjunction with other information indicates a violation or 

potential violation of law-criminal, civil, or regulatory in nature-the relevant information may 

be disclosed to the appropriate Federal, state, local, territorial, tribal, or foreign law 

enforcement authority or other appropriate entity charged with the responsibility for 

investigating or prosecuting such violation or charged with enforcing or implementing such 

law. 

j. Information may be disclosed to the General Services Administration for the purpose of 

records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906. 

k. Information may be disclosed to the National Archives and Records Administration for the 

purpose of records management inspections being conducted under the authority of 44 U.S.C. 

2904 and 2906. 

I. Information may be disclosed to foreign law enforcement, investigatory, or administrative 

authorities in order to comply with requirements set forth in international arrangements, such 

as memoranda of understanding. 

m. Information may be disclosed to contractors, grantees, volunteers, experts, students, and 

others performing or working on a contract, service, grant, cooperative agreement, or job for 

the Federal government when necessary to accomplish an agency function. 

n. Information may be disclosed to the Merit Systems Protection Board, including the Office of 

Special Counsel for the purpose of litigation, including administrative proceedings, appeals, 

special studies of the civil service and other merit systems. 

o. Information may be disclosed to the Department of Justice or in a proceeding before a court, 

adjudicative body, or other administrative body which the agency is authorized to appear, 

when: 

i. the agency, or any component thereof; or 

ii. any employee of the agency in his or her official capacity; or 

iii. any employee of the agency in his or her official capacity where the Department of 

Justice or the agency has agreed to represent the employee; or 

iv. the United States, when the agency determines that litigation is likely to affect the 

agency or any of its components; 

is a party to litigation or has an interest in such litigation, and the use of such records by the 

Department of Justice or the agency is deemed by the agency to be relevant and necessary to 

the litigation provided, however, that in each case it has been determined that the disclosure is 

compatible with the purpose for which the records were collected. 

p. Information may be disclosed to a Member of Congress or staff acting upon the Member's 

behalf when the Member or staff requests the information on behalf of, or at the request of, the 

individual who is the subject of the record. 
q. Information related to any traders or the amount or quantity of any commodity purchased or 

sold by such traders may be disclosed to any committee of either House of Congress upon its 

request, acting within the scope of its jurisdiction, pursuant to the Commodity Exchange Act, 7 

U.S.C. I et seq., including Section B(e) of such Act at 7 U.S.C. 12, and the rules and 

regulations promulgated thereunder. 

r. Information may be disclosed to another Federal agency, to a court, or a party in litigation 

before a court or in an administrative proceeding being conducted by a Federal agency, when 

the Government is a party to the judicial or administrative proceeding. 

s. Information may be disclosed to appropriate agencies, entities, and individuals when: 

i. the Commission suspects or has confirmed that the security or confidentiality of 

information in the system of records has been compromised; 

ii. the Commission has determined that as a result of the suspected or confirmed 

compromise there is a risk of harm to economic or property interests, identity theft or 

fraud, or harm to the security or integrity of this system or other systems or programs 

(whether maintained by the Commission or another agency or entity) that rely upon the 

compromised information; and 

iii. the disclosure made to such agencies, entities, and individuals is reasonably necessary 

to assist in connection with the Commission's efforts to respond to the suspected or 

confirmed compromise and prevent, minimize, or remedy such harm. 

FREEDOM OF INFORMATION ACT 

The Freedom of Information Act, 5 U.S.C. § 552, ("FOIA") and the Commission's rules pursuant thereto, 

17 C.F.R. Part 145, generally provide for disclosure of information to the public, unless information falls 

within a specified exemption. Commission Rule 145.9, 17 C.F.R. § 145.9, establishes the procedure by 

which you may request that certain sensitive information not be disclosed pursuant to a FOIA request. 

INFORMAL PROCEDURE RELATING TO THE 

RECOMMENDATION OF ENFORCEMENT PROCEEDINGS 

As a result of facts gathered in an investigation, the Division of Enforcement may decide to propose an 

enforcement action against one or more individuals. Under the Informal Procedure Relating to the 

Recommendation of Enforcement Proceedings,3 the Division of Enforcement, in its discretion, may inform 

persons to be named in such actions of the nature of the allegations pertaining to them. The Division may 

also, in its discretion, advise such persons that they may submit a written statement before the 

consideration by the Commission of any staff recommendation for the commencement of the proceeding. 

Unless otherwise provided, such written statements must be submitted within 14 days after persons are 

informed by the Division of Enforcement of the nature of the allegations pertaining to them. 

SMALL BUSINESS REGULATORY AND ENFORCEMENT FAIRNESS ACT 

Your comments are important. If you wish to comment on the enforcement or regulatory actions of the 

Commodity Futures Trading Commission, please call the Small Business Liaison in the Office of General 

Counsel at (202) 4"18-5120. You may also wish to contact the Small Business and Agriculture Regulatory 

Enforcement Ombudsman, or one of the 1 O Regional Fairness Boards, which were established by the 

3 The Informal Procedure has been adopted as Appendix A to Part 11 of the Commission's Regulations. 17 C.F.R. Part 11 

Appendix A Appendix A more fully sets forth the substantive and procedural provisions of the Informal Procedure. 
Small Business Regulatory and Enforcement Fairness Act. The Ombudsman and Boards receive 

comments from small businesses about federal agency enforcement actions. The Ombudsman will 

annually evaluate the enforcement activities and rate each agency's responsiveness to small business. If 

you wish to contact the Ombudsman to comment on the enforcement actions of the CFTC, please call1-

888-REG-FAIR (1-888-7343247). 
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You have successfully uploaded the following I file: 

Kraken Complaint .pdf 
In October 2016, I opened an online cryptocurrency account with Kraken Bitcoin Exchange. rve been 

buying cryptocurrencies ever now and then up until June 2017. I had no issues or concerns when I 

transferred money to the account in the past. 

b)(6) (b)(7)(C) 

(b)(6) (b)(7)(C) 

5 On July 3, I contacted Kraken customer support and reported tha~t,!th~e"'(!o;bl'!/(:!,I9----1!h2;a~d'-inot been transferred to 

my bank account. The re uest number for this trouble ticket was b)(Bl (bJ(7J(CJ On July 5, a person 

name ~!)~Lr, mailed me )~!)~Lr, is with Kraken's Client Engagement Team. 

(b)(Bl told me in her email that Kraken was unable to verify my bank account number so the (b)(Bl /h1/71W.1 • , • /h1/71W.1 

was credited back to my Kraken account. I checked my Kraken account balance to see if the )~l)~lrri had 

been credited back to my Kraken account, and it hadn't. 

On July 7, I emailed Kraken customer support to ask them about the status of the ~l/~lrr:i from the June 

2017 wire transfer and the ~l/~lw. from the May 2017 wire transfer. No one responded to my request as of 

July 14, 2017, so I contacted Kraken again on Jul 14, 2017. I also checked the balance of my Kraken and 

personal bank accounts on July 14, 2017. The )~!)~Lr, hasn't been credited back to my Kraken account. 

On July 5, 2017, )~!)~Irr, 'rom the Kraken Client Engagement Team contacted me and stated the b)(Bl 

was returned due to Kraken inability to verify my bank account information. In the same email,)~l)~lrr, 

asked me to check my bank account information associated with my Kraken account. 

I attempted to verify my bank account information linked to my Kraken account, but I was unable to do so 

on the Kraken website. I askedl\~/\~/,~, Ito provide me with information on how to verify the bank 

information. As of October 14, 2017, no one has contacted me to assist me with the verification. 

On July 28, 2017 )~!)~Lr, from the Kraken Client Engagement Team contacted and advised that the 

)~l)~lrri ould be credited back to my Kraken account no later than the beginning of the week of July 30 

thru August 5. As of October 2017, Kraken has not credited thel\~1\~Lc, lback to my Kraken account nor 

has Kraken moved the money to my bank account. 

I also havd(b)(Bl (bl(7

l(CJ kash balance in the Kraken account that I want to transfer out of the Kraken 

account, but I'm afraid to because of the unresolved issue involving the /~l/~lw.i 

On May 19, 2017, I wired ~!)~Ir from my bank account to my Kraken account so that I could purchase 

some cryptocurrency. I got concerned when the transaction was still pending on June 1, 2017, because the 

~!)~Irr ad been debited from my personal bank account. 

At that time, I contacted Kraken customer support. I told customer support that the transaction was 

pending according to my Kraken account. I said that I might have made a mistake or something. 

On June 7, 2017, Charla from the Kraken Client Engagement Team contacted me via email. She asked 

me to send proof that I wired )~!)~!w. ·rom my personal bank account to my Kraken account. I had to contact 

I 
my bank to obtain the details of the )~!)~!w. wire transfer because I was unable to do so by logging into my 

bank account. 

On June 23, I emailed Kraken Customer Support a screenshot of the ~!)~!rr ire transfer made from my 

personal bank account to my Kraken account. 

The)~])~], has not been deposited into my Kraken account as of October 14, 2017. The )~])~l,r as not been 

credited back to my personal bank account as of October 14, 2017. No one has answered to my request 

since /~!/~!w.i responded on June 7, 2017. 

On August 4, 2017, I filed a complaint with the Better Business Bureau in the San Francisco, California 

area. On August 24, 2017, the agency contacted me and advised that Kraken didn't respond to the 

complaint. 

The Better Business Bureau suggested I contact the attorney general's oftice. Sometime during August 

2017, I filed a complaint with the California Attorney General's Office. 

On September l, 2017, ~l/~lrr:i ·ontacted me via email to inform me that the attorney general's office 

advised tiling a complaint with your agency. 

548 Market St# 39656 

San Francisco, CA 94104 

us 

+1-800-276-6048 

https ://www.kraken.com/ 

support@kraken.com 
State of \Visconsin 

Governor Scott Walker ---------··· 

Department of Agriculture, Trade and Consnmer Protection 

October 25. 2017 

b)(6) (b)(7)(C) 

RE: File )~l)~L,..., Refer to this number when contacting our agency) 

Kraken Bitcoin Exchange 

548 Market St Ste 39656 

San Francisco CA 94104-5401 

Oearj{bJ(6) (b)(7)(C) I 

Thank you for submitting your complaint about Kraken Bitcoin Exchange. 

The laws dealing with this issue are enforced by the agency listed below, so we are forwarding 

your complaint directly to them 

Commodity Futures Trading Commission 

Three Lafayette Centre 

1155 21st Street, NW 

Washington, DC 20581 

Phone: 202-418-5000 

You may contact them directly for information about your complaint. 

Sincerely, 

Chris Olsen 

Consumer Protection Investigator 

Mediation Unit 

Bureau of Consumer Protection 

Email: Christopher.Olsen@wisconsin.gov 

C. Commodity Futures Trade Commission 

Agricultllre generates $88 billion for Wisconsin 

2811 Agriculture Drive • PO Box 89 I 1 • Madison. WI 53708-891 l • Wisconsin.gov 

An equal opportunity t.:mployt.:r 
General Consumer Complaint 

Your Information 

Salutation 

First Name 

Last Name 

Address Line I 

City 

State 

Zip 

Home Phone 

(b)(6) (b)(7)(C) 

Phone me between 8-4 at Home 

Best time to call any 

Information about the person or business your complaint is against: 

Business Name Krak.en Bitcoin Exchange 

Address Line I 548 Market St Ste 39656 

City San Francisco 

State CA 

Zip 94104-5401 

San Francisco 

Business Phone (650)434-2889 

Email support@kraken.com 

Website www.krak.en.com 

rb)(6) (b)(7)(C) Name ofthe person you talked to 

Title of the person you talked to Kraken Client Engagement 

Your Complaint 

Beginning August 17, 2017, because I switched ISPs, I found that the e-mail address with which I had signed 

at kraken.com was no longer functional. In order to change the e-mail address associated with my Kraken 

account, their system requires entering two different codes, one sent to the 'current' address and one sent to tht 

address to which you would like to switch. The 'current' address associated with my Kraken account cannot 

receive e-mails, and K.rak.en knows this. Yet after almost two dozen back-and-forth e-mail exchanges (using o 

of my alternative, functional addresses) over more than two months, they have done nothing. Of the original 

Kraken Su ort Re uests concern.in this matter (bl(6l (bl(7J(CJ only Support Request 

(bl(6l (bl(7J(CJ rema.ms open. Kraken appears to have 'consolidatec 

my Support Requests, but nothing substantive has been done about the underlying issue. The unpublished pho 

number I found for Krak.en is a very sketchy Google Voice account with no live response, only an outgoing 

message. I have not yet tried snail-mailing the physical address I found in my Web search. Kraken has 

effectively frozen my account. I cannot move m funds currently held hostage at Kraken without e-mail 

verification. (Public Account ID: (bl(5l (bl(7J(CJ I cannot verify via e-mail if they persist in tryin 

to send to a non-existent address. e searc reveals that Krak.en customer service has a very poor 

reputation: 
https://www.reddit.com/r/BitcoinMarkets/comments/64c6 l 0/how_ to _get_kraken _customer_ service _to _respo 

That reddit thread leads to what sounds like a potentially promising solution: 

https://www.reddit.com/r/KrakenSupport/submit?selftext=true But this is what the text there says: "We will b, 

filtering (and not responding to) all posts and comments in the r/krakensupport subreddit until further notice. 11 

They instead urge customers to go to: https://goo.gl/forms/2VolutBY6HBGJRRA3 I did so (see attached 

screenshot). 

Information About Your Complaint 

Details about the Incident 

Which ofthe following best describes your first 

contact with the business?* 

If other, describe the other method ofcontact. 

If printed ad, when was it printed? 

Ifprinted ad, where was it printed? 

When did the first contact occur? 

How old is the person who had contact with the 

business? 

What product or service did you buy? 

Was it advertised? 

Date advertised? 

Where advertised? 

Did you sign a contract / agreement? 

Date Contract Signed 

Number on Contract, Policy or Receipt 

Where were you when you signed the contract? 

Payment Information 

Amount Paid 

Payment Method 

Description of Payment Method (if "Other") 

Where did you pay the business? 

Description of Payment Location 

Interactions with the Business 

Did you contact the business about your complaint? 

When did you contact the business? 

What happened when you contacted the business? 

Internet 

07/23/2017 

(b)(6) 

/h1/71/(;1 

cryptocurrency exchange services 

No 

Yes 

07/23/2017 

Public Account ID~jtb_l(_61_(b_l(_7l_(c_1 

_____~ 

home 

(b)(6) 

/h1/71/(;1 

Money Transfer (wired/online) 

Other 

bank wire transfer 

Yes 

0$/17/2017 

I received more than a dozen automated or humangenerated-yet-scripted e-mail replies to my Support 

Requests, either threatening to close (automated 

threatened this) or asking me to retrace all the details 

ofmy issue. Because Kraken1s 'responses' to original 

Support Request l/~~/~Lc, lwere to my dead e-mail 

address, I wasn't able to read what they were saying. 

Eventually, I thought to search their Support site after 

logging in and discovered on Sept. 4 they had been 

' ct· ' t # (b)(6) respon mg o 1h1111w.1 
Resolution Information 

Have you filed this complaint with another agency? 

Agency name 

What happened when you contacted the other agency? 

Have you contacted a private attorney? 

Have you started court action? 

How do you feel this complaint should be resolved?* 

No 

No 

No 

Kraken needs to make my funds available to me, and 

the easiest way for them to do this is to change my 

'current' e-mail address from.,l(_bl'-(6_1(_blc.(',..:l(~c1___~__J 

tofbl(6l (bl(7J(CJ II have asked them countless 

times to do this, and in Andy's final response on Sept. 

11 to Support Request )~l)~L,..., he wrote: "We 

requested to initiate email delivery change in your 

Kraken account in order to have documented it in our 

system." "Now I am passing this case to our email 

·1 ddr , thi (b)(6) chan e team. Ema1 a ess 1or s account rh,mrr, 

(bl(5l (bl(7J(CJ will be changed to 

(bJ(6J (bl(7J(CJ But nothing has happened, a 

month and a half later. 
(b)(6) Request rhimrr:1 

never received your e-mail confirming my entry 

of cryptocurrency withdrawal address 

• 

Kraken User August 17, 2017 21:40 

Because my Ledger Nano S will not work on this Linux machine, I had to become specially 

equipped on a new Windows machine. This entails much switching back and forth between 

machines for me to try to get anything done with your withdrawal address confirmation process. 

Regardless of all of that, your promised confirmation e-mail never arrived. I see it listed at the 

top of the history log forfbl(5l (bl(7J(CJ I 

Date Description 

08/17/201719:33 -0500 Received Message from noreply@kraken.com 

08/0412017 18:02 -0500 Received Message from noreply@kraken,com 

08/02/2017 23:21 -0500 Received Message from noreply@kraken.com 

08/01/2017 08:19 -0500 Received Message from noreply@email.kraken,com 

07/28/201715:15 -0500 Received Message from noreply@email.kraken.com 

07/24/201714:38 -0500 Received Message from noreply@kraken.com 

07/23/201714:33-0500 Received Message from noreply@kraken.com 

07/23/2017 14:01-0500 Received Message from noreply@kraken.com 

07/23/201713:59 -0500 Received Message from noreply@kraken.com 

I have since sent a test message to myself to verify that the e-mail address is working and valid. 

What am I supposed to do if I don't have your e-mail? 

• 

i~lm(C ugust 18, 2017 09:51 

Hi there, 

I'm going to send this to a specialist to diagnose any potential issues on our end. We'll be in 

touch with an update as soon as possible. 
Best, 

(b)(6) 

/h1/71W. 

Kraken Client Engagement 

Remember to secure your account with two-factor authentication . 

• 

(b)(6) ugust 22,2017 09:09 fh\f7\fr\ 

Hi, 

I'm )~!)~Lr from Kraken Client Engagement team. Thank you for reaching out! 

Email delivery works fine from our side and we receive successful confirmation from your 

email server. Please address the issue to your email provider and check your SPAM folder. 

Please, !el us know if there's anything else we can assist you with. And have a good day! 

Regards, 

(b)(6) 

/h1/71/r1 

Kraken Client Engagement 

Remember to secure your account with two-factor for login. 

Kraken User September 04, 2017 21:27 

I cannot "address the issue to [my] email provider" because Gmail has no customer service, 

whatsoever, and au.net has only a sham standing in for phone-based customer service that never 

resolves anything (believe me, I tried, wasting hours on the phone with them regarding just this 

sort of issue), and there's nothing in any SPAM folder anywhere. I never received your Aug. 22 

response or any sort of automated confirmation of my Requestl/~~m/Cl le-mailed to~ 

l(bl(6l (bl(7J(CJ land only today did I think to bang around Kraken's supp011 system to see if 

any record of my original complaint existed. 

In other words, do NOT send anything rnl(b)(Bl (bl(7J(CJ lif you expect me to be able 

to read what you are writing. Stop it! 

Instead, send to b)(Bl (bl(7J(CJ (I 

prefer the latter.) Those are your options. The address (b)(Bl (bl(7J(CJ is a dead end. 
So, no, e-mail delivery does NOT work fine from your sidc... espccially not as I see bounces 

were recorded iri the Spamex.com log for m,my of your 'send' attempts to )~l)~L,..., 

l(b)(Bl (bl(7J(C) !That docs not coristitutc "working firie" from anybody's realistic, infmmed 

perspective. 

What I'd like to know is, how can you assume I received your response? It riever came through 

to me via fbl(6l (bl(7J(CJ Ithe address originally associated with my Kraken account at 

time of signup. I had to search like crazy to find what you wrote here. 

This is just nuts ... your system's two-address confirmation method for changing the address is 

tantamourit to killing my account. I can't do ariything at I<raken without the ability to receive 

confirmatiori e-mails. 

FIX THIS . 

• 

/~l/~lrr:i September 07, 2017 OS:OG 

Hi (b)(6) 

/h1/71/ 

Please choose one email address and initiate an email change in your Kraken account. ln case 

you do not receive a confirmation email, please write us back. 

Tharik you for your patience. And have a good day! 

Regards, 

(b)(6) 

(b)(7)(C) 

Kraken Client Engagement 

Remember to sernre your accn11n1 with two-L:ictor for login. 

Kraken User September 09, 2017 02:0 

I did. And I didn't. 

As has been the case the entire time (since Aug. 17, the date of this support request) during 

which I've been trying to get Kraken to address the problem, I initiated an e-mail change and l 

didn't receive the message that goes to the old address. BECAUSE THE OLD ADDRESS 

EFFECTIVELY NO LONGER EXISTS. I don't know how 1mmy ways to say what should be 

perfectly obvious, by this point, because I have said it countless times iri countless suppmt 
requests. 

I did what you said. Again. As I've done before, many times. Nothing is the result as regards the 

two-address confirmation process, because the "current e-mail address" simply does not exist 

anywhere but in Kraken's fuck.in' imagination. 

The codes sent tol(bl(5l (bl(7J(CJ i{below) are useless to me, because you also require the 

irnpossible ... that the "current e-mail address." ~(bl(6l (bl(7J(CJ ~ rise from the dead and 

be able to receive the other code. 

---Original Message ---

Subject: Kraken Alert: E-mail update request 

Locai Time: September 9, 20171:S0AM 

UTC Time: September 9, 2017 6:50 AM 

From: (b)(6) (b)(7)(C) 

To: b)(6) (b)(7)(C) 

Hi, 

A request has been made to change the email addresss associated with your Kraken account. 

If this is what you want to do, please log into your account and enter this confinnation code: 

fb)(6) (b)(7)(C) 

You must also enter the authorization code sent to your old e-mail address. 

The IP recorded for this action wasi(bl(6l (bJ(7J(CJ 

If you didn"t request this action, your account may be compromised and you should do the 

following: 

1) log into htt,ps://www.kraken.com immediately and change your account password; 

2) create a new set of two-factor authentications; 

3) create a support ticket letting our support staff know about the incident: 

htms://support.kraken,com 

Thanks, 

The Kraken Team 

--- Original Message ----

Subject: Kraken Alert: E-mail update request 

Locai Time: August 28, 2017 3:11 PM 

UTC Time: August 28, 2017 8:11 PM 

From: noreply@kraken.com 

To~(bl(BI (bl(71(CI I 

Hi, 
A request has been made to change the email addresss associated with your Kraken account. 

If this is what you want to do, please log into your account and enter this confirmation code; 

l(b)(6) (b)(7)(C) 

You must also enter the authorization code sent to your old e-mail address. 

The IP recorded for this action wasl(bl(6l (bJ(7J(CJ 

If you didn"t request this action, your account may be compromised and you should do the 

following: 

1) log into htt.Ps://www,kraken,com immediately and change your account password; 

2) create a new set of two-factor authentications; 

3) create a support ticket letting our support staff know about the incident: 

htt;ps://support.kraken.com 

Thanks, 

The Kraken Team 

--- Original Message -----

Subject: Kraken Alert: E-mail update request 

Local Time: August 23, 2017 8:47 PM 

UTC Time: August 24, 2017 1:47 AM 

From: noreply@kraken.com 

To:fbl(Bl (bJ(7J(CJ I 

Hi, 

A request has been made to change the email addresss associated with your Kraken account. 

If this is what you want to do, please log into your account and enter this confirmation code: 

l(b)(6) (b)(7)(C) 

You must also enter the authorization code sent to your old e-mail address. 

The IP recorded for this action was fbl(6l (bl(7J(CJ 

If you didn"t request this action, your account may be compromised and you should do the 

following: 

1) log into https://www.kraken.com immediately and change your account password; 

2) create a new set of two-factor authentications; 

3) create a support ticket letting our support staff know about the incident: 

https://support,kraken,com 

Thanks, 

The Kraken Team 
-------- Original Message--------

Subject: Kraken Alert: E-mail update request 

Local Time: August 23, 2017 8:22 PM 

UTC Time: August 24, 2017 1 :22 AM 

From: noreply@kraken.com 

To: j(bJ(6) (b)(7)(C) 

Hi, 

A request has been made to change the email addresss associated with your Kraken account. 

If this is what you want to do, please log into your account and enter this confirmation code: 

rb)(6) (b)(7)(C) 

You must also enter the authorization code sent to your old e-mail address. 

The IP recorded for this action was fbl(Bl (bl(7J(CJ 

If you didn"t request this action, your account may be compromised and you should do the 

following: 

1) log into https://www.kraken.com immediately and change your account password; 

2) create a new set of two-factor authentications; 

3) create a suppon ticket letting our support staff know about the incident: 

https://support. kraken.com 

Thanks, 

The Kraken T earn 

• 

Thank you for the message. We requested to initiate email delivery change in your Kraken 

account in order to have documented it in our system. 

Now I am passing this case to our email change team. Email address for this accouml/~~/~Lci I 

fbl(Bl (bJ(7J(CJ lwill be changed col(bJ(6J (bJ(7J(CJ I 

Thank you for your patience. And have a good day! 

Regards, 

(b)(6) 

/h1/71/f". 

Kraken Client Engagement 
Remember to secure your account with two-factor for login, 

• 

Ljtb_l(_61_(b-l(_7l_(c_i__~lseptember 11, 201713:12 

Thank you! 

(And when this fix actually goes through, we can consider Requestt~~)~~w.i jand related 

Request #~bl(5l (bl(7l(CJ las closed ... not yet, though.) 

Sent from bJ(5l (bl(7J(CJ 

> --- Original Message ------

> Subject: [Kraken Support] Update: never received your e-mail confirming my entry of 

cryptocurrency withdrawal address 

> Local Time: September 11, 2017 2:14 PM 

> UTC Time: September 11, 2017 2:14 PM 

> From: SYPPOrt@kraken.com 

> To: Brek Renzelman Lfb_l(B_l_(b_l(_71_(c_1___~ 

• 

Kraken User September 24, 2017 21:27 

It's been two weeks since "requested to initiate email delivery change in your Kraken account" 

and "passing this case to our email change team." How much longer is this process going to 

take? Nothing that I can see has changed . 

• 

Kraken User October 06, 2017 22:02 

It's been nearly two months since I alerted you folks to the problem. You still have not removed 

the dead e-mail address originally associated. with my account. I am done. You will be hearing 

from my lawyer. 
(b)(6) oday al 15:12 /h1/71ff'.1 

Hi, 

I realize this seems to be an incredibly long wait and you're anxious to get back to trading but 

whenever there is an email change request in which the account holder is unable to complete on 

his/her own, the process can be lengthy. 

You have completed the requirements and now please exercise patience while our Program 

manager reviews and exchanges your information to your new email. You are in the queue and 

this may take a considerable amount of time. Since you have access to your account I 

recommend securing your account with a)~])~], for trading so no funds can be removed without 

your consent. As soon as it is complete you will be notified of the change. Thank you for 

understanding. 

Best regards, 

b)(6) 

h1/71/(;1 

Kraken Cliem Engagement 
Departrn,•nt ul' .-\gl'icultun·. 

~·.,-:u!e and Co11,11111<•r l'roleclion 

2811 Ae,nculluru Qr,,,.; 

PO 60, &J11 

l.lad,so,, ',','I 537C2,cl'!l 1 

• 

.,.'· 

~,. 

-10. 

,,i 

·::_ 

1• 1··1• 11111•l1 111l1·1'll1'l1··ll,llllllll1ll11lll[ll,,,,,,,,11'1 
nGi U.S. Securities and Exchange Commission 

1, , f TCR Summary - TC-680313 

~.!I("'"'\".-

l(b)(6) (b)(7)(C) 

Submitted By: GENERAL PUBLIC 

Subject Type: Firm 

Product Type: Other 

Allegation Category: Other 

Nature of Complaint: Manipulation 

TCR Source ID: 

TCR Source: 

Allegation Information: 

Kraken bitcoin exchange, kraken.com, kraken San Francisco .They manipulate the exchange 

prices of online currency called bitcoin to usd. They also do insider trading activities to change 

and manipulate of the price. they call them exchange but they also do margin trading and leverage 

by using USD. They block customers to access their website by closing their server access to 

specific users when users are shorting or going long with their margin account. Since customers 

can not access their accounts to dose their positions, they loose money and Kraken exchange 

makes money by blocking customer access and liquidate customer positions. 

Questionnaire: 

Tell us about your complaint 

Please select the option that best describes your complaint 

Manipulation of a security 

Please select the specific category that best describes your complaint 

Other 

Please provide more information: 

Kraken Bitcoin Exchange 

Provide additional details about your complaint: 

Kraken bitcoin exchange, kraken.com, kraken San Francisco .They manipulate the 

exchange prices of online currency called bitcoin to usd. They also do insider trading 

activities to change and manipulate of the price. they call them exchange but they also do 

margin trading and leverage by using USD. They block customers to access their website by 

closing their server access to specific users when users are shorting or going long with their 

margin account. Since customers can not access their accounts to close their positions, they 

loose money and Kraken exchange makes money by blocking customer access and liquidate 

customer positions. 

Page 1 of 4 
ria, U.S. Securities and Exchange Commission \-,, ,·-, ~ J TCR Summary - b)(Bl (bl(7l(CJ 

~.!I("'"'\".-

Are you having or have you had ditliculty in getting access to your funds or securities? 

Yes 

Did you suffer a loss? 

Yes 

Enter amount of loss to nearest dollar without characters (e.g., 15000, not $15,000.00): 

b)(6) 

bl(7)/Cl 

When did you become aware of the alleged conduct? (mm/dd/yyyy) 

11/18/2017 

When did the alleged conduct begin? (mm/dd/yyyy) 

09/10/2017 

Is the alleged conduct ongoing? 

Yes 

Has the individual or firm acknowledged the alleged conduct? 

Unknown 

What is the source of your information? You may select more than one 

Account Statements 

Conversations 

Social media (e.g., Facebook, Twitter, biogs, chat rooms, and electronic communities of 

interest) 

Have you taken any action regarding your complaint? You may select more than one 

None 

Resolution checklist 

Who are you complaining about? 

Are you complaining about an individual or a firm? 

Firm 

Select the title that best describes the individual or firm that you are complaining about: 

Exchange 

If you are complaining about an entity or individual that has custody or control of your 

investments, have you had difficulty contacting that entity or individual? 

Yes 

Firm Name: 

Page 2 of 4 
ria, U.S. Securities and Exchange Commission \-,, ,·-, ~ J TCR Summary -rb)(B) (b)(7)(C) I 

~.!I("'"'\".-

Kraken 

Telephone: 

Website: 

https://www.kraken.com/ 

Identifier Type: 

Unknown 

Are you or were you associated with the individual or firm when the alleged conduct occurred? 

Unknown 

How are you or were you associated with the individual or firm you are complaining about? 

I was a customer and I lost money. My friends and other people online had the same 

experience with this company Kraken exchange. They do not share their business address 

with their customers. 

Resolution checklist 

Products involved 

Select the type of product involved in your complaint: 

Other 

Please select the category that best describes your security product: 

Other 

For other, please provide more information: 

Bitcoin and cryptocurrency 

Enter the security/ticker symbol if known: 

XBT 

Enter the product name(s): 

Bitcoin 

About you 

*Are you submitting this tip, complaint or referral pursuant to the SEC's whistleblower 

program? 

No 

*Are you submitting this tip, complaint or referral anonymously? Being able to contact you for 

further information or clarification may be helpful. 

Yes 

Page 3 of 4 
ria, U.S. Securities and Exchange Commission \-,, ,·-, ~ J TCR Summary -l(b)(Bl (bl(7J(CJ I 

~.!I("'"'\".-

**Are you represented by an attorney in connection with your submission? 

No 

Submitter Information 

**Last Name: 

Anonymous Userl 

Attorney Information 

(required if submitting information anonymously and seeking to be eligible for an award 

under the whistleblower program) 

Resolution checklist 

Whistleblower Declarations 

Page 4 of 4 
~ 

Bob 

~ Ferguson 

ATTORNEY GENERAL OF WASHINGTON 

800 Fifth Avenue, Suite 2000• Seattle, WA 98104-3188• (206) 464-6684 

July I 0, 2020 

US Commodity Futures Trading Commission/CFTC 

Three Lafayette Centre 

1155 21st St NW 

Washington, DC 20581 

RE: Payward Ventures Inc dba Kraken 

File#: \~1\~L"' 

Dear US Commodity Futures Trading Commission/CFTC: 

Enclosed, please find information our office received as a consumer complaint. We are 

processing it through our Informal Complaint Resolution (ICR) service. We are forwarding you a 

copy for your information because it may include information of interest to your agency. 

Ifyou have questions about this complaint, please contact the Consumer Resource Center by 

email at CRC@ATG.WA.GOV. Please include the complaint number given above on any 

correspondence to our office. 

Sincerely, 

CHRISTOPHER KIEFER 

Consumer Protection Specialist 

Consumer Protection Division 

1-800-551-4636 for in-state callers 

l-206-464-6684 for out-of-state callers 

Enclosure(s) 
COMPLAINT SUMMARY 

Consumer Information 

Name: 

rb)(6) (b)(7)(C) 

Address: 

rb)(6) (b)(7)(C) 

Da Phone: 

(b)(6) (b)(7)(C) 

Evening Phone: 

E-mail Address: 

rb)(6) (b)(7)(C) 

Age Group (optional): 

Not Specified 

Are you a member or former member of the U.S. Armed Forces, Guard, Reserves or a 

dependent? (optional): 

No 

IfEnglish is not your first language, what is your first language? 

Do you want the Attorney General's Office to send this business a copy of your 

complaint? 

Yes 

Business Information 

Name of business that I am complaining about: 

Payward Ventures Inc dba Kraken 

Address: 

237 Kearny St #102 

San Francisco, CA 94I08 

Phone: 

Email: 

Names and contact information of any other businesses involved in your complaint: 

About Your Complaint 

Amount in Dispute: 

Transaction Date: 
Explain your complaint in detail: 

Company is soliciting and collecting user details even though they do not offer service my area 

(Washington state). 

1 was misled into providing my name and contact infonnation, social security number, bank 

balance and account numbers, and high resolution scans ofmy drivers license. 

Company has refused my request to delete the user details provided. 

SIGNATURE 

I acknowledge that my complaint and attachments, once submitted, become public records and 

may be disclosed to others in response to a Public Records Request. Complaint infonnation 

received by this office will be exported into the FTC's database, Conswner Sentinel, a secure 

online database. This data is then made available to thousands of civil and criminal law 

enforcement authorities worldwide. 

I declare, under penalty of perjury under the laws of the State of Washington, that the 

infonnation contained in this complaint is true and accurate, and that any documents attached are 

true and accurate copies ofthe originals. 

I authorize the Washington State Attorney General's Office to contact the party(ies) against 

which I have filed this complaint in an effort to reach an amicable resolution. 1 authorize the 

party(ies) against which I have filed this complaint to communicate with and provide 

information related to my complaint to the Washington State Attorney General's Office. By 

selecting NO below, I acknowledge that the Attorney General's Office will not contact the party 

(ies) named in my complaint and will not attempt to facilitate resolution ofmy complaint with 

the party(ies). My complaint will be kept by the Attorney General's Office for informational 

purposes. _______ 

Signaturefbl(BI (b)(7)(CI I Date 6/30/20 

Received via the Internet 

City and State where signed Seattle, WA 
ll.1111CFTC 

COMMOO11Y FUTURES TR/\DINC COMMISSION 

COMPLAINT FORM 

UNITED ST A TES 

COMMODITY FUTURES TRADING COMMISSION 

SUBMISSION INFORMATION 

Confirmation Number 

(b)(6) (b)(7)(C) I 

Submission Received 

(b)(6) (b)(7)(C) I 

1. WHICH CATEGORY(IES) BEST DESCRIBE YOUR COMPLAINT 

□ A. Fraudulent representations that persuaded you to trade futures, options, swaps, forex, or

leveraged transactions. 

If a rate of return was promised to you, what was the rate of return? 

□ □ Annual Monthly □ Other periodic basi~ 

Were promised that the risk of loss trading futures was limited? 

□ Yes 0 No

\Vere you offered a money back guarantee? 

□ Yes 0 No

Were you told something about the experience of the person(s) trading your funds that JOU later found out was 

untrue? 

□ Yes 0 No

If yes, what were you told? 

If none of the above, describe ,vhat you were told that you now believe to be untrue. 

Are there other potential victims that you know of? Please identify. 

Did the conduct occur within the United States? 

□ Yes 0 No

If not, where did it occur? 

0 B. Some type of cheating or fraud that occurred after you had deposited funds to trade 

futures, options, swaps, forex, retail commodity, or leveraged transactions (for example, if 

someone used the funds you deposited to pay off someone else or you have asked for the return 

of your funds and have been refused). 

Have you asked for the return of your funds'! 

0 Yes □ No

To your knowledge, are there any funds remaining? 

□ Yes 0 No

If so, how much? 

Do you know the name of the futures commission merchant that processed the trades? 

0 Yes □ No

If yes, please identify. 

Confirmation Number S11bmitfed 

l(b)(6) (b)(7)(C) !{b)(6) (b)(7)(C) I 
PA YW ARD LTD KRAKEN 

Are there other potential victims that you know of? 

□ Yes 0 No

Please identify. 

Did the conduct occur within the United States? 

□ Yes 0 No

If not, where did it occur'? 

KbJ(6) (b)(7)(C) I 

□ C. Someone or some firm that should he registered under the Commodity Exchange Act, hut

is not. 

Describe the conduct that you believe requires the person or firm to be registered under the CEA. 

Did the conduct occur within the United States? 

□ Yes 0 No

If not, where did it occur'? 

□ D. Disruptive or manipulative trading activity in the futures, options or swaps markets.

What is the source of your belief that someone or some entity has engaged in either a disruptive trading practice 

or manipulative activity'? 

On what days, and if you know, what time of day, did the alleged conduct occur'? 

On what exchange or market did the activity occur'! 

What prices, if any, were affected by the alleged conduct'? 

Did the conduct occur within the United States'? 

□ Yes 0 No

If not, where did it occur? 

□ E. The trading of futures options, or swaps based upon confidential information by someone

not allowed to use such information. 

Was the confidential information held or created by the Federal Government'? 

□ Yes 0 No

If yes, which of the following apply: 

Did the Federal Government generally disseminate the information prior to the alleged trading activity'! 

□ Yes 0 No

Did a t'ederal employee or agent use the information to trade a futures contract, an options contract, or a swap'? 

□ Yes 0 No

Did a Federal employee or agent provide the confidential information to someone else that this other person 

could trade a futures contract, an options contract, or a swap'? 

□ Yes 0 No

Did someone steal the confidential information and use it to trade a futures contract, an options contract or a 

swap'? 

□ Yes 0 No

Did the confidential information belong to a person or a firm? 

□ Yes 0 No

If yes, identify that person or firm with contact information. 

S11bmitfed 

tb)(6) (b)(7)(C) Page 2 of 8 
Did the conduct occur within the United States'! 

□ Yes 0 No

If not, where did it occur? 

0 F. Complaint does not fit into any of the above-described categories. 

Please describe. 

Account opened at PA YWARD LTD KRAKEN by scurnrners to divert money to tax havens 

2. Have you suffered a monetary loss? 

0 Yes □ No

If yes, describe how much. 

(b)(6) ~hat existed in the PA YW ARD LTD KRAKEN account. fh\f7\fr\ 

3. When did the alleged conduct occur? 

Between May and September 2020 

4. Is the conduct on-going'! 

□ Yes 0 No

5. Has the individual or firm who engaged in the conduct acknm.vledged their fault'? 

□ Yes 0 No

6. Have you or anyone else taken any action against the firm or person who engaged in the alleged conduct'? 

□ Yes 0 No

If yes, select the appropriate category: 

□ Prior complaint to the CFTC

□ Complaint to another regulator

□ A state or federal criminal law enforcement entity. 

□ A legal action filed against the person or firm in a court of law. 

Additional comments based on above selection (e.g., \Vho, \Vhen, Contact, To whom made, Case Number, 

Court) 

7. Provide a brief description about what you are complaining about. 

Kraken allowed scarnrners to open an account to facilitate shipping to tax havens 

2. TELL US ABOUT THE INDIVIDUAL AND/OR FIRM YOU ARE 

COMPLAINING ABOUT 

INDIVIDUAL/FIRM 1 

1. Type 

0 Individual □ Firm

Individual/Firm Name 

l(b)(6) (b)(7)(C) I 

Title that best describes what you are complaining about 

Other 

If you are complaining about a firm or individual that has custody or control of your investments, have you had 

difficulty contacting that entity or individual? 

□ Yes 0 No □ Unknovm

2. Individual/Firm Street Address Suite/Apartment/Unit# 

3. Cih' I State/Province I ZIP/Postal Code I Countn 

(b)(6) (b)(7)(C) I 

4. Home Phone I Work Phone I ~fobile Phone I Other Number 

5. E-mail Address Website Address 

Confirmation Number S1Jbmitted 

l(b)(6) (b)(7)(C) I Page 3 of 8 l(b)(6) (b)(7)(C) I 
6. Are you or were you associated with the individual or firm when the alleged conduct occurred? 

□ Yes 0 No □ Unknovm

7. How are JOU or were JOU associated with the individual or form you are complaining about? Describe 

What was the initial form of contact between you and the person against whom you are filing this complaint'! 

Other 

If Other, please explain 

I was not aware of PA YWARD LTD KRAKEN. Some scammers opened an account, 

pretending it was me, to make deposits in the KRAKEN account and then divert 

them to tax havens. Krnkcn docs not have any international financial control and 

facilitates money, currency or cryptocurrency laundering 

INDIVIDUAL/FIRM 2 

1. Type 

□ Individual □ Firm

Individual/Firm Name 

Title that best describes what you are complaining about 

If you are complaining about a firm or individual that has custody or control of your investments, have you had 

difficult)" contacting that entit:y or individual? 

□ Yes □ □ No Unknown

2. Individual/Firm Street Address 

Payward Ventures, Inc. 217 Kearny 

Street #102 San Franci~co, CA 94108 

Suite/Apartment/Unit# 

3. CitJ 

San Francisco 

State/Province 

California 

ZIP/Postal Code 

94108 

Country 

4. Home Phone Work Phone ~fobile Phone Other Number 

5. E-mail Address 

support@kraken.com 

Website Address 

W\V\V.kraken.com 

6. Are you or were you associated with the individual or firm when the alleged conduct occurred? 

□ Yes □ □ No Unknown

7. How are JOU or were JOU associated with the individual or form you are complaining about? Describe 

I v.;as not mvare of PA YW ARD LTD KRAKEN. Some snimmers opened an account, 

pretending it was me, to make deposits in the KRAKEN account and then divert 

them to tax havens. Krnkcn docs not have any international financial control and 

facilitates money, currency or cryptocurrency laundering 

What was the initial form of contact between you and the person against whom you are filing this complaint? 

Other 

If Other, please explain 

I was not aware of PAYWARD LTD KRAKEN. Some stammers opened an account, 

pretending it v.;as me, to make depmits in the KRAKEN account and then divert 

them to tax havens. Kraken does not have any international financial control and 

facilitates money, cuJTcncy or cryptocuncncy laundering 

3. TELL US ABOUT YOU 

Are you submitting this tip, complaint or referral anonymously'! Being able to contact you for further 

information or clarification maJ be helpful 

□ Yes 0 No

SUBMITTER SECTION 1 

Title 

0 ML □ Mrs. □ M,.

First Name Middle Initial Last Name 

Confirmation Number S11hmitfed 

fbJ(6) (b)(7)(C) I Page 4 of 8 l(b)(6) (b)(7)(C) I 
b)(6) (b)(7)(C) 

Are you represented by an attorney in connection ,vith your submission? 

□ Yes 0 No

SECTION 4. TELL US ABOUT THE INSTRUMENTS INVOLVED IN 

YOUR COMPLAINT 

□ A futures contract, including a single stock futures contract, a narrow based or broad based

security future contract. 

□ An option on a futures contract, an option on a commodity, BUT NOT an option on a security

or a basket of securities. 

□ A swap, including a mixed swap BUT NOT a swap based on a single security or based on a

narrow (i.e., nine or less) index of securities. 

0 A foreign currency transaction. 

If checked, 

Are you an individual that trades or invests more than $10,000,000 on a discretionary basis? 

□ Yes 0 No

Are you an individual that trades or invests more than $5,000,000 and enters into the foreign currency 

agreement to manage the risk associated with some other asset or liability? 

□ Yes 0 No

□ A commodity transaction entered into or offered on a leveraged or margined basis, or

financed by the offeror, the counterparty, or someone acting in concert with the offeror or 

counterparty. 

If checked, 

Are you an individual that trades or invests more than $10,000,000 on a discretionary basis? 

□ Yes □ No

Are you an individual that trades or invests more than $5,000,000 and enters into the foreign currenc:y 

agreement to manage the risk associated with some other asset or liability'? 

□ Yes □ No

□ A cash (or physical) contract traded in interstate commerce?

Files Uploaded 

No Files Uploaded 

Confirmation Number S11bmitfed 

l(b)(6) (b)(7)(C) I Page 5 of 8 l(b)(6) (b)(7)(C) I 
U.S. COMMODITY FUTURES TRADING COMMISSION 

WASHINGTON. D.C. 20581 

Statement to Persons Providing Information about Themselves to 

the Commodity Futures Trading Commission 

This document sets forth your legal rights and responsibilities as a person requested to supply information 

about yourself voluntarily, as a person with recordkeeping obligations under the Commodity Exchange 

Act or CFTC regulations or as a person directed to provide sworn testimony or produce documents 

pursuant to a subpoena of the Commodity Futures Trading Commission. When applicable, this statement 

also provides important information about the deposition process for persons providing testimony. Unless 

stated otherwise, the information below applies whether you are providing infonnation voluntarily, 

pursuant to the recordkeeping obligations of a registrant, or pursuant to subpoena. 

FALSE STATEMENTS AND DOCUMENTS 

Any person who knowingly and willfully makes false or fraudulent statements, whether under oath or 

otherwise. or who falsifies. conceals or covers up a material fact. or submits any false writing or 

document, knowing it to contain false, fictitious or fraudulent infonnation, is subject to the criminal 

penalties set forth in 18 U.S.C. § I 001 which include imprisonment of not more than five years, 

imposition of a substantial fine under the Federal Sentencing Guidelines. or both. 

It shall also be unlawful for any person to make any false or misleading statement of a material fact to the 

Commission, including in any registration application or any report filed with the Commission under this 

Act, or any other information relating to a swap, or a contract of sale of a commodity in interstate 

commerce, or for future delivery on or subject to the rules of any registered entity, or to omit to state in 

any such statement any material fact that is necessary to make any statement of a material fact made not 

misleading in any material respect, if the person knew, or reasonably should have known, the statement to 

be false or misleading. as set forth in the Dodd-Frank Wall Street Reform and Consumer Protection Act 

of 2010, Pub. L. No. 111-203, Title VII (the Wall Street Transparency and Accountability Act of 2010), 

§753, 124 Stat. 1376 (enacted July 21, 2010), to be codified at 7 U.S.C. §§ 9, 15. 

PRIVACY ACT STATEMENT 

The collection, maintenance, and disclosure of this infonnation is governed by the Privacy Act of 1974 (5 

U.S.C. § 552a). 

I. PURPOSE 

The infonnation provided will assist the Commodity Future Trading Commission ("CFTC'' or 

''Commission") with determining whether any person has violated, is violating. or is about to 

violate the Commodity Exchange Act (the "Act") or the regulations promulgated thereunder (the 

''Regulations"). 

2. AUTHORITY 

The Commission has authority to collect this information pursuant to one or more sections of the 

Act and the Regulations, including 7 U.S.C. §§ 9. 12, l3a-1, 16(!) and 17 C.F.R. §§ 11, 12. 

3. ROUTINE USES 

Confirmation Number S11bmitfed 

rb)(6) (b)(7)(C) l(b)(6) (b)(7)(C) I Page 6 of 8 
The infonnation will be maintained and any disclosures will be made in accordance with the 

Commission·s Privacy Act system of records notices (SORNs) CFTC-10. Investigatory Records 

available at 76 FR 5973. and CFTC-16. Enforcement Case Files available at 76 FR 5973. The 

Commission. where appropriate, makes files available to other governmental agencies. particularly 

the Department of Justice, the Securities & Exchange Commission, and state prosecutors. 

Information you provide also may be used in the routine operation of the Commission, which 

includes law enforcement, review of legislative and regulatory proposals, regulation of the 

commodity futures and swaps markets, and review of repmts and documents filed with the 

Commission. A complete set of blanket routine uses for Commission SORNs is published in the 

Federal Register at 76 FR 5974 (Feb. 2, 2011). 

4. EFFECT OF NOT PROVIDING INFORMATION 

Disclosure of the requested information to the Commission is voluntary on your part. There are no 

direct effects or sanctions for failing to provide any or all of the requested information. If you do 

provide information. however. you should note that knowingly and willfully making false or 

fraudulent statements to the Commission is subject to the criminal penalties set forth in 18 U.S.C. § 

1001, which include imprisonment of not more than five years, imposition of a substantial fine 

under the Federal Sentencing Guidelines, or both. 

FREEDOM OF INFORMATION ACT 

The Freedom of Information Act. 5 U.S.C. S 552. ("FOIA") and the Commission's rules pursuant thereto. 

17 C.F.R. Part 145, generally provide for disclosure of information to the public, unless infonnation falls 

within a specified exemption. Commission Rule 145.9, 17 C.F.R. § 145.9, establishes the procedure by 

which you may request that certain sensitive information not be disclosed pursuant to a FOIA request. 

INFORMAL PROCEDURE RELATING TO THE 

RECOMMENDATION OF ENFORCEMENT PROCEEDINGS 

As a result of facts gathered in an investigation, the Division of Enforcement may decide to propose an 

enforcement action against one or more individuals. Under the Informal Procedure Relating to the 

Recommendation of Enforcement Proceedings,3 the Division of Enforcement, in its discretion. may 

inform persons to be named in such actions of the nature of the allegations pe11aining to them. The 

Division may also. in its discretion, advise such persons that they may submit a written statement before 

the consideration by the Commission of any staff recommendation for the commencement of the 

proceeding. Unless otherwise provided, such written statements must be submitted within 14 days after 

persons are informed by the Division of Enforcement of the nature of the allegations pertaining to them. 

SMALL BUSINESS REGULATORY AND ENFORCEMENT FAIRNESS ACT 

Your comments are important. If you wish to comment on the enforcement or regulatory actions of the 

Commodity Futures Trading Commission, please call the Small Business Liaison in the Office of General 

Counsel at (202) 418-5120. You may also wish to contact the Small Business and Agriculture Regulatory 

Enforcement Ombudsman. or one of the 10 Regional Fairness Boards. which were established by the 

Small Business Regulatory and Enforcement Fairness Act. The Ombudsman and Boards receive 

comments from small businesses about federal agency enforcement actions. The Ombudsman will 

Confirmation Number S11bmitfed 

l(b)(6) (b)(7)(C) tb)(6) (b)(7)(C) I Page 7 of 8 I 
annually evaluate the enforcement activities and rate each agency's responsiveness to small business. If 

you wish to contact the Ombudsman to comment on the enforcement actions of the CFTC. please call l888-REG-FAIR (1-888-7343247). 

1The lntrnmal Prncedure h.i, hee11 adopted as Appendix A to P.irr 11 of the Crn11mis,ion·, Re~ula!Lons. 17 C.F.R. P.irr 11. Appendtx A Appendix A mrne fully sets tmth 

the ,11h,!all1i\'C and pnKcdural p,u,,"inn, ufthc Jnforn1a1l Pmccdurc. 

Confirmation N1Jmber S1Jbmitted 

fb)(6) (b)(7)(C) I Page 8 of 8 fbJ(6) (b)(7)(C) 
(b)(6) (b)(7)(C) 

Complaint 

I am a customer ofKraken (v..'V..'V..'.kraken.com), a digital asset exchange. (Note: 

www.kraken.com is a Delaware registered corporation under the name Payward Ventures, Inc., 

237 Kearney St #102, San Francisco, CA 94108) 

5 7 On 2 A ril 2021, I withdre /~~/~~w.i itcoin (Kraken Withdrawal Ref-ID: fbl( l (bl( J(CJ I 

(b)(6l (bl(7J(C) , equivalent to approximately ~l)~L,..., at the time, directly from my Kraken 

account to a destination Bitcoin address provided by Binance, a different digital asset exchange. 

Unfortunately, the transfer to Binance failed and I was informed by Binance Support that my 

Bitcoin was automatically refunded to Kraken. 

When, after a few days, I did not see the refunded Bitcoin appear in my Kraken account, I 

contacted Kraken Support on 05 April 2021. Kraken Support created a ticket (bl(6l (bl(7J(CJ and 

forwarded the matter to a specialist Support team that handles refund issues. 

Over the course of several months, I have exchanged numerous emails with the Kraken Support 

specialist team trying to resolve case b)(Bl (bl(7J(CJ and get my refunded Bitcoin returned to my 

account. In addition, I have provided all the information that Kraken has requested ofme so that 

this matter could be resolved in a timely manner, including verification from Binance of the 

refund as \Veil as the Bitcoin transaction id of the refund, both ohvhich Binance kindly provided. 

It is now nearly 3 months and I have heard mostly excuses about the complexity ofKraken's 

internal '\vallet'' processes, and received only vague and indefinite information about when and 

if this matter will ever be resolved, and no assurance that my Bitcoin assets will be returned to 

my account. 

Over the course ofmy email exchange with Kraken, I have been told the follO\ving at various 

times: 

• "I can confirm it's currently with a batch of other clients returned deposits. We locate & 

credit these funds in batches." 

• "Our developers are \Vorking on recovering the funds, but this will take some time." 

• "But even ifwe decided to recover the funds, we cannot make an estimate about when 

your funds might be recovered." 
This matter is simple and straightforward. Due to a transaction error, funds that I withdrew from 

Kraken to Binance \Vere automatically refunded back to me. At Kraken's request, I provided 

verification from Binance that a refund to me had occurred as \Vell as the Bitcoin transaction id 

of the refund. 

Kraken acknO\vledges that the refunded Bitcoin was returned to a Kraken \Vallet and hence 

Kraken is in possession of my refunded Bitcoin. 

I respectfully ask this Agency to help me obtain the following from Kraken: 

1. A written commitment from Kraken that Kraken will return my refunded Bitcoin to my 

account 

2. A clear timeline and date as to when my refunded Bitcoin will be returned to my account 

Most Sincere!" 

(b)(6) (b)(7)(C) 
History of Events 

Date: 2021-04-02 

I withdrawtbJ(6l·~· IBitcoin, equivalent to approximatelyl\~1\~1,~, lat the time, directly from my 

Kraken account to a destination Bitcoin address provided by Binance Bridge, a service of 

Binance Exchange. 

Date: 2021-04-02 

Unfortunately, the transfer to Binance Bridge fails and I receive a message from Binance to 

contact Binance Support. 

Date: 2021-04-04 

I contact Binance Support via chat. Binance Support informs me that my Bitcoin \Vas 

automatically refunded to the originating Kraken Bitcoin address on 2021-04-02. 

Date: 2021-04-05 

It has been a few days and I still do not see the refunded Bitcoin appear in my account. I contact 

Kraken Support via Kraken's support chat. 

I chat \Vithl\~/\~/.~. lat Kraken Support. I inform l/~~/~Lci Pbout the situation regarding the failed 

transaction and automatic refund from Binance and inquire about when the refund would be 

available in my Kraken account. Lorna tells me that the matter will need to be reviewed by a 

"specialist team" and creates a support ticket (bJ(Bl (bl(7J(CJ so that the matter can be transferred to 

the "specialist team".I\~/\~/,~, lalso tells me that the "specialist team" \Viii contact me directly via 

email if they need additional information from me. 
Date: 2021-04-05 

I receive a Kraken Support email fromj{bl(5llwho says she works \Vith Kraken's Crypto Deposit 

and Withdrawal Group. Jen requests that I get the following from Binance in order to verify and 

locate the refunded Bitcoin transaction: 

• The Bitcoin transaction ID for the refund 

• "A screenshot of any proof of the return, such as an email from Binance that says the 

funds were returned" 

Date: 2021-04-05 

I reply to the Kraken Support email with a screenshot ofmy 2021-04-04 chat with Binance 

Support, \Vhere the Binance Support person \Vrote: 

"After checking, it seems the transaction has been refunded to you 011 2021-04-02, please check it", 

I also write that I will work with Binance Support on getting the requested Bitcoin transaction id 

for the refund. 

Date: 2021-04-14 

After about 10 days, I am able to obtain the Bitcoin transaction id for the refund from Binance 

Support. In a chat message, the Binance Support person writes: 

"Hel!o, Your Bitcoin has been re i111ded to ·our ori inaf address via txid: 

(b_l(_61~(_b_)(7_1(_C_I------------------------~Pleasecheck your 

,vallet." 

0

Date: 2021-04-14 

I reply to my email chain with Kraken Support and provide the Bitcoin transaction id for the 

Binance refund. I also provide a screenshot of my chat with Binance Support and ask if Kraken 

now has the information they need to locate the refund and return the Bitcoin to my account. I 

write the follO\ving: 

Hello Kraken Support Team, 

1 heard back from Binance Support just nmv. This is what they said: 

"Hello, Your Bitcoin has been re imded to ·our ori ina! address via txid: 

Lb_l(~61~(_bl~(7_1(_c1_______________________~Please check your 

wallet." 

See bottom ofattached screenshot. 

Do you have 1vhat you need 1101v to locate the refund and return to my account? Please let me know 

othenvise so I can relay to Binance Support now that I am in contact >t1ith them. 
Many thanks and best, 

(b)(6) (b)(7)(C) 

I also provide a link the Bitcoin transaction id of the refund, which Binance Support provided: 

Here'v the link· 

rb)(6) (b)(7)(C) 

Date: 2021-04-15 

I haven't heard anything for 24 hours so I email Kraken Support and kindly ask for an update on 

the refund. 

Date: 2021-04-16 

Still no response after 48 hours, so I contact Kraken Support directly via chat. 

I chat \Vith l(bJ(6J (bJ(7J(CJ ~vrites: 

I see we are aware ofyour case, it will take time, As when a C1ypto H'ithdrawal is "returned" This 

mean 1

.\' an (outgoing) ·withdrmval, has been returned & deposited back into one (~(our outgoing hot 

wallets. We then need to create a recove1:v case. Our specialist will reach back out to with updates 

relating to the case. 

We have hot iml!ets which are designedf0r outgoing transfCrs which are separate to incoming 

tran.~fers. Due to security pmtocols, they are separate. Incorrectly retumedfunds can resufl in 

signfficant delays. '' 

I can confirm it's currently with a batch ofother clients returned deposits. We locate & credit these 

(unds in hatches. 

Date: 2021-04-22 

7 days and no communications from Kraken. I email Kraken Support again and kindly ask for an 

update on the refund. I write the following: 

Hello Kmken Support, 

It has been 7 days since I have heardfrom anyone regarding this case ~l/~l/('_1 . Can I please get 

===-~ 

an update regarding the refund? 

Thanks much, 

l(b)(6) 

(b)(7l(C) 
Date: 2021-04-22 

I receive a response frornli~lmJrom Kraken Support \Vho explains some ofthe internal 

complications ofKraken's processes.)~])~] Tites the following: 

H·(b)(6) 

I /h1/71ff'.1 

As you may be aware, the address the refund was returned to is not associated with your Kraken 

account. It is a deposit address for another client. Kraken will send withdrm,,.1afs_for some 

cryptocurrencies outfrom deposit addresses. Yourfimds H'ere sent to someone else in the return 

transaction, as they did not co1?/inn ,vhere 10 send the.fimds. Ofthe twenty or so sending ,val!ets, it 

was sent to one ofthem. We now have sort this out, as they really have no reason not to keep these 

funds themselves. 

In this case, recovery (~(1hesefu11ds is going to take some lime. 

Thanksf0r your patience. 

Thanksf0r using Kraken, 

(b)(6) 

(b)(7)(C) 

Date: 2021-04-23 

I reply tol(bl(6l~nd ask if there was any additional information I can provide to assist with the 

refund. I \Vrite the following: 

Thanksf0r your response and explanation. 

Apologies. 1 don't really understand your email nor your comment "It is a deposit address ofanother 

client." Per below, Binance says the Bitcoin H"as refimded to the "original address". I assume the 

original address 1-1Y1s a Kraken address since 1performed a ,vithdnrwalfrom my Kmken account. 

You requested the transaction id (?/the refund, Binance provided it and l.fi)rWlll"ded it lo you per 

be/mt·. 

From the perspective of *this client* (! am one of"Kraken's clients too), a business (Binance} is 

simply reji111dingfu11ds lo me that ·were sent.fi·om my Kraken account, no diffCrenl than, say, ,vhal 

would happen with a bank account. 

Is there any other i1?/ormation you needfrom me orfrom Binance? ![so, please let me k1u;-w. 

I am a hig believer in Kmken and I am an investor in Kmken. 1have/id! co1?/i.dence that Kraken will 

deal with the complications and handle the refund appropriately. 
Please let me know ifthere is anything more 1 can do to assist with the refimd, or flyou need 

additional informatio11_/i·om me. 

Again, thanks.for getting hack /0 me and/hr your explanation. 

Thanks much, 

(b)(6) 

(b)(7)(C) 

Date: 2021-04-26 

Three days later, I receive an email froml6~;( ~vith Kraken Support.l;b)(B~xplains that Kraken's 

developers are \Vorking on recovering the unds and that "it will take some time.·j(bl(5pl1so 

provided a link to a Support article about Kraken "hot wallets". This is the first time I hear that 

my funds are "not sent from your personal account but from other wallets that Kraken uses for 

withdrmvals." More about Kraken complicated processes.~rites the follO\ving: 

Hi i~li~l1r:1 

Thank youfOr reaching out:' 

When you deposit Bitcoin,fOr example, to your Kraken account, ;1,1

e sweep thosefimds to our hot 

wallet and cold storaf{efOr safekeeping. When you withdrmF your crypto to another address, the 

funds are not sent from your personal account but from other wallets that Kraken uses jhr 

withdrawals. 

For more infOrmation, please take a moment to read: h11p,: i,Hppor1.h,1kc11.c(rn1/h.; .:n·Lh,\1r1i.:1.;,,..115001,44121,7-Kr:1kcn­

"·"''1-a-,",lld-,~n Le, 

Essential(v what this means is that when Binance retumed theJi111ds to the sending address, this 

address was not in any way associated to your Kraken account. 

Our developers are ·working on recovering the.funds, but this will take some time. 

Please let us know flyou have any questions. 

Best, 

Kraken Client Engagement 
Date: 2021-05-13 

It is no\V over a month, and I still have not received any status of my refunded Bitcoin. I ask to 

speak with a Kraken Support supervisor. I write the following: 

H ·(b)(6) 

I /h1/71/ 

Yes, pleasefOrward to your supervisor and please ask him/her to contact me. 

Regarding your support excerpt, this notice should be clearly displayed on the Withdrawal page so 

mistakes like this do 1101 happen. Although, your excerpt does not make any sense /0 me. 

Afy assets (several thousand) 1-1-1ere re.fimded 10 Kmken and I am expecting these assets to he returned 

to me. You have not yet said that you H'ill not return my assets. 

I !ookfOnrnrd to hearingfrom your supervisor soon. 

(b)(6) 

fh\f7\fr\ 

Date: 2021-05-17 

I receive an email from ~l/~l1 \Vhom I presume is the supervisor of the Crypto Deposit and 

Withdrawal team.\~/\~/. ays that Kraken cannot make any estimate about when my funds might 

be recovered. ~!)~!rr, email also implies that Kraken may decide not to recover the funds. 

(b)(6) rote the following: /h1/71/ 

f"om the Crypto support team. 

Sorryfor the late reply. Due 10 surge (?/requests, the response time is longer than usual. 

rve ·wil! revieH' the details o/your transaction and contact you as soon as possible. But even ;1,1e 

decided to recover thefunds, the process can only be performed by a specific group ofpeople who 

have access to the private keys o/our ·wallets. Although we cannot make any estimate about when 

your funds might be recovered, we H'ill update you via emailfOr any progress. 

Appreciate your patience as we work to investigate this matter. 

Bes/ regards, 

(b)(6) 

/h1/71/f".1 

Client Engagement 
Date: 2021-05-20 

I reply t ,~1\~L,..., email, express my concerns, and request that )~l)~L xplain Kraken 's process for 

"deciding \Vhether to recover the funds" and when Kraken \Vill make this decision. I \Vrite the 

following: 

Hi[~/\~1, I 

Thank youfOr your email and I appreciate you getting back to me. 

Can you please tell me your processfOr "deciding whether to recover thefunds" and at least when 

Kraken ·wil! make this decision? I ·would think Kraken should he ah!e lo i1?/orm me in a timely 

manner H'hether Kraken intend5 to "recover" mv funds (or not). 

I have afi'w comments, ifyou don't mind listening: 

First(v, in case it helps, I do not believe I am atfClult in this matter and I do expect myfimds to be 

returned to me. From my customer point o.fview, the complications with returning myfimds are 

strictly Kmken complications hased on how Kraken has chosen to organize its pmcesses. I do not 

believe the customer should have to bear the financial burden or risks related to Kraken's internal 

complications. 

Secondfv, I am myst(/led why there ,ms no Waming on the Withdmit1

a! page about potential issues 

regarding Kraken'.~ "hot wallet". Even today, there is still no Warning on the Withdrmrnl page (see 

attached screens/wt). Clearly this matter has become a nuisancefbr hoth the Support team and me, 

and 110 doubt other customers. I could have happily avoided this situation had I been duly warned 

about "hot waifet" !imitations at the time o/my rVithdraH'al. 

Lastly, I did not appreciate being sent a link to some deeply buried Support documentation about the 

"hot waffet" situation ajter the/act, as i/deepfy huried Support documentation is suf!icient 

not(fication regarding the limitations andfi.nancial risks with respect to Withdrawalsfi-om Kraken. It 

is Kraken'.,· responsibility to clearfv communicate the limitations andjlliancial risks regarding the 

use ofits applicationf€atures; certainly, a warning on the Withdrawal page would be a good.first 

step. 

Genemfly, I consider mysefla happy Kraken cus/Omer although I am disappointed in this maller. But 

I appreciate your timefOr listening. 

Again, please tell me your process for "deciding ·whether to recover thefimds" and ·when, at least, 

Kraken will make this decision. 

Most sincere!,, 

(b)(6) (b)(7)(C) 
l 

Date: 2021-05-20 

After 6 days and receiving no response, I kindly ask ~l/~lr to reply to my 2021-05-20 email. 

Date: 2021-05-27 

/~l/~lr replies to my email and informs me that there is no timeline for making a decision regarding 

returning my refunded Bitcoin to my account. ~l/~lw. rites the follO\ving: 

H. b)(6) 

h1/71/(;1 

SorryfOr the late reply. Due to surge o.f'requests, the response time is longer than usual. 

UnfOrtunate!y, there is no accurate timeline ofthe decision making. We will keep you updated by 

emailfor any progress. 

1. Regarding the withdrawal service I believe returningfimds is not one of"the defau!tfeatures, thus 

there is no such instructions or notes. {(you want to move jimds hack, please check the deposit 

funding page. 

2. I will of"course pass 011 yourfCedback to our developersfOr good measure. 

3. When using a product, it isfor the client'.~ benefits to go over the terms ofservice and support 

articles. We pmvide the link because the support center is a heller media 10 demonstrate the 

in/Ormation rather than a wall oftext in the email. 

Hope ii helps and let us k1u;-w (/you have other questions. 

Best regards, 

h\f7\f 

Client Engagement 

Date: 2021-05-29 

I reply to bJ(6l mail, express my concerns, and ask to escalate this matter a second time and 

speak to )~l)~L,..., manager. I write the following: 

H ·(b)(6) 

I /h1/71/ 

Thank you,fbr your re.1ponse. Based on v,:hat you v,:rote, it does not sound like Kraken is taking 

responsibility_/Or causing this issue. Again, a simple warning about the limitations and.financial 

risks o_/using the Kraken WithdrawalfCature on the Withdrawal page would have avoided this 

problem aflogether. I knmi1.fmm your Support team that I am not the on(v customer that has 

experienced this issue H"ith Refimds to my account. 

Kraken caused this issue and Kraken can prevent it. Support documentation is NOTprevention by 

the simple.fact the Kraken .,ystem allowed this problem to occur. 

This matter involves sevemf thousand doffars so this is not a maller I ·will easily !et go. 
Kraken is in possession ofmy assets and I do expect Kraken lo retum my assets. 

I ,vould like lo escalate this mailer again and speak 10 your manager. 

Please advise. 

Re ards, 

b)(6) 

h1/71W.1 

Date: 2021-06-04 

It has now been two months since Kraken received my refund from Binance, and Kraken has 

provided neither a commitment nor a timeline to return my refunded Bitcoin to my account. I 

decide to contact consumer protection agencies and regulators. I speak \Vith representatives from 

the following organizations about what recourse is available to me and how to file a consumer 

complaint: 

• California Department of Financial Protection & Innovation 

• FINRA 

• SEC 

Date: 2021-06-04 

As a courtesy, I write/~l/~l1 final email explaining my intention to file complaints with the 

appropriate consumer protection agencies and regulators if Kraken does not provide me with the 

following \Vithin 10 business days: 

1. A \Vritten commitment that Kraken \Vill return my refunded assets to my account 

2. A clear timeline and date as to \Vhen my assets \Vill be refunded to my account 

I write the following: 

(b)(6) Hello(b)(7)(C 

I am sorry I did 110! receive a responsefrom you regarding my last email. I have provided al! the 

in ormation that Kraken requested (~(me so that this mailer could he resolved in a limefv manner 

b)(6) (b)(7)(C) 

nm months have now passed and my refunded assets have still not been returned to my account. In 

addition, I have received onfv vague and indefinite infimnation about ,,,ihen and 1fmy assets \t1ill he 

returned to my account and 110 assurance that this matter H"ill ever be resolved. 

Therefore,fOr a.final time, 1 respec(/Ully request that Kraken provide the.following information 

regarding this malfer: 

1. A written commitment that Kraken will return my refimded assets to my account 

2. A clear timeline and date as to ·when my assets will be refUnded to my account 
This email is to in/Orm you that 1 have spoken with representatives from thefO!lowing consumer 

protection agencies and regulators: 

• Ca!(fornia Department o.f'Financial Protection & innovation (fOrmerly Department o.l 

Business Oversight, hut renamed per AB-1864) 

• FJNRA 

• SEC 

If' 1 do not receive your answers to the information 1 am requesting above (items #1, #2) within JO 

business days, 1 will file complaints >t'ilh each ofthe above organizations. 

1 regret that this matter ·was not handled in a more responsible and trustwortl1y manner by Kmken. 

Sincerely, 

l(b)(6) (b)(7)(C) 

Date: 2021-06-08 

I receive an email from ~j/~j( stating that he has escalated my case to his manager. 

rites the follO\ving 

SorryfOr the late reply. 

Unfortunately, the case is still under review and we are not able to provide the statement you 

required. 

1 have escalated the case and my manager ·will contact you shortly. 

Appreciate your patience. 

Best regards, 

Client Engagement 

Date: 2021-06-23 

More than 10 business days have passed since my 04 June 2021 email to )~])61 I have received no 

further communications from Kraken and received no correspondence from)~])~],,., manager. 

I believe I have made a good faith effort to resolve this matter directly with Kraken and wish that 

Kraken was handling my case o/bJ(6J (bJ(7J(CJI in a more trustworthy, transparent and responsible 

manner. 

I decide to proceed with filing complaints with the appropriate consumer protection agencies and 

regulators, 
Held Crypto Deposit - Kraken (b)(6) (b)(7)(C) 

Kraken User v 

Support 

How can we help? 

Search Q 

Requests V 

Held Crypto Deposit 

Ticket details V 

This request has been rated as: 

Bad, I'm unsatisfied 

With the following comment: 

My refunded assets have not been returned to my account. It has been 2 

months, and I have received only vague and indefinite information about 

when my assets will returned to my account. 

Change my rating 

I of 8 7/1/21, 11:16AM 
Held Crypto Deposit - Kraken b)(6) (b)(7)(C) 

~ b)(6) bl/71/Cl 

~ 1 month ago 

• (b)(6)

Hi (b)(7)(C) 

Sorry for the late reply. Due to surge of requests, the response time is longer than 

usual. 

Unfortunately, there is no accurate time line of the decision making. We will keep 

you updated by email for any progress. 

1. Regarding the withdrawal service I believe returning funds is not one of the default feature, thus there is no such instructions or notes. If you want to move 

funds back, please check the deposit funding page. 

2.1 will of course pass on your feedback to our developers for good measure. 

3. When using a product, it is for the client's benefits to go over the terms of service and support articles. We provide the link because the support center is a 

better media to demonstrate the information rather than a wall of text in the 

email. 

Hope it helps and let us know if you have other questions. 

Best regards, 

b)(6) 

b)(7)(C 

Client Engagement 

Secure your account with Two-Factor Authentication 

Kraken User 

1 month ago 

H" (b)(6) 

I /h1/71ff'. 

Thank you for your response. Based on what you wrote, it does not sound like 

Kraken is taking responsibility for causing this issue. Again, a simple warning 

about the limitations and financial risks of using the Kraken Withdrawal feature 

on the Withdrawal page would have avoided this problem altogether. I know 

2 of 8 7/1/21, 11:16AM 
Held Crypto Deposit - Kraken (b)(6) (b)(7)(C) 

from your Support team that I am not the only customer that has experienced 

this issue with Refunds to my account. 

Kraken caused this issue and Kraken can prevent it. Support documentation is 

NOT prevention by the simple fact the Kraken system allowed this problem to 

occur. 

This matter involves several thousand dollars so this is not a matter I will easily 

let go. 

Kraken is in possession of my assets and I do expect Kraken to return my assets. 

I would like to escalate this matter again and speak to your manager. 

Please advise. 

Regards, 

b)(6) 

h1/71ff'.1 

Kraken User 

1 month ago 

I am sorry I did not receive a response from you regarding my last email. I have 

provided all the information that Kraken requested of me so that this matter 

could be resolved in a timely manner fbl(6l (bJ(7J(CJ I 

b)(6) (b)(7)(C) 

Two months have now passed and my refunded assets have still not been returned to my account. In addition, I have received only vague and indefinite information about when and if my assets will be returned to my account and no 

assurance that this matter will ever be resolved. 

Therefore, for a final time, I respectfully request that Kraken provide the following information regarding this matter: 

1. A written commitment that Kraken will return my refunded assets to my account 

2. A clear timeline and date as to when my assets will be refunded to my account 

This email is to inform you that I have spoken with representatives from the following consumer protection agencies and regulators: 

* California Department of Financial Protection & Innovation (formerly 

3 of 8 7/1/21, 11:16AM 
Held Crypto Deposit - Kraken (b)(6) (b)(7)(C) 

Department of Business Oversight, but renamed per fbl(6l (bl(7J(CJ 

b)(6) (b)(7)(C) 

• FINRA 

•sEC 

If I do not receive your answers to the information I am requesting above (items 

#1, #2) within 10 business days, I will file complaints with each of the above organizations. 

I regret that this matter was not handled in a more responsible and trustworthy 

manner by Kraken. 

Sincerely, 

rb)(6) (b)(7)(C) 

H" b)(6) 

I h1/71ff'.1 

Thank you for your response. Based on what you wrote, it does not sound like 

Kraken is taking responsibility for causing this issue. Again, a simple warning 

about the limitations and financial risks of using the Kraken Withdrawal feature 

on the Withdrawal page would have avoided this problem altogether. I know 

from your Support team that I am not the only customer that has experienced 

this issue with Refunds to my account. 

Kraken caused this issue and Kraken can prevent it. Support documentation is 

NOT prevention by the simple fact the Kraken system allowed this problem to 

occur. 

This matter involves several thousand dollars so this is not a matter I will easily 

let go. 

Kraken is in possession of my assets and I do expect Kraken to return my assets. 

I would like to escalate this matter again and speak to your manager. 

Please advise. 

Regards, 

b)(6) 

L-s\/7\ff'\ 

b)(6) e h1/71ff'. 

23 days ago 

H" (b)(6) 

I (b)(7)(C) 

4 of 8 7/1/21, 11:16AM 
Held Crypto Deposit - Kraken (b)(6) (b)(7)(C) 

Sorry for the late reply. 

Unfortunately, the case is still under review and we are not able to provide the 

statement you required. 

I have escalated the case and my manager will contact you shortly. 

Appreciate your patience. 

Best regards, 

(b)(6) 

/bl/71/Cl 

Client Engagement 

Secure your account with Two-Factor Authentication 

(b)(6) 

l":':':\.(b)(7)(C) 

~ 6daysago 

• (b)(6) 

Hi (b)(7)(C) 

Apologies for the late reply. Let me explain the situation to you so you understand why it's taking a while. 

When a client makes a deposit to Kraken those funds are then either moved to 

cold storage or used to payout another clients withdrawal. As such we used a 

clients deposit address to pay out one of your withdrawals, this is standard practice in the industry for UTXO based currencies as it saves significantly on enchain fees for both us and our clients. Unfortunately what this means is when 

your funds were returned by Binance it was credited into another Kraken clients 

account. Legally we can't just go in and take the funds without the clients permission which is why it's taking longer to recover your funds. 

We do believe there is a good chance we'll be able to recover your funds however 

it may take some time. 

Thank you for understanding and for your patience. 

Sincerely, 

b)(6) 

bl/71/Cl 

Subscribe for Site and Funding Status Updates here- https://status.kraken.com 

5 of 8 7/1/21, 11:16AM 
Held Crypto Deposit - Kraken (b)(6) (b)(7)(C) 

Have your questions answered immediately by reading through our support centre https://support.kraken.com/ 

Kraken User 

2 days ago 

H·(b)(6) 

I (b)(7)(C) 

Thank you for your email. I appreciate that there are complexities with how 

Kraken has set up its internal processes so I thank you for explaining them. 

I hope you can understand that from a client's perspective, this is a simple transfer of funds issue; Bitcoin assets that were automatically refunded to my Kraken 

account have been held by Kraken for nearly 3 months due to internal Kraken operations and complications. 

Certainly, if Kraken hopes to go mainstream, the client experience will have to be 

better than this. 

I have filed complaints with: FINRA, SEC, Consumer Financial Protection Bureau, 

the California Department of Financial Protection & Innovation, and the State of 

Wyoming Banking Division. 

I hope this matter is resolved soon. 

Respectfully, 

rb)(6) (b)(7)(C) 

2 " 

6 of 8 7/1/21, 11:16AM 
Gmail - FINRA Filej(b)(6) (b)(7)(C) (b)(6) (b)(7)(C) 

rb)(6) (b)(7)(C) Gmail 

FINRA File #l(bl(BI (bl(7l(CI 

1 message 

Covin, Matthew <Matthew.Covin finra.or > Wed, Jun 30, 2021 at 12:06 PM 

b)(6) (b)(7)(C) 

VIA ELECTRONIC \'JAIL 

June 30, 2021 

(b)(6) (b)(7)(C) 

Re: FINRA Filefb)(6) (b)(7)(C) 

Dear b)(6l 

ubll>Cc>o>ecC.c>-~ 

This is to acknowledge receipt of your recent concspondcncc concerning Krackcn. 

After a careful analysis of the information you provided, we determined that Fll\"RA does not have jurisdiction over this matter 

and that your issue would be most appropriately addressed by the United States Securities and Exchange Commission ("SEC"); 

and the Commodity Futures Trading Commission ("CFTC"). Therefore, FINRA suggests that you continue to pursue the claims 

you have already filed with the SEC and CFTC. 

FINRA, o\'crsccn by the Securities and Lxchangc Commission. is a not-for-profit organization authorized to regulate one critical 

part of'thc ~ccuritic~ indu~lry brokerage Jinm and the people who work for them. Our mi~~ion is to protect investors and maintain 

the integrity of the markets. You can learn more about FIN RA al www.FINRA.org. Ilmvever. there arc several other regulatory 

organizations responsible for ensuring tliat financial firms and tl1e people who work for them comply witl1 the appropriate laws 

and regulations. 

Each organization is responsible for reviewing issues like yours based upon a number of factors. including the type and nature of 

the financial activities. Fll\"RA cannot make any a~~urance~ that the above-referenced organizations can or will take any action 

related to the issues you raised. 

SJ1ould you l1ave questions concerning the status of your issue, we suggest you contact the above-referenced organizations 

directly. 

1 of2 7/1/21. 1:01 PM 
Gmail - FINRA File ~(b)(6) (b)(7)(C) (b)(6) (b)(7)(C) 

Thank you for contacting us. 

Sincerely, 

Matthew D. Covin 

Matthew lJ. Covin 

Investigator 

'.'lational Cause and Financial Crimes Detection Program 

Front End Cause 

Confidentiality Notice:: Information contained in or attached to this email may be non-public, privileged, or confidential. 

Do not use, save, or copy any of that information, and do not share it with anyone else, unless you are the intended 

recipient. The sender has not authorized you to save, copy, use, or share any information provided to you in error. If 

the sender sent you this email or any attachment by mistake, please let the sender know by replying to this email and 

then deleting it. 

2 of2 7/1/21. 1:01 PM 
ll.1111CFTC 

COMMOO11Y FUTURES TR/\DINC COMMISSION 

COMPLAINT FORM 

UNITED ST A TES 

COMMODITY FUTURES TRADING COMMISSION 

SUBMISSION INFORMATION 

Confirmation Number Submission Received 

l(b)(6) (b)(7)(C) b)(6) (b)(7)(C) I I 

1. WHICH CATEGORY(IES) BEST DESCRIBE YOUR COMPLAINT 

□ A. Fraudulent representations that persuaded you to trade futures, options, swaps, forex, or

leveraged transactions. 

If a rate of return was promised to you, what was the rate of return? 

□ □ Annual Monthly □ Other periodic basi~ 

Were promised that the risk of loss trading futures was limited? 

□ Yes 0 No

\Vere you offered a money back guarantee? 

□ Yes 0 No

Were you told something about the experience of the person(s) trading your funds that JOU later found out was 

untrue? 

□ Yes 0 No

If yes, what were you told? 

If none of the above, describe ,vhat you were told that you now believe to be untrue. 

Are there other potential victims that you know of? Please identify. 

Did the conduct occur within the United States? 

□ Yes 0 No

If not, where did it occur? 

0 B. Some type of cheating or fraud that occurred after you had deposited funds to trade 

futures, options, swaps, forex, retail commodity, or leveraged transactions (for example, if 

someone used the funds you deposited to pay off someone else or you have asked for the return 

of your funds and have been refused). 

Have you asked for the return of your funds'! 

0 Yes □ No

To your knowledge, are there any funds remaining? 

0 Yes □ No

If so, how much? 

(b)(6) (b)(7)(C) 

Do you know the name of the futures commission merchant that processed the trades? 

Confirmation Number S11hmitfed 

l(b)(6) (b)(7)(C) I rb)(6) (b)(7)(C)

1 
u Yes b1'J No 

If yes, please identify. 

Are there other potential victims that you know of? 

□ Yes 0 No

Please identify. 

Did the conduct occur within the United States'! 

0 Yes □ No

If not, where did it occur? 

□ C. Someone or some firm that should be registered under the Commodity Exchange Act, but

is not. 

Describe the conduct that you believe requires the person or firm to be registered under the CEA. 

Did the conduct occur within the United States? 

□ Yes 0 No

If not, where did it occur'! 

□ D. Disruptive or manipulative trading activity in the futures, options or swaps markets.

What is the source of your belief that someone or some entity has engaged in either a disruptive trading practice 

or manipulative activity'! 

On ,vhat days, and if you know, ,vhat time of day, did the alleged conduct occur? 

On what exchange or market did the activity occur? 

What prices, if any, were affected by the alleged conduct'! 

Did the conduct occur within the United States'! 

□ Yes 0 No

If not, where did it occur? 

□ E. The trading of futures options, or swaps based upon confidential information by someone

not allowed to use such information. 

Was the confidential information held or created by the Federal Government? 

□ Yes 0 No

If yes, which of the following apply: 

Did the Federal Government generallJ disseminate the information prior to the alleged trading activit:y? 

□ Yes 0 No

Did a Federal employee or agent use the information to trade a futures contract, an options contract, or a swap'! 

□ Yes 0 No

Did a t'ederal employee or agent provide the confidential information to someone else that this other person 

could trade a futures contract, an options contract, or a swap'! 

□ Yes 0 No

Did someone steal the confidential information and use it to trade a futures contract, an options contract or a ,, swap. 

□ Yes 0 No

Did the confidential information belong to a person or a firm? 

□ Yes 0 No

If yes, identifJ that person or firm with contact information. 

Confirmation Number S11hmitfed 

tb)(6) (b)(7)(C) I Page 2 of 8 l(b)(6) (b)(7)(C) I 
Did the conduct occur within the United States? 

□ Yes 0 No

If not, where did it occur? 

□ F. Complaint does not fit into any of the above-described categories.

Please describe. 

2. Have you suffered a monetary loss? 

0 Yes □ No

If yes, describe how much. 

b)(6) (b)(7)(C) 

3. When did the alleged conduct occur? 

April 2nd, 2021 

4. Is the conduct on-going? 

0 Yes □ No

5. Has the individual or firm who engaged in the conduct acknowledged their fault? 

0 Yes □ No

6. Have you or anyone else taken any action against the firm or person who engaged in the alleged conduct'! 

0 Yes □ No

If yes, select the appropriate category: 

□ Prior complaint to the CFTC

0 Complaint to another regulator 

□ A state or federal criminal law enforcement entity.

□ A legal action filed against the person or firm in a court of law.

Additional comments based on above selection (e.g., \\'ho, \\'hen, Contact, To whom made, Case Number, 

Court) 

(b)(6) (b)(7)(C) 

7. Provide a brief description about what you are complaining about. 

b)(6) (b)(7)(C) 

2. TELL US ABOUT THE INDIVIDUAL AND/OR FIRM YOU ARE 

COMPLAINING ABOUT 

INDIVIDUAL/FIRM 1 

Individual/Firm Name 

Payv,;;ud Ventures, Inc dba Kraken 

1. Type 

□ Individual 0 Firm

Title that best describes what you are complaining about 

Other 

If you are complaining about a firm or individual that has custody or control of your investments, have you had 

difficulty contacting that entity or individual? 

□ Yes 0 No □ Unknovm

2. Individual/Firm Street Address Suite/Apartment/Unit# 

237 Kearney St 102 

3. City I State/Province I ZIP/Postal Code I Country 

San Francisco CA 94108 USA 

Confirmation Number S1Jbmitted 

fb1(6) (b)(7)(C) I Page 3 of 8 irb)(6) (b)(7)(C) 
4. Home Phone I Work Phone I Mobile Phone I Other Number 

5. E-mail Address I Website Address 

l(b)(6) (b)(7)(C) I www.kraken.com

6. Are you or were you associated with the individual or firm when the alleged conduct occurred? 

□ Yes 0 No □ Unknown

7. How are JOU or were JOU associated with the individual or form you are complaining about? Describe 

What was the initial form of contact between you and the person against whom you are filing this complaint'! 

Other 

If Other, please explain 

b)(6) (b)(7)(C) I 

3. TELL US ABOUT YOU 

Are you submitting this tip, complaint or referral anonymously? Being able to contact you for further 

information or clarification may be helpful 

□ Yes 0 No

SUBMITTER SECTION 1 

Title 

□ Mr. □ Mrs. □ M~.

(b)(6) (b)(7)(C) 

Are you represented by an attorney in connection ,vith your submission? 

□ Yes 0 No

SECTION 4. TELL US ABOUT THE INSTRUMENTS INVOLVED IN 

YOUR COMPLAINT 

0 A futures contract, including a single stock futures contract, a narrow based or broad based 

security future contract. 

□ An option on a futures contract, an option on a commodity, BUT NOT an option on a security

or a basket of securities. 

□ A swap, including a mixed swap BUT NOT a swap based on a single security or based on a

narrow (i.e., nine or less) index of securities. 

□ A foreign currency transaction.

If checked, 

Are you an individual that trades or invests more than $10,000,000 on a discretionary basis? 

□ Yes □ No

Confirmation Number S11hmitfed 

l(b)(6) (b)(7)(C) I Page 4 of 8 l(b)(6) (b)(7)(C) 
Are you an individual that trades or invests more than $5,000,000 and enters into the foreign currency 

agreement to manage the risk associated with some other asset or liabilitJ? 

□ Yes □ No

□ A commodity transaction entered into or offered on a leveraged or margined basis, or

financed by the offeror, the counterparty, or someone acting in concert with the offeror or 

counterparty. 

If checked, 

Are JOU an individual that trades or invests more than $10,000,000 on a discretionarJ basis? 

□ Yes □ No

Are you an individual that trades or invests more than $5,000,000 and enters into the foreign currenc:y 

agreement to manage the risk associated with some other asset or liability? 

□ Yes □ No

□ A cash (or physical) contract traded in interstate commerce?

Files Uploaded 

(b)(6) (b)(7)(C) 

Confirmation Number S11bmitfed 

l(b)(6) (b)(7)(C) l(b)(6) (b)(7)(C) I Page 5 of 8 I 
U.S. COMMODITY FUTURES TRADING COMMISSION 

WASHINGTON. D.C. 20581 

Statement to Persons Providing Information about Themselves to 

the Commodity Futures Trading Commission 

This document sets forth your legal rights and responsibilities as a person requested to supply information 

about yourself voluntarily, as a person with recordkeeping obligations under the Commodity Exchange 

Act or CFTC regulations or as a person directed to provide sworn testimony or produce documents 

pursuant to a subpoena of the Commodity Futures Trading Commission. When applicable, this statement 

also provides important information about the deposition process for persons providing testimony. Unless 

stated otherwise, the information below applies whether you are providing infonnation voluntarily, 

pursuant to the recordkeeping obligations of a registrant, or pursuant to subpoena. 

FALSE STATEMENTS AND DOCUMENTS 

Any person who knowingly and willfully makes false or fraudulent statements, whether under oath or 

otherwise. or who falsifies. conceals or covers up a material fact. or submits any false writing or 

document, knowing it to contain false, fictitious or fraudulent infonnation, is subject to the criminal 

penalties set forth in 18 U.S.C. § I 001 which include imprisonment of not more than five years, 

imposition of a substantial fine under the Federal Sentencing Guidelines. or both. 

It shall also be unlawful for any person to make any false or misleading statement of a material fact to the 

Commission, including in any registration application or any report filed with the Commission under this 

Act, or any other information relating to a swap, or a contract of sale of a commodity in interstate 

commerce, or for future delivery on or subject to the rules of any registered entity, or to omit to state in 

any such statement any material fact that is necessary to make any statement of a material fact made not 

misleading in any material respect, if the person knew, or reasonably should have known, the statement to 

be false or misleading. as set forth in the Dodd-Frank Wall Street Reform and Consumer Protection Act 

of 2010, Pub. L. No. 111-203, Title VII (the Wall Street Transparency and Accountability Act of 2010), 

§753, 124 Stat. 1376 (enacted July 21, 2010), to be codified at 7 U.S.C. §§ 9, 15. 

PRIVACY ACT STATEMENT 

The collection, maintenance, and disclosure of this infonnation is governed by the Privacy Act of 1974 (5 

U.S.C. § 552a). 

I. PURPOSE 

The infonnation provided will assist the Commodity Future Trading Commission ("CFTC'' or 

''Commission") with determining whether any person has violated, is violating. or is about to 

violate the Commodity Exchange Act (the "Act") or the regulations promulgated thereunder (the 

''Regulations"). 

2. AUTHORITY 

The Commission has authority to collect this information pursuant to one or more sections of the 

Act and the Regulations, including 7 U.S.C. §§ 9. 12, l3a-1, 16(!) and 17 C.F.R. §§ 11, 12. 

3. ROUTINE USES 

Confirmation N1JmbRr Submitted 

l(b)(6) (b)(7)(C) j Page 6 of 8 !{b)(6) (b)(7)(C) I 
The infonnation will be maintained and any disclosures will be made in accordance with the 

Commission·s Privacy Act system of records notices (SORNs) CFTC-10. Investigatory Records 

available at 76 FR 5973. and CFTC-16. Enforcement Case Files available at 76 FR 5973. The 

Commission. where appropriate, makes files available to other governmental agencies. particularly 

the Department of Justice, the Securities & Exchange Commission, and state prosecutors. 

Information you provide also may be used in the routine operation of the Commission, which 

includes law enforcement, review of legislative and regulatory proposals, regulation of the 

commodity futures and swaps markets, and review of repmts and documents filed with the 

Commission. A complete set of blanket routine uses for Commission SORNs is published in the 

Federal Register at 76 FR 5974 (Feb. 2, 2011). 

4. EFFECT OF NOT PROVIDING INFORMATION 

Disclosure of the requested information to the Commission is voluntary on your part. There are no 

direct effects or sanctions for failing to provide any or all of the requested information. If you do 

provide information. however. you should note that knowingly and willfully making false or 

fraudulent statements to the Commission is subject to the criminal penalties set forth in 18 U.S.C. § 

1001, which include imprisonment of not more than five years, imposition of a substantial fine 

under the Federal Sentencing Guidelines, or both. 

FREEDOM OF INFORMATION ACT 

The Freedom of Information Act. 5 U.S.C. S 552. ("FOIA") and the Commission's rules pursuant thereto. 

17 C.F.R. Part 145, generally provide for disclosure of information to the public, unless infonnation falls 

within a specified exemption. Commission Rule 145.9, 17 C.F.R. § 145.9, establishes the procedure by 

which you may request that certain sensitive information not be disclosed pursuant to a FOIA request. 

INFORMAL PROCEDURE RELATING TO THE 

RECOMMENDATION OF ENFORCEMENT PROCEEDINGS 

As a result of facts gathered in an investigation, the Division of Enforcement may decide to propose an 

enforcement action against one or more individuals. Under the Informal Procedure Relating to the 

Recommendation of Enforcement Proceedings,3 the Division of Enforcement, in its discretion. may 

inform persons to be named in such actions of the nature of the allegations pe11aining to them. The 

Division may also. in its discretion, advise such persons that they may submit a written statement before 

the consideration by the Commission of any staff recommendation for the commencement of the 

proceeding. Unless otherwise provided, such written statements must be submitted within 14 days after 

persons are informed by the Division of Enforcement of the nature of the allegations pertaining to them. 

SMALL BUSINESS REGULATORY AND ENFORCEMENT FAIRNESS ACT 

Your comments are important. If you wish to comment on the enforcement or regulatory actions of the 

Commodity Futures Trading Commission, please call the Small Business Liaison in the Office of General 

Counsel at (202) 418-5120. You may also wish to contact the Small Business and Agriculture Regulatory 

Enforcement Ombudsman. or one of the 10 Regional Fairness Boards. which were established by the 

Small Business Regulatory and Enforcement Fairness Act. The Ombudsman and Boards receive 

comments from small businesses about federal agency enforcement actions. The Ombudsman will 

S11bmitfed 

rb)(6) (b)(7)(C) Page 7 of 8 
annually evaluate the enforcement activities and rate each agency's responsiveness to small business. If 

you wish to contact the Ombudsman to comment on the enforcement actions of the CFTC. please call l888-REG-FAIR (1-888-7343247). 

1The lntrnmal Prncedure h.i, hee11 adopted as Appendix A to P.irr 11 of the Crn11mis,ion·, Re~ula!Lons. 17 C.F.R. P.irr 11. Appendtx A Appendix A mrne fully sets tmth 

the ,11h,!all1i\'C and pnKcdural p,u,,"inn, ufthc Jnforn1a1l Pmccdurc. 

S11hmitfed 

Page 8 of 8 l(b)(6) (b)(7)(C) I 
UNITED STATES OF AMERICA 

Before the 

COMMODITY FUTURES TRADING COMMISSION 

) 

In the Matter of: ) 

) 

Payward Ventures, Inc. (d/b/a ) 

Kraken) ) CFTC Docket No. 21-20 

) 

Respondent. ) 

) 

) 

) 

RECEIVED CFTC 

Office of Proceeding~ 

Proceedings Clerk 

3:21 pm, Sep 28, 2021 

ORDER INSTITUTING PROCEEDINGS PURSUANT TO SECTION 6(c) AND (d) OF 

THE COMMODITY EXCHANGE ACT, MAKING FINDINGS, AND IMPOSING 

REMEDIAL SANCTIONS 

I. INTRODUCTION 

The Commodity Futures Trading Commission ('"Commission") has reason to believe that 

from in or about June 2020 to July 21, 2021 (the "Relevant Period"), Payward Ventures, Inc., 

doing business as Kraken ("Kraken" or "Respondent") violated Sections 4(a) and 4d of the 

Commodity Exchange Act ("Act'"). 7 U.S.C. §§ 6(a) and 6d (2018). Therefore. the Commission 

deems it appropriate and in the public interest that public administrative proceedings be, and 

hereby are, instituted to detennine whether Respondent engaged in the violations set forth herein 

and to determine whether any order should be issued imposing remedial sanctions. 

In anticipation ofthe institution of an administrative proceeding, Respondent has 

submitted an Offer of Settlement ('"Offer"), which the Commission has determined to accept. 

Without admitting or denying any ofthe findings or conclusions herein, Respondent consents to 

the entry ofthis Order Instituting Proceedings Pursuant to Section 6(c) and (d) ofthe Commodity 

Exchange Act, Making Findings, and Imposing Remedial Sanctions ("Order"), and 

acknowledges service of this Order. 1 

1 Respondent con~cnts to the use of the findings of fact and conclusions of law in this Order in this proceeding and 

in any other proceeding brought by the Commi~~ion or to which the Commission is a party or claimant, and agree~ 

that they ~hall he taken a~ true and correct and he given prcclusivc effect therein. without further proof Respondent 

docs not consent, however, to the use ofthis Order, or the finding~ or conclusions herein, as the sole basis for any 

other proceeding brought by the Commission or to which the Commis~ion is a party or claimant, other than: a 

proceeding in bankruptcy or receivership: or a proceeding to enforce the terms orthi~ Order. Rc~pondcnt docs not 

consent to the use of the Offer or this Order, or the findings or conclus10n~ in this Order, by any other party in any 

other proceeding. 
II. FINDINGS 

The Commission finds the following: 

A. SUMMARY 

During the Relevant Period, Respondent violated Section 4(a) of the Act, 

7 U.S.C. § 6(a)(2018), by illegally offering to enter into, entering into, executing, and/or 

confirming the execution of off-exchange retail commodity transactions with U.S. customers 

who \Vere not eligible contract participants or eligible commercial entities~ (collectively, 

"ECPs"). Respondent also operated as an unregistered futures commission merchant ("FCM") in 

violation of Section 4d(a)(I) ofthe Act, 7 U.S.C. § 6d(a)(I) (2018). 

In accepting Respondent's offer, the Commission recognizes the cooperation ofKraken 

with the Division of Enforcement's investigation ofthis matter. The Commission also 

acknO\vledges Respondent's remediation efforts in connection with this matter. 

B. RESPONDENT 

Payward Ventures, Inc. (d/b/a Kraken) is a Delaware corporation fonned in 2011 with 

its principal place of business in San Francisco, California. Kraken has never been registered 

with the Commission. 3 

C. FACTS 

Kraken is a digital asset company whose primary business is the operation of an online 

digital asset exchange. The exchange enables customers to engage in retail commodity 

transactions-specifically, the purchase and sale of digital assets, including Bitcoin. Kraken also 

provides margin extensions to some of its customers, which they can use to buy or sell digital 

assets on the exchange on a leveraged basis. 

During the Relevant Period, Kraken offered potential and existing U.S. customers the 

ability to enter into margined retail commodity transactions on its exchange. Margined trading 

was available to any U.S. person who Kraken approved for a user account. Kraken allowed 

customers to select from varying levels of margin if they met certain contractual prerequisites set 

by Kraken. These prerequisites did not involve an assessment of any customer's status as an 

ECP. The margined transactions were conducted through Kraken's central limit order book and 

execution facility. 

When initiating a trade, a customer, whether buying or selling, had the option to settle the 

transaction \Vith their own funds or to trade on margin, for \Vhich Kraken \Vas the sole provider. 

Kraken offered and provided margin for either one or both sides ofthe transaction. Kraken 

maintained physical or constructive custody of all digital assets or fiat currency purchased using 

margin for the duration of a customer's open margined position. 

2 As those terms are defined in Sections 1a( I 7) and ( 18) of the Act. 7 U .S.C. ~~ 1a( I 7), ( 18) (201 8), respectively. 

' Kraken is registered \Vith FinCEN as a money services business. 

2 
The margined transactions worked as follows: The customer opened an individual 

account at Kraken and deposited digital assets or fiat currency into the account. The customer 

initiated a trade by selecting (i) the trading pair they wished to trade, (ii) a purchase or sale 

transaction, and (iii) a margin option. Kraken offered margin ratio options of2 to 1, 3 to 1, or 5 

to 1, depending in part, on the currency pair being traded as well as the customer's financial 

qualifications. 

All trades were placed on Kraken 's central limit order book and executed individually for 

each customer. For a customer \Vho wished to make margined trades, Kraken extended margin 

to the customer from its own inventory of non-client assets/currencies. Specifically, where a 

customer purchased an asset using margin, Kraken supplied the digital asset or national currency 

to pay the seller for the asset. Where a customer sold an asset using margin, Kraken supplied the 

digital asset or national currency due to the buyer. Trading on margin allowed the customer to 

establish a position, but also created an obligation for the customer to repay Kraken at the time 

the margined position was closed. The customer's position remained open until they submitted a 

closing trade, they repaid the margin, or Kraken initiated a forced liquidation, based on the 

occurrence of certain triggering events. 

Triggering events consisted of limitations on the duration of an open margin position as 

well as pre-set margin thresholds. Kraken required customers to exit their positions and repay 

the assets received to trade on margin within 28 days. Customers could not transfer assets mvay 

from Kraken until satisfying their repayment obligation. If repayment \Vas not made \Vithin 28 

days, Kraken could unilaterally force the margin position to be liquidated. Kraken could also 

initiate a forced liquidation if the value of the collateral dipped below a certain threshold 

percentage of the total outstanding margin. In this situation, Kraken sold the margined position 

and seized any collateral necessary to cover the customer's losses in the trade, similar to a 

margin call. 

In engaging in these transactions with customers, Kraken never transferred possession 

and control of the entire quantity of the assets purchased using margin, such that Kraken did not 

give customers the ability to use the entire quantity of the assets freely in commerce away from 

the execution venue until the customer satisfied the repayment obligation. Kraken is not 

registered as a designated contract market or in any capacity. 

* * * 

Kraken cooperated \Vith the Commission's investigation. During the course of the 

investigation conducted by the Division of Enforcement, Kraken voluntarily responded to 

requests for information in a timely fashion, both in writing and via oral presentations. In 

addition, Kraken was proactive in reaching out to the Commission for guidance on compliance 

with the Act and Commission Regulations and in taking steps to begin the process of shuttering 

its unlawful U.S.-based margin trading business prior to the effective date of this Order. 

3 
III. LEGAL DISCUSSION 

A. Respondent Engaged in Unla'\\·ful Off-Exchange Retail Commodity Transactions in 

Violation of Section 4(a) of the Act 

Section 2(c)(2)(D) ofthe Act. 7 U.S.C. *2(c)(2)(D) (2018), applies to any agreement, 

contract, or transaction in any commodity that is entered into with or offered to ( even ifnot 

entered into with) non-ECPs on a leveraged or margined basis or financed by the offeror, 

counterparty, or a person acting in concert with the offeror or counterparty on a similar basis and 

the contract does not result in actual delivery \Vithin 28 days. 

Section 2(c)(2)(D) ofthe Act further provides that Section 4(a) ofthe Act, 7 U.S.C. § 6(a) 

(2018), applies to such an agreement, contract, or transaction "as if the agreement, contract, or 

transaction was a contract of sale of a commodity for future delivery." 

Section 4(a) ofthe Act makes it unlmvful for any person to offer to enter into, enter into, 

execute, confirm the execution of, or conduct an office or business in the United States for the 

purpose of soliciting, or accepting any order for, or otherwise dealing in any transaction in, or in 

connection with, a commodity futures contract, unless such transaction is made on or subject to 

the rules ofa board of trade that has been designated or registered by the CFTC as a contract 

market for the specific commodity. 

Kraken offered to enter into, entered into, executed, and/or confirmed the execution of 

margined or leveraged retail commodity transactions \Vith non-ECP U.S. residents that did not 

result in actual delivery \Vithin 28 days. These margined or leveraged retail commodity 

transactions were not conducted on or subject to the rules of a board of trade that has been 

designated or registered by the CFTC as a contract market. Kraken therefore violated Section 

4(a) ofthe Act. 

B. Respondent Operated as an Unregistered Futures Commission Merchant in 

Violation of Section 4d(a)(l) of the Act 

Section la(28) ofthe Act, 7 U.S.C. § la(28) (2018), in relevant part, defines an FCM as 

any individual, association, partnership, corporation or trust that engages in soliciting or in 

accepting orders for or acting as a counterparty in "any agreement, contract, or transaction 

described in... section (2)(c)(2)(D)(i)" and, in connection therewith, '·accepts any money ... or 

property ( or extends credit in lieu thereof) to margin... trades or contracts that result or may 

result therefrom." Section 4d(a)(]) ofthe Act, 7 U.S.C. § 6d(a)(]) (2018), in pertinent part, 

makes it unlmvful for any person to act as an FCM unless registered \Vith the Commission as an 

FCM. 

As described above, Kraken, while not registered as an FCM, acted as an FCM as defined 

in Section la(28) ofthe Act by accepting orders for and entering into retail commodity 

transactions \Vith customers, and accepting money or property (or extending credit in lieu 

thereof) to margin these transactions. Therefore, Respondent violated Section 4d(a)(l) ofthe 

Act. 

4 
IV. FINDINGS OF VIOLATION 

Based on the foregoing, the Commission finds that, during the Relevant Period, 

Respondent violated Sections 4(a) and 4d(a)(]) of the Act. 7 U.S.C. §§ 6(a). 6d(a)(]) (2018). 

V. OFFER OF SETTLEMENT 

Respondent has submitted the Offer in which it, without admitting or denying the 

findings and conclusions herein: 

A. AcknO\vledges service of this Order; 

B. Admits the jurisdiction of the Commission \Vith respect to all matters set forth in this 

Order and for any action or proceeding brought or authorized by the Commission based 

on violation of or enforcement of this Order; 

C. Waives: 

1. The filing and service of a complaint and notice of hearing; 

2. A hearing; 

3. All post-hearing procedures; 

4. Judicial revie\v by any court; 

5. Any and all objections to the participation by any member of the Commission's 

staff in the Commission's consideration ofthe Offer; 

6. Any and all claims that it may possess under the Equal Access to Justice Act, 

5 U.S.C. § 504 (2018) and 28 U.S.C. § 2412 (2012). and/or the rules promulgated 

by the Commission in confom1ity therewith, Part 148 ofthe Commission's 

Regulations, 17 C .F .R. pt. 148 (2019), relating to, or arising from, this proceeding; 

7. Any and all claims that it may possess under the Small Business Regulatory 

Enforcement Fairness Act of 1996. Pub. L. No. 104-121. tit. II.§§ 201-253. 

110 Stat. 847. 857-74 (codified as amended at 28 U.S.C. § 2412 and in scattered 

sections of 5 U.S.C. and 15 U.S.C.), relating to, or arising from, this proceeding; 

and 

8. Any claims of Double Jeopardy based on the institution of this proceeding or the 

entry in this proceeding of any order imposing a civil monetary penalty or any 

other relief, including this Order; 

D. Stipulates that the record basis on which this Order is entered shall consist solely of the 

findings contained in this Order to \Vhich Respondent has consented in the Offer; 

5 
E. Consents, solely on the basis ofthe Offer, to the Commission's entry ofthis Order that: 

1. Makes findings by the Commission that Respondent violated Sections 4(a) and 

4d(a)(]) of the Act, 7 U.S.C. §§ 6(a), 6d(a)(]) (2018); 

2. Orders Respondent to cease and desist from violating Sections 4(a) and 4d(a)(l) of 

the Act; 

3. Orders Respondent to pay a civil monetary penalty of$1,250,000 (one million two 

hundred and fifty thousand dollars) \Vithin thirty days of the date of entry ofthis 

Order, plus post-judgment interest if applicable; 

4. Orders Respondent and its successors and assigns to comply with the conditions 

and undertakings consented to in the Offer and set forth below in Part VI ofthis 

Order. 

Upon consideration, the Commission has determined to accept the Offer. 

VI. ORDER 

Accordingly, IT IS HEREBY ORDERED THAT: 

A. Respondent shall cease and desist from violating Sections 4(a) and 4d(a)(l) ofthe Act, 

7 U.S.C. §§ 6(a), 6d(a)(]) (2018). 

B. Respondent shall pay a civil monetary penalty in the amount of S 1,250,000 ( one million 

two hundred and fifty thousand dollars) (the '·CMP Obligation"), within ten days of the 

date of entry ofthis Order. If the CMP Obligation is not paid in full within ten days of 

the date of entry ofthis Order, then post-judgment interest shall accrue on the CMP 

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 ofthis Order pursuant to 28 U.S.C. 

§ 1961 (2012). 

Respondent shall pay the CMP Obligation and any post-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 be]O\v: 

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 

6 
If payment is to be made by electronic funds transfer, Respondent shall contact Marie 

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

fully comply \Vith those instructions. Respondent shall accompany payment of the CMP 

Obligation with a cover letter that identifies the Respondent and the name and docket 

number ofthis proceeding. Respondent shall simultaneously transmit copies ofthe cover 

letter and the form of payment to the Chief Financial Officer, Commodity Futures 

Trading Commission, Three Lafayette Centre, 1155 21st Street, NW, Washington, DC 

20581. 

C. Respondent shall comply with the following conditions and undertakings set forth in the 

Offer: 

1. Public Statements: Respondent agrees that neither it nor any of its successors and 

assigns, agents or employees under its authority or control shall take any action or 

make any public statement denying, directly or indirectly, any findings or 

conclusions in the Order or creating, or tending to create, the impression that the 

Order is without a factual basis; provided, however, that nothing in this provision 

shall affect Respondent's: (i) testimonial obligations; or (ii) right to take legal 

positions in other proceedings to \Vhich the Commission is not a party. 

Respondent and its successors and assigns shall comply \Vith this agreement, and 

shall undertake all steps necessary to ensure that all of its agents and/or 

employees under its authority or control understand and comply with this 

agreement. 

2. Prevention of Unlawful Trading: Respondent shall implement and maintain 

systems and procedures reasonably designed to prevent margined or leveraged 

trading on Respondent's trading platfonn by U.S. residents who are not eligible 

ECPs. Such systems and procedures shall be implemented on or before June 23, 

2021, and all existing open margined or leveraged positions held by U.S. residents 

who are not ECPs shall be closed on or before July 21, 2021. 

3. Partial Satisfaction: Respondent understands and agrees that any acceptance by 

the Commission of any partial payment of Respondent's CMP Obligation shall 

not be deemed a waiver of its obligation to make further payments pursuant to this 

Order, or a waiver ofthe Commission's right to seek to compel payment of any 

remaining balance. 

4. Change of Address/Phone: Until such time as Respondent satisfies in full its 

CMP Obligation as set forth in this Order, Respondent shall provide \Vritten 

notice to the Commission by certified mail of any change to its telephone number 

and mailing address within ten calendar days of the change. 

5. Until such time as Respondent satisfies in full its CMP Obligation, upon the 

commencement by or against Respondent of insolvency, receivership or 

bankruptcy proceedings or any other proceedings for the settlement of 

Respondent's debts, all notices to creditors required to be furnished to the 

7 
Commission under Title 11 of the United States Code or other applicable law with 

respect to such insolvency, receivership, bankruptcy or other proceedings, shall be 

sent to the address below: 

Secretary of the Commission 

Legal Division 

Commodity Futures Trading Commission 

Three Lafayette Centre 

1155 21st Street N.W. 

Washington, DC 20581 

The provisions of this Order shall be effective as of this date. 

By the Commission. 

feμ-~ 

Robert N. Sidman 

Deputy Secretary of the Commission 

Commodity Futures Trading Commission 

Dated: September 28, 2021 

8 
Your form was submitted to FINRA successfully. Please print this form now if you wish to retain a copy for 

your records. 

Filing ID:l)~])~],r, !{Please retain this number for further inquiries regarding this form) 

Submitted Date: l(bl(6l (bl(7J(CJ I 

FINRA is responsible for determining whether brokerage firms and associated persons are in compliance with the federal 

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Please understand that we are not representing you individually in this matter. There is no assurance that any action will result 

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additional Information about FINRA's Dispute Resolutions programs. or to start an arbitration or mediation, please visit the 

Arbitration & Mediation section of the FINRA Web site at: hltQ://www.f1nra.org/Arb1trat1onMed1at1on/1ndex.htm . 

My complaint 

FINRA Investor Complaint Form 

All fields marked with* are mandatory. 

Tell us about your Investment 

Security Name Ripple Security Symbol XRP 

Security Type* Other Security Type 

Date andfor Period of Activity 

From Date* (MM/00/YYYY) 12/06/2017 To Date* (r,,·1M/DD/YYYY) 01/19/2018 

Tell us about your Complaint 
What type of problem(s) are you Reporting? 

Primary Problem * Other Secondary Problem Other 

Amount in Dispute l/~~/~Lci 

If your complaint involves a retirement account, please select the type of account: 

I Defined Contribution Plan 

An employer sponsored retirement plan wherein a certain amount or percenlane of money 1s set aside by the employer and/or 

the employee for the benefit of !he employee (e.g. 401 (kl, 403ib)). 

!Defined Benefit Plan 

An employer spor1sored retirement plan such as a pension plan H1at offers a specific monthly benefit upon retirement The 

amount is determined based on the plan's formula which would consider employee salary and tenure. 

l1ndiv1dual Retirement Account (IRA) 

/\ self-directed retirement plan estahl1shed by an 1nd1v1dual: includes Trad1t101711I IR/\s ;ind Rotl1 IR/\s. 

!Keogh Plan 

A retirement plan established by self-employed 1r1d1viduals for H1emselves cmd Hie1r employees. It can be a def1ried-ber1ef1t or a 

defined-contribut1on plan 

I Simplified Employee Pension (SEP) 

A SEP plan is a type of IRA account that is established by an employer or self-employed individual 

I SIMPLE Plan 

A s1r,.,.1PLE plan (Savings Incentive Milich Pl;in for Employees of Small Employers) is another type of retirement pl;in that is 

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Complaint Summary 

Please provide a summary of your complaint. Summary is limited to 3800 characters. * 

Do not provide personal confidential information such as financial account numbers, Social Security numbers, or driver's 

license information. Such information will be requested by FINRA staff only when and if needed, and at the appropriate 

time. 

Hello, I am using a crypto currency exchange, Kraken (owned by Payward, Inc a San Francisco based business). I have 

registered with the exchange and have been purchasing Ripple crypto currency with no issues, however, the company has not 

been responding to any of my support tickets with respect lo the issue of being verified @ Tier 3. Tier 3 verification is needed is 

purchase crypto through your bank account and more importantly, ii is required so that I can sell and cash out my money. I have 

sent more than 5/6 tickets asking for updates for over 6 weeks and no one is responding. This company doesn't care obviously. I 

need some hel ettin them to com lete the verification process so that I can cash out my money. l(b)(6) (b)(7)(C) I 

b)(6) (b)(7)(C) 

Documentation 

What documentation are you able to provide? 

ITrade Confirmation 

!Monthly Account Statement 

I Canceled Checks 

I Correspondence to and from Firm 

I Advertising or Marketing Materials 

I Notes of Conversations with Firm 
rsubscript1on Agreement 

P0ther 

Please explain. * Emails of them acknowledging the submitted trouble tickets. 

Click here to attach your document 

Please describe any other documentation you may have but cannot upload (for example: documents in hard copy). 

The document description is limited to 250 characters. 

Tell us about the firm 

FINRA Investor Complaint Form 

All fields marked with* are mandatory. 

Tell us about the firm or entity about which you have a complaint 

Click on "Add New", then type part of the firm name to see a list of FINRA registered firms. * 

1. 1. Brokerage Firm 

Type the firm CRD number or part of the firm name to list the firm If the firm is registered with FINRA, you will be able to select it 

from the drop down. If you do not see the firm in the list, please type the firm name in the boxes below 

Enter Firm Name or CRD Number: 

Kraken 

Firm Name:* 

Kraken (opperated by Payward, Inc.) 

CRD Number: 

Tell us about the individual about whom you have a complaint 

Was your salesperson or another individual involved in the conduct that is the subject of your complaint?* 

r Yes 

< No 

r. I did not use a salesperson 
Contacts and actions taken 

FINRA Investor Complaint Form 

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within the space available below. Further details will be gathered later in the complaint process, if needed. 

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(b)(6) (b)(7)(C) 

Other Regulatory Contact 

Have you contacted any other regulators?* 

r Yes r+ No 

Arbitration 

Have you filed an arbitration claim?* 

r Yes r+ No 

Legal Action Taken 

Have you taken legal action?* 

r Yes r+ No 

May we contact you? 

FINRA Investor Complaint Form 

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Tell us about yourself 

All complaint information will be treated 111 confidence to the fullest extent possible. However. FINRA cannot guarantee that during 

the course of a related investigation or possible prosecution of the matter the source of the complaint will not become known. Unless 

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to gather addItIonal details. 

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more information? 

(b)(6) (b)(7)(C) 

Click on "Add New", then enter a phone number. 

Are you active, or have recently been active, in the United States Military?* 

l(b)(6) (b)(7)(C) 

Please select the age range that corresponds to you: * 

l(b)(6) (b)(7)(C) 

<C.2018FISRA. Sllcghts rasmad 

S1temap Privacy Legal 
Confirmation Number: 1(bl(5l (bl(7J(CJ 

Submission Received: 

~---------~ 

UNITED STATES 

COMMODITY FUTURES TRADING COMMISSION 

Washington, D.C. 20581 

Filed Complaint with the CFTC Division of Enforcement 

1. WHICH CATEGORY(IES) BEST DESCRIBE YOUR COMPLAINT 

A. Fraudulent repre~entation~ that per~uaded you to trade futures. options, swap~. forex, or leveraged tran~action~. 

If a rate of return was promised to you. what was the rnte of return? 

Annual, Monthly Other periodic hasis 

Were promised that the risk of loss trading futures was limited? Yes. No 

Were you offered a money back guarantee'1 Ye~. 

Were you told something ahout the experience of the per~on(s) trading your fund~ that you later found out was untrue? Yes, No 

If yes, what were you told? 

If none of the above. describe whnt you were told that you now believe to be untrue. 

Ar.: then: other pot.::ntial viuims that you know of? Please identify. 

Did lhe conduct occur within the L:nited States? Ye~, Nu 

If not, where did it occur'! 

B. Some type or cheating or fraud that occurred after you had deposited funds to trade futures. optiom, swaps. furcx, retail 

commodity, or leveraged transactions (for example, if ~omeone used the funds you deposited lo pay off someone ebe or you have asked 

for lhe return of your funds and have been refused). 

!Iave you asked for the return of your fund~? Yes, No 
To your knowledge, are there any funds remaining? Yes, No 

If so, how much? 

Do you know the name of the futures commission merchant that processed the tr.ides'! Yes. No 

If yes, please identify. 

Are there other potential victim~ that you know of! Yes, No 

Please identify 

Did the conduct occur within the L:nited Stah:s? No 

If not, where did it occur'! 

C. Someone or some firm that ~hould be registered under the Commodity Exchange Act, but is not. 

Describe the conduct that you believe requires the per~on or firm to be regi~tered under the CEA. 

Did the conduct occur within the Cnited States'! Yes, No 

If not. where did it occur? 

D. Di~ruplive or manipulative trading activity in the future~, options or swaps markc\s 

Whal is the source or your bdid that someone or some entity ha~ engaged in either a disruptive trading practice or manipulative 

activity? 

On what day~. and if you know, what time of day, did the alleged conduct occur? 
On what exchange or market did the activity occur? 

What price~, if any, were aft'ected by the alleged conduct? 

Did the conduct occur within the L:nited States? Yes, No 

If not. where did it occur'! 

E. The trading of futures options, or ~waps based upon confidential information hy someone not allowed to me ~uch information 

Was the confidential information held or created hy the Federal Government? No 

If yes, which of the following apply: 

Did the Federal Government gcn.::rally di~s.::minate the information prior to the allcg.::d trading activity? Y.::s, No 

Did a Federal .::mploy.::.:: or ag.::nl us.: the information lo trade a future~ contract. an opliom contract. or a ~wap? Y.::s, No 

Did a Federal .::mploy.::.:: or ag.::nl provid.:: the confid.::nlial information to someone else that this other person could trade a 

futures contract. an options contract, or a swap'! Yes, l\"o 

Did ~omconc ~teal the confidential information and use it lo trade a futures contract, an options contract or a swap? 

Yes, No 

Did the confidential information belong to a per~on or a firm'! 

If yes, identify that person or firm with contact information. 

Did the conduct occur within the Cnited States'! Yes, No 

If not, where did it occur? 

If your complaint docs not fit into any of the above-described cat.::gories pica~.: describe below. 

COMPLAil\"T CLOSEST TO OPTIOI\" A. WE DO NOT TRADE USING LEVERAGE, BUT KRAKEN OFFERS TIIIS TYPE OF 

TRADll\"G TO ITS CUSTOMERS. 

2. Ilav.:: you ~uffrrcd a monetary lo~~? ~ Yes. D :'.'-Jo 
If yes, describe how much. 

ROUGHLYl(b)(B) (b)(7)(C) IDIFFICULT TO ESTIMATE DUE TO HIGH VOLATILITY MARKETS 

3. When did the alleged conduct occur'! 

JUNE 19TH. 2018 :'vIAY 24TH. 2018 APRIL 3RD, 2018 JA::-,./UARY 29TH, 2018 SEVERAL OTHER OCCL:RRE::-,./CES IN 2017 

4. ls the conduct on-going? [8J Ye~, D :-.Jo 

5. Has the individual or firm who engaged in the conduct acknowledged their fault'! [8J Ye~, D No 

(i. Ilav.:: you or anyon.:: else taken any action agaiml lb.: firm or person who engaged in lb.: alleged conduct? [8J Yes, D l\"o 

If yes, ~elect the appropriate category: 

Prior complaint to lhe CFfC [8J 

Complaint to another regulator D. 

A state or federal criminal law enforcement entity. [8J 

A legal action filed against the person or firm in a court of law. D 

Additional comments based on above selection (e.g .. Who. When. Contact. To whom made, Case !\"umber, Court) 

1:-.JFORMATION BASED ON ARTICLE FROM "THE WALL STREET JOUR:-.JAL'', TRADl:-.JG DATA OF KRAKE:-.J DEMAl\'DED 

BY CFfC&DOJ IN INVESTIGATIOI\" IN ILLICIT TRADll\"G PRACTICES 

7. Provide a hrief description about what you are complaining ahout. 

PRESEl\'TATIO:-.J OF FALSE Al\'D/OR MANIPULATIOI\' OF OHLC DATA OF SEVERAL :\1ARKETS O:-.J KRAKEN'S 

PLATFORM. SA:\1E FALSE DATA IS SLPPLIED TO 1RD PARTIES TOO. 

2. TELL US ABOUT THE INDIVIDUAL AND/OR FIRM YOU ARE COMPLAINING ABOUT 

INDIVIDUAL/FIRM 1: 

1. Type: Individual Firm Individual/Firm Name 

KRAKEN (PA YWARD, INC.) 

Title that best describes what you are complaining about 

Other 

If you are complaining about a firm or individual that has custody or control of your investments, have you had difficulty contacting 

that entity or individual'! Yes. No. L:nknown 

2. Individual/Firm Street Address: Suite/Apartment/Unit# 

548 MARKET STREET SL:ITE 39656 

3. City: Stale/Province ZIP/Postal Code Country 

SAi\" FRANCISCO CALIFOR::-,./IA CA 94104-5401 U::-,./ITED ST AES OF A:'vIERICA 
4. Ilomc Phone: Work Phone: Mobik Phone: Other Number: 

+ I 650-434-2889 

5. E-mail Address: Web~ilc Addrc~~: 

LEGAL@KRAKEN.C0:\1 WWW.KRAKEN.C0:\1 

6. Are you or \Vere you a~sociated with the individual or firm when the alleged conduct occurred? Yes, Lnknov,,n 

7. How are you or were you associated with the individual or form you are complaining about? Describe 

WE ARE CUSTOMERS. AFTER 1:-.JITIAL CONTACT ABOUT THE COMPLAl:-.JT, KRAKEN IS NOT ANSWERING TO 

FOLLOW-LP EMAILS ABOUT THE PROBLEM. 

What was the initial form of contact hetween you and the person against whom you are filing thi~ complaint? 

Email 

If Other, please explain 

3. TELL US ABOUT YOU 

Are you ~uhmitting thi~ tip, complaint or referral anonymously? Being ahle to contact you for further information or clarification may 

he helpful Yes, No 

Are you represented by an attorney in connection with your submi~~ion? Yes, 

COMPLAINANT INFORMATION 

Title Mr., Mrs.. 

b)(6) (b)(7)(C) 

4. TELL US ABOUT THE INSTRUMENTS INVOLVED IN YOUR COMPLAINT 

D A futures contract, including a single ~tock futures contract, a narrow hased or broad hased security future contract. 

D An option on a future~ contract, an option on a commodity, BUT NOT an option on a ~ecurily or a ba~kct of securities. 
D A swap, including a mixed swap BLT NOT a ~wap hased on a single ~ecurity or ha~ed on a narrow (i.e., nine or le~s) index of 

securities. 

LSI A fur.::ign cuncncy transaction 

If checked. 

Ar.: you an individual that trade~ or invests more than $10,000.000 on a discrcliunary basis? D Yes, LSI Nu 

Are you an individual that trades or inve~t~ more than $5,000.000 and enter~ into the foreign currency agreement to manage the ri~k 

a~~ociated with some other a~~et or liability'! D Ye~. LSI :-.Jo 

D A commodity trnnsaction cntcr.::d into or offrrcd on a lcv.::raged or margined basis. or financed by the offrror. th.: count.::rparty. or 

someone acting in conc.::rt with the offcror or counterparty 

If checked, 

Are you an individual that trades or inve~t~ more than $10.000,000 on a di~cretionary basis'! D Ye~. D No 

Are you an individual that trades or inve~t~ more than $5,000.000 and enter~ into the foreign currency agreement to manage the risk 

a~~ociated with some other a~~et or liability'! D Yes. D No 

D A cash (or physical) contrnct traded in interstate commerce. 

LSI I agree to the collection, processing. use and disclosure of my per~onal information as ~tated in the Privacy Act Statement and the 

privacy policy for www.cttc.gov. 
U.S. COMMODITY FUTURES TRADING COMMISSION 

WASHINGTON, D.C. 20581 

Statement to Persons Providing Information about Themselves to 

the Commodity Futures Trading Commission 

This document sets forth your legal rights and responsibilities as a person requested to supply 

information about yourself voluntarily, as a person with recordkeeping obligations under the 

Commodity Exchange Act or CFTC regulations or as a person directed to provide sworn testimony or 

produce documents pursuant to a subpoena of the Commodity Futures Trading Commission. When 

applicable, this statement also provides important information about the deposition process for 

persons providing testimony. Unless stated otherwise, the information below applies whether you are 

providing information voluntarily, pursuant to the recordkeeping obligations of a registrant, or 

pursuant to subpoena. 

FALSE STATEMENTS AND DOCUMENTS 

Any person who knowingly and willfully makes false or fraudulent statements, whether under oath or 

otherwise, or who falsifies, conceals or covers up a material fact, or submits any false writing or 

document, knowing it to contain false, fictitious or fraudulent information, is subject to the criminal 

penalties set forth in 18 U.S.C. § 1001 which include imprisonment of not more than five years, 

imposition of a substantial fine under the Federal Sentencing Guidelines, or both. 

It shall also be unlawful for any person to make any false or misleading statement of a material fact to the 

Commission, including in any registration application or any report filed with the Commission under this 

Act, or any other information relating to a swap, or a contract of sale of a commodity in interstate 

commerce, or for future delivery on or subject to the rules of any registered entity, or to omit to state in 

any such statement any material fact that is necessary to make any statement of a material fact made not 

misleading in any material respect, if the person knew, or reasonably should have known, the statement 

to be false or misleading, as set forth in the Dodd-Frank Wall Street Reform and Consumer Protection Act 

of 20"10, Pub. L. No. 111-203, Title VII (the Wall Street Transparency and Accountability Act of 20"10), 

§753, 124 Stat. 1376 (enacted July 21, 201 0), to be codified at 7 U.S.C. §§ 9, 15. 

PRIVACY ACT 

To restrict unauthorized dissemination of personal information, the Privacy Act of 1974, 5 U.S.C. § 552a, 

limits an agency's ability to disclose such information. 1 Under the Privacy Act, the Commission may 

lndIvIduals should refer to the full text of the Privacy Act, 5 U.S.C. § 552a(b), to the Commission's rules, 17 C.F.R. 146, and the 

CFTC's compilation of System of Record Notices, 76 Fed. Reg. 5974 (Feb. 2, 2011) for a complete list of authorized disclosures and 

coverage of the Act. Only those disclosures arising most frequently are mentioned in this document 

1 
disclose protected information as follows: when the individual to whom the record pertains consents in 

writing; when officers and employees of the Commission need the record to perform their duties; when 

required by the terms of the Freedom of Information Act, 5 U.S.C. § 552; or when disclosure is for a 

"routine use" (i.e., one compatible with the purpose for which the information was collected). 

The Privacy Act also requires that, in certain situations, individuals requested to provide information 

about themselves receive notice of the following: 

I. AUTHORITY FOR SOLICITATION OF INFORMATION. 

a. Recordkeeping for Registered Persons. Sections 4f, 4g, and 4n of the Commodity 

Exchange Act, 7 U.S.C. § 6f, 6g, 6n, and Commission Rules U 2, 1.18, I .31, I .33, 1.34, 

1.35, 1.37, 1.55,3.12,4.23,4.32,32.7, and 33.7, 17 C.F.R. §§ 1.12, 1.18, 1.31, 1.33, 1.34, 1 .35, 

1.37, I .55,3.12,4.23,4.32,32.7,33.7, require Registered Persons to keep records and 

reports of transactions and positions in commodities for future delivery on any board of 

trade in the United States or elsewhere. Registered Persons must also keep books and 

records pertaining to such transactions (including daily trading records, customer records, 

and information concerning volume of trading) in the form and manner and for such period 

of time required by the Commission. All such books and records must be made available for 

inspection by any representative of the Commission or Department of Justice. 

b. Recordkeeping for Members of a Registered Entity. Commission Rules 1.31, 1.35 and 1.37, 

17 C.F.R. §§ 1.31, 1.35, 1.37, require Members of a Registered Entity to keep records and 

reports of transactions and positions in commodities for future delivery and options on any 

board of trade in the United States or elsewhere, as well as cash commodities. Members of a 

Registered Entity must also keep books and records pertaining to such transactions 

(including daily trading records, customer records, and information concerning volume of 

trading) in the form and manner and for such period of time required by the Commission. All 

such books and records must be made available for inspection upon request by any 

representative of the Commission or the Department of Justice. Commission Rule 1 .40, 17 

C.F.R. § 1,40 requires each Member of a Registered Entity to furnish to the Commission 

certain reports concerning crop or market information or conditions that affect or tend to affect 

the price of any commodity. 

c. Recordkeeping for Large Traders. Section 4i of the Commodity Exchange Act, 7 U.S.C. § 6i, 

and Commission Rules 1.31 and 18.05, 17 C.F.R. §§ 1.31, 18.05, require Large Traders to 

keep books and records showing, among other things, all details concerning all positions and 

transactions in the commodity, and in its products and by-products, whether executed through 

a contract for future delivery, an option contract or a cash contract, and whether such contract 

is executed through a board of trade, an exempt commercial market, an exempt board of 

trade, a foreign board of trade or an over-the-counter transaction. All such books and records, 

and pertinent information concerning the underlying positions, transactions or activities, must 

be made available for inspection in a form acceptable to the Commission upon request by any 

representative of the Commission. 

d. Investigations. Sections 6(c) and B(a) of the Commodity Exchange Act, 7 U.S. C. §§ 15, 

I 2(a), and Commission Rule 1"1 .2, 17 C.F .R. § 11.2, authorize the Commission to conduct 

investigations. In the course of any investigation or proceeding, the Commission or an officer 

designated by the Commission may administer oaths and affirmations, subpoena witnesses, 
compel their attendance, take evidence, require production of documents, and secure 

voluntary statements or submissions. 

2. PURPOSE OF SOLICITATION OF INFORMATION. The Commission's principal purpose in 

soliciting information from you is to determine whether any person has violated, is violating, or is 

about to violate the Commodity Exchange Act or the rules and regulations thereunder. In certain 

circumstances, the Commission may be obtaining information at the behest of a foreign futures 

authority under§ 12(1) of the Commodity Exchange Act, 7 U.S.C. § 16(1). 

3. EFFECT OF NOT SUPPLYING INFORMATION. 

a. Persons Directed to Provide Testimony or Produce Documents Pursuant to Subpoena. 

Disclosure of information to the Commission is mandatory, subject to the valid assertion of 

any legal right or privilege you might have. If you fail to comply with the subpoena, the 

Commission may seek a court order requiring you to do so. If the Commission obtains such 

an order and you thereafter fail to supply the information, you may be subject to civil and/or 

criminal sanctions for contempt. 

b. Persons Requested to Provide Information Voluntarily. There are no direct effects or 

sanctions for failing to provide any or all of the requested information. If you do provide 

information, however, you should note the sanctions for false statements and documents 

described above. 

c. Registered Persons. Disclosure of requested books or records is mandatory pursuant to the 

provisions listed in paragraph I.a. Failure to submit or make available for inspection the 

requested information constitutes a violation of the Commodity Exchange Act and 

Commission Regulations and may result in any or all of the following under Sections 6c or 

6(c) of the Commodity Exchange Act, 7 U.S.C. §§ 13a-l, 9: 

1) Institution of an action by the Commission to enjoin such a violation or enforce 

compliance; 

2) Upon proper showing, granting of a temporary or permanent injunction or 

restraining order without bond; 

3) Upon application by the Commission, issuance of writs of mandamus or orders offering 

like relief commanding compliance with the Commodity Exchange Act; 

4) Imposition of a civil penalty of not more than $110,000 for each violation or such higher 

inflation adjusted amount as provided by Regulation 143.8, 17 C.P.R. § 143.8; 

5) At the request of Commission, institution of an action by the Attorney General; 

6) Prohibition of trading on or subject to the rules of a contract market; 

7) Suspension or revocation of registration with the Commission; 

8) Required payment of restitution to customers for damages proximately caused by 

violations; 
9) Entry of a cease and desist order; 

10) Imposition of a restraining order prohibiting you from destroying, altering or disposing of, 

or refusing to allow authorized representatives of the Commission to inspect, when and 

as requested, such books, records or other documents; and 

11) Imposition of a restraining order prohibiting you from withdrawing, transferring, 

removing, dissipating or disposing of any funds, assets or other property. 

4. ROUTINE USES OF INFORMATION. The Commission often makes its files available to other 

governmental agencies, particularly United States Attorneys and state prosecutors. There is a 

likelihood that information supplied by you will be made available to such agencies where 

appropriate. Whether or not the Commission makes its files available to other governmental 

agencies is, in general, a confidential matter between the Commission and such other 

government agencies. Information which you provide may be used in the routine operation of the 

Commission, which includes law enforcement; review of legislative and regulatory proposals, 

regulation of the commodity futures markets, and review of reports and documents filed with the 

Commission. 

Specific routine uses include the following: 2 

a. Information may be used by the Commission in any administrative proceeding before the 

Commission, in any injunctive action authorized under the Commodity Exchange Act or in any 

other action or proceeding in which the Commission or its staff participates as a party or the 

Commission participates as amicus curiae. 

b. Information may be disclosed to the Department of Justice, the Securities and Exchange 

Commission, the United States Postal Service, the Internal Revenue Service, the Department 

of Agriculture, the Office of Personnel Management, and to other Federal, state, local, 

territorial or tribal law enforcement or regulatory agencies for use in meeting their statutory and 

regulatory requirements. 

c. Information may be given to any "registered entity," as defined in section 1 a of the Commodity 

Exchange Act, 7 U.S.C. 1, et seq. ("the Act"), if the Commission has reason to believe that 

such information will assist the registered entity in carrying out its responsibilities under the 

Act. Information may also be given to any registered futures association registered under 

section 17 of the Act (e.g., the National Futures Association) to assist it in carrying out its selfregulatory responsibilities under the Act, and to any national securities exchange or national 

securities association registered with the Securities and Exchange Commission to assist those 

organizations in carrying out their self-regulatory responsibilities under the Securities 

Exchange Act of 1934, 15 U.S.C. 78a, et seq. 

d. At the discretion of the Commission staff, information may be given or shown to anyone during 

the course of a Commission investigation if the staff has reason to believe that the person to 

whom it is disclosed may have further information about the matters discussed therein, and 

those matters appear relevant to the subject of the investigation. 

e. Information may be included in a public report issued by the Commission following an 

investigation, to the extent that this is authorized under section 8 of the Commodity Exchange 

Act, 7 U.S.C. 12. Section 8 authorizes publication of such reports but contains restrictions on 

the publication of certain types of sensitive business information developed during an 

investigation. In certain contexts, some of this information might be considered personal in 

nature. 

See CFTC compilation of System of Record Notices, including routine uses, at 76 Fed. Reg 5974 (Feb. 2 2011),. 2 
I. Information may be disclosed to a Federal agency in response to its request in connection with 

the hiring or retention of an employee, the issuance of a security clearance, the reporting of an 

investigation of an employee, the letting of a contract or the issuance of a license, or a grant or 

other benefit by the requesting agency, to the extent that the information may be relevant to 

the requesting agency's decision on the matter. 

g. Information may be disclosed to a prospective employer in response to its request in 

connection with the hiring or retention of an employee, to the extent that the information is 

believed to be relevant to the prospective employer's decision in the matter. 

h. Information may be disclosed to any person, pursuant to Section 12(a) of the Commodity 

Exchange Act, 7 U.S.C. 16(a), when disclosure will further the policies of that Act or of other 

provisions of law. Section 12(a) authorizes the Commission to cooperate with various other 

government authorities or with "any person." 

i. Where information, either alone or in conjunction with other information indicates a violation or 

potential violation of law-criminal, civil, or regulatory in nature-the relevant information may 

be disclosed to the appropriate Federal, state, local, territorial, tribal, or foreign law 

enforcement authority or other appropriate entity charged with the responsibility for 

investigating or prosecuting such violation or charged with enforcing or implementing such 

law. 

j. Information may be disclosed to the General Services Administration for the purpose of 

records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906. 

k. Information may be disclosed to the National Archives and Records Administration for the 

purpose of records management inspections being conducted under the authority of 44 U.S.C. 

2904 and 2906. 

I. Information may be disclosed to foreign law enforcement, investigatory, or administrative 

authorities in order to comply with requirements set forth in international arrangements, such 

as memoranda of understanding. 

m. Information may be disclosed to contractors, grantees, volunteers, experts, students, and 

others performing or working on a contract, service, grant, cooperative agreement, or job for 

the Federal government when necessary to accomplish an agency function. 

n. Information may be disclosed to the Merit Systems Protection Board, including the Office of 

Special Counsel for the purpose of litigation, including administrative proceedings, appeals, 

special studies of the civil service and other merit systems. 

o. Information may be disclosed to the Department of Justice or in a proceeding before a court, 

adjudicative body, or other administrative body which the agency is authorized to appear, 

when: 

i. the agency, or any component thereof; or 

ii. any employee of the agency in his or her official capacity; or 

iii. any employee of the agency in his or her official capacity where the Department of 

Justice or the agency has agreed to represent the employee; or 

iv. the United States, when the agency determines that litigation is likely to affect the 

agency or any of its components; 

is a party to litigation or has an interest in such litigation, and the use of such records by the 

Department of Justice or the agency is deemed by the agency to be relevant and necessary to 

the litigation provided, however, that in each case it has been determined that the disclosure is 

compatible with the purpose for which the records were collected. 

p. Information may be disclosed to a Member of Congress or staff acting upon the Member's 

behalf when the Member or staff requests the information on behalf of, or at the request of, the 

individual who is the subject of the record. 
q. Information related to any traders or the amount or quantity of any commodity purchased or 

sold by such traders may be disclosed to any committee of either House of Congress upon its 

request, acting within the scope of its jurisdiction, pursuant to the Commodity Exchange Act, 7 

U.S.C. I et seq., including Section B(e) of such Act at 7 U.S.C. 12, and the rules and 

regulations promulgated thereunder. 

r. Information may be disclosed to another Federal agency, to a court, or a party in litigation 

before a court or in an administrative proceeding being conducted by a Federal agency, when 

the Government is a party to the judicial or administrative proceeding. 

s. Information may be disclosed to appropriate agencies, entities, and individuals when: 

i. the Commission suspects or has confirmed that the security or confidentiality of 

information in the system of records has been compromised; 

ii. the Commission has determined that as a result of the suspected or confirmed 

compromise there is a risk of harm to economic or property interests, identity theft or 

fraud, or harm to the security or integrity of this system or other systems or programs 

(whether maintained by the Commission or another agency or entity) that rely upon the 

compromised information; and 

iii. the disclosure made to such agencies, entities, and individuals is reasonably necessary 

to assist in connection with the Commission's efforts to respond to the suspected or 

confirmed compromise and prevent, minimize, or remedy such harm. 

FREEDOM OF INFORMATION ACT 

The Freedom of Information Act, 5 U.S.C. § 552, ("FOIA") and the Commission's rules pursuant thereto, 

17 C.F.R. Part 145, generally provide for disclosure of information to the public, unless information falls 

within a specified exemption. Commission Rule 145.9, 17 C.F.R. § 145.9, establishes the procedure by 

which you may request that certain sensitive information not be disclosed pursuant to a FOIA request. 

INFORMAL PROCEDURE RELATING TO THE 

RECOMMENDATION OF ENFORCEMENT PROCEEDINGS 

As a result of facts gathered in an investigation, the Division of Enforcement may decide to propose an 

enforcement action against one or more individuals. Under the Informal Procedure Relating to the 

Recommendation of Enforcement Proceedings,3 the Division of Enforcement, in its discretion, may inform 

persons to be named in such actions of the nature of the allegations pertaining to them. The Division may 

also, in its discretion, advise such persons that they may submit a written statement before the 

consideration by the Commission of any staff recommendation for the commencement of the proceeding. 

Unless otherwise provided, such written statements must be submitted within 14 days after persons are 

informed by the Division of Enforcement of the nature of the allegations pertaining to them. 

SMALL BUSINESS REGULATORY AND ENFORCEMENT FAIRNESS ACT 

Your comments are important. If you wish to comment on the enforcement or regulatory actions of the 

Commodity Futures Trading Commission, please call the Small Business Liaison in the Office of General 

Counsel at (202) 4"18-5120. You may also wish to contact the Small Business and Agriculture Regulatory 

Enforcement Ombudsman, or one of the 1 O Regional Fairness Boards, which were established by the 

3 The Informal Procedure has been adopted as Appendix A to Part 11 of the Commission's Regulations. 17 C.F.R. Part 11 

Appendix A Appendix A more fully sets forth the substantive and procedural provisions of the Informal Procedure. 
Small Business Regulatory and Enforcement Fairness Act. The Ombudsman and Boards receive 

comments from small businesses about federal agency enforcement actions. The Ombudsman will 

annually evaluate the enforcement activities and rate each agency's responsiveness to small business. If 

you wish to contact the Ombudsman to comment on the enforcement actions of the CFTC, please call1-

888-REG-FAIR (1-888-7343247). 
Files Uploaded 

No files were uplonded with this submission. 
f■'""''''1⁄2, Tips, Complaints, and Referrals 

i f View Original - Submitted in TCR 3.0 ' -

0

-'tor,.;."'\' 

(b)(6) (b)(7)(C) 

This PDF was generated on Tuesday, July 31, 2018 at 04:25:16 PM EDT 

The Complaint Form questions that were responded to during the initial submission, the answers entered 

for those questions during the initial submission. and the documents that were uploaded to this TCR 

during the initial submission are listed below. 

What is your complaint about? 

0: Please select the option that best describes your complaint. 

A: General trading practices or pricing issues 

Q: Please select the specific category that best describes your complaint. 

A: Pricing information: inaccurate quotes/pricing information 

Q: In your own words, describe the conduct or situation you are complaining about. 

A: Honored SEC, (bl(6l (bl(7J(CJ 

(b)(6J (b)(7J(CJ on the cryptocurrency exchange "Kraken(www.kraken.com)"which is 

operated by Payward Inc. from San Francisco, USA. Over the past year I encountered a certain problem multiple 

times of which I think that it is a type of market manipulation. Currently, I am not sure which authority I need to 

contact to file a complaint about the following problem. The problem is that Kraken is displaying false OH LC data 

on its trade platform. The reason for this claim is based on the following situation. While trading I noticed that 

dozens of limit orders were not closed even though the OHLC data shows that the limit was clearly passed, and 

therefore these orders should have been closed. This occurred in several markets on different dates over the past 

year, and usually the OHLC data shows a relative large peak at these occurrences. (note: Relative large peaks are 

encountered regularly, and usually trades take place.) On each occurrence I contacted Kraken's support to notify 

them of the problem, and to ask them to close these positons because the OHLC data shows that their limit was 

passed. Each time Kraken denied to take any kind of action using the argument: "The trade data is not correct. 

No trades actually took place in those peaks, therefore we cannot close these orders." Seeing this argument, 

Kraken admits that the OHLC data is false. Therefore, I would think that the OHLC data should be corrected then 

by Kraken, to display the correct trade history and that Kraken should warn customers about these irregularities in 

their markets, thereby preventing misleading trend indicators and their impacts on trading decisions. Nonetheless, 

Kraken never issued a warning customers, nor did they correct the OHLC data after they were informed about the 

problem. Therefore I think it is possible that Kraken might manipulate the markets with false OHLC data. If needed 

I can supply documentation about these occurrences, including Order IDs to provide evidence of open and closing 

times of relevant orders, email communication as well as screenshots of the OHLC data on the occurrences. 

Sincerely, fbJ(6J (b)(7J(CJ I 

Page 1 of 7 
f.■.'""'''_j Tips, Complaints, and Referrals 

·; } View Original - Submitted in TCR 3.0 

-'tor,.;."'\' 

Q: Are you having or have you had difficulty getting access to your funds or securities? 

A: No 

a: Did you suffer a loss? 

A: Yes 

0: Enter amount of loss to nearest dollar without characters (e.g., 15000, not $15,000.00). 

A: !bl(!I J 

0: When did you become aware of the conduct? (mm/dd/yyyy) 

A: 05/23/2017 

Q: When did the conduct begin? (mm/dd/yyyy) 

A: 05/23/2017 

Q: Is the conduct ongoing? 

A: Yes 

Q: Has the individual or firm acknowledged the conduct? 

A: Yes 

Q: How did you learn about the conduct? You may select more than one answer. 

A: Internal business documents 

0: Have you taken any action regarding your complaint? You may select more than one answer. 

A: Complained to firm; Complained to other regulator; Complained to other 

Page 2 of? 
f.■.'""'''_j Tips, Complaints, and Referrals 

·; } View Original - Submitted in TCR 3.0 

-'tor,.;."'\' 

Q: Provide details. 

A: Complaints filed at: Kraken - The exchange CFTC - other regulator. No reply yet. FINRA - other regulator. FINRA 

advised to contact the SEC CME Group - Derivatives market place which uses Kraken among others exchangesfor 

pricing 

Who are you complaining about? 

Subject# 1 

0: Are you complaining about a person or a firm? 

A: Firm 

Q: Select the title that best describes the person or firm that you are complaining about. 

A: Exchange 

Q: Are you or were you associated with the person or firm when the alleged conduct occurred? 

A: No 

Q: Identifier Type 

A: Unknown 

0: Are you a current or former Employee, Officer, Partner, or Employee Director of any entity you are 

complaining about? 

A: No 

0: Are you a current or former Non-Employee Director, Consultant, Contractor or Trustee of any entity you 

are complaining about? 

A: No 

Page 3 of? 
f.■-'""'''_j Tips, Complaints, and Referrals 

·; } View Original - Submitted in TCR 3.0 

-'tor,.;."'\' 

Q: Firm Name 

A: Kraken (Payward Inc.) 

0: Street Address 

A: 548 Market Street 

0: Address (Continued) 

A: Suite 39656 

0: Zip/ Postal Code 

A: CA 94104-5401 

Q: State/ Province 

A: California 

Q: Country 

A: United States 

Q: Work Phone 

A: 650-434-2889 

Q: Email Address 

A: legal@kraken.com 

a: Website 

A: www.kraken.com 

Page 4 of 7 
f.■.'""'''_j Tips, Complaints, and Referrals 

·; } View Original - Submitted in TCR 3.0 

-'tor,.;."'\' 

Q: If the complaint is about an entity or person that has custody or control of your investments, have you 

had difficulty contacting that entity or person? 

A: Yes 

0: Is Primary Subject 

A: Yes 

Which investment products are involved? 

0: Select the type of product involved in your complaint. 

A: Funds (e.g., ETFs, mutual funds, private equity funds, hedge funds) 

0: Please select the category that best describes the security product. 

A: Exchange-traded funds 

0: Enter the ticker symbol, if known. 

A: Several cryptocurrencies 

Q: Enter the product name(s) 

A: BTC, BCH, DASH, ETC, ETH, and more 

About you 

Submitter# 1 

0: Are you filing this tip under the SEC's whistleblower program? 

A: No 

Page 5 of? 
f.■.'""'''_j Tips, Complaints, and Referrals 

·; } View Original - Submitted in TCR 3.0 

-'tor,.;."'\' 

Q: Are you submitting this tip, complaint or referral anonymously? Being able to contact you for further 

information or clarification may be helpful. 

A: No 

0: First Name 

0: Last Name 

A: !bl(!I , 

0: Street Address 

A:jtb)(6) (b)(7)(C) 

Q: Zip/ Postal Code 

A:I!~!!!!, 

Q: City 

A: b)(6) 

h1/71/(;1 

Q: Country 

A: (b)(6) (b)(7)(C) 

Q: Mobile Telephone 

A:l(b)(6) (b)(7)(C) 

0: Email Address 

A:l(b)(6) (b)(7)(C) 

Page 6 of? 
f.■.'""'''_j Tips, Complaints, and Referrals 

·; } View Original - Submitted in TCR 3.0 

-'tor,.;."'\' 

Q: What is the best way to reach you? 

A: Email 

0: Are you represented by an attorney in connection with this matter, or would you like to provide your 

attorney's contact information? 

A: No 

0: Select the profession that best represents you. 

A: Other 

0: For Other, please specify. 

A:jtb)(6) (b)(7)(C) I 

Page 7 of? 
Confirmation Number: rb)(B) (bl(7)(C) 

Submission Received:! 

~-------~ 

UNITED STATES 

COMMODITY FUTURES TRADING COMMISSION 

Washington, D.C. 20581 

Filed Complaint with the CFTC Division of Enforcement 

1. WHICH CATEGORY(IES) BEST DESCRIBE YOUR COMPLAINT 

A. Fraudulent repre~entation~ that per~uaded you to trade futures. options, swap~. forex, or leveraged tran~action~. 

If a rate of return was promised to you. what was the rnte of return? 

Annual, Monthly Other periodic hasis 

Were promised that the risk of loss trading futures was limited? Yes. No 

Were you offered a money back guarantee'1 Ye~. 

Were you told something ahout the experience of the per~on(s) trading your fund~ that you later found out was untrue? Yes, No 

If yes, what were you told? 

If none of the above. describe whnt you were told that you now believe to be untrue. 

Ar.: then: other pot.::ntial victims that you know of? Please identify. 

Did the conduct occur within the L:nitcd States? Ye~, Nu 

If not, where did it occur'! 

B. Some type or cheating or fraud that occurred after you had deposited funds to trade futures. optiom, swaps. furcx, retail 

commodity, or leveraged transactions (for example, if ~omconc used the funds you deposited to pay off someone cbc or you have asked 

for the return of your funds and have been refused). 

!Iavc you asked for the return of your fund~? Yes, No 
To your knowledge, are there any funds remaining? Yes, No 

Ifso, how much? 

WE'VE BEEN LOCKED OUT FROM OLR ACCOUNT, THUS U:-.JFORTLl\"ATELY WE CAN !\"OT CHECK THE EXACT 

AMOLl\"T. WE ASSUME THAT THERE ARE APPROX. CA~EFT. 

Do you know the name of the future~ commis~ion merchant that proces~ed the trade~'! Ye~, No 

If ye~, pica~.: identify. 

Are there other potential victim~ that you know of? Yes, No 

Please identify 

Did the conduct occur within the L:nited States? Yes. No 

If not. where did it occur? 

C. Someone or ~omc firm that should be rcgist.::rcd under lb.: Commodity Exchange Act, but is not. 

Describe the conduct that you believe requires the person or firm to be registered under the CEA. 

Did the conduct occur within the Lnited States? Yes, No 

If nut, where did il occur•J 

D. Disruptive or manipulative trading activity in the futures, option~ or ~wap~ markets 

What is the source of your belief that someone or some entity has engaged in either a disruptive trading practice or manipulative 

activity? 

On what days. and if you know, what time of day. did the alleged conduct occur'! 
On what exchange or market did the activity occur? 

What price~, if any, were aft'ected by the alleged conduct? 

Did the conduct occur within the L:nited States? Yes, No 

If not. where did it occur'! 

E. The trading of futures options, or ~waps based upon confidential information hy someone not allowed to me ~uch information 

Was the confidential information held or created hy the Federal Government? No 

If yes, which of the following apply: 

Did the Federal Government gcn.::rally di~s.::minate the information prior to the allcg.::d trading activity? Y.::s, No 

Did a Federal .::mploy.::.:: or ag.::nl us.: the information lo trade a future~ contract. an opliom contract. or a ~wap? Y.::s, No 

Did a Federal .::mploy.::.:: or ag.::nl provid.:: the confid.::nlial information to someone else that this oth.::r p.::rson could trad.:: a 

futures contrnct. an options contract, or a swap'! Yes, l\"o 

Did ~omconc ~teal the confidential information and use it lo trade a futures contract, an options contract or a swap? 

Yes, No 

Did the confidential information belong to a per~on or a firm'! 

If yes, identify that person or firm with contact information. 

Did the conduct occur within the Cnited States'! Yes, No 

If not, where did it occur? 

If your complaint docs not fit into any of the above-described cat.::gories pica~.: describe below. 

2. Ilav.:: you ~uffrrcd a monetary lo~~? ~ Yes. D :'.'-Jo 
If yes, describe how much. 

tb)(6) (b)(7)(C) 

3. When did the alleged conduct occur'! 

FROM 21ST l\"OV 2018 APPROX 2:50 A.M. UNTIL APPROX. 14:00 P.:\1. CET. 

4. ls the conduct on-going? D Ye~, [8J :-.Jo 

5. Has the individual or firm who engaged in the conduct acknowledged their fault'! D Ye~, [SJ No 

(i. Ilav.:: you or anyon.:: else taken any action agaiml lb.: firm or person who engaged in lb.: alleged conduct? D Yes, l:8J l\"o 

If yes, ~elect the appropriate category: 

Prior complaint to lhe CFfC D 

Complaint to another regulator D. 

A state or federal criminal law enforcement entity. D 

A legal action filed against the person or firm in a court of law. D 

Additional comments based on above selection (e.g .. Who. When. Contact. To whom made, Case !\"umber, Court) 

7. Provide a hrief description about what you are complaining about. 

APPROX. 260TRANSACTIONS II\" 9 HOLRS BY U:-.JKNOW:-.J TRADER VIA OUR ACCOU:-.JT( 81..:TWEEI\" QTUM AND CAD). 

SLFFERED MONETARY LOSS 01\" EACH TRAl\"SACTION. 

2. TELL US ABOUT THE INDIVIDUAL AND/OR FIRM YOU ARE COMPLAINING ABOUT 

INDIVIDUAL/FIRM 1: 

1. Type: Individual Firm Individual/Firm Name 

PAYWARD, INC. 

Title that best describes what you are complaining about 

Other 

If you are complaining about a firm or individual that has custody or control of your investments, have you had difficulty contacting 

that entity or individual'! Yes. No. L:nknown 

2. Individual/Firm Street Address: Suite/Apartment/Unit# 

237 KEAR::-,./Y STREET SL:ITE 102 

3. City: Stale/Province ZIP/Postal Code Country 

SAi\" FRANCISCO CALIFOR::-,./A CA 94108 U::-,./ITED ST ATES 
4. Ilomc Phone: Work Phone: Mobik Phone: Other Number: 

5. E-mail Address: Web~ilc Addrc~~: 

LEGAL@KRAKEN.C0:\1 IIITPS://WWW.KRAKEN.C0:\1 

6. Are you or \Vere you a~sociated with the individual or firm when the alleged conduct occurred? Yes, Lnknov,,n 

7. How are you or were you associated with the individual or form you are complaining about? Describe 

WE ARE A REGISTERED USER FOR THE SERVICES OF KRAKE!\" LLC. OUR PLBLIC ID O:-.J 

(b)(6) (b)(7)(C) 

What was the initial form of contact hetween you and the person against whom you are filing thi~ complaint? 

Email 

If Other, please explain 

3. TELL US ABOUT YOU 

Are you ~uhmitting thi~ tip, complaint or referral anonymously? Being ahle to contact you for further information or clarification may 

he helpful Yes, No 

Are you represented by an attorney in connection with your suhmi~~ion? Yes, 

COMPLAINANT INFORMATION 

Title Mr., Mrs.. 

b)(6) (b)(7)(C) 

ATTORNEY INFORMATION 

Title D Mr., D Mrs., [SJ :\1s. 
(b)(6) (b)(7)(C) 

4. TELL US ABOUT THE INSTRUMENTS INVOLVED IN YOUR COMPLAINT 

D A futures contract. including a single ~tock futures contract. a narrow based or broad based security future contract. 

D An option on a future~ contract, an option on a commodity, BUT NOT an option on a ~.::curily or a ba~kd of securities. 

D A swap, including a mixed swap BLT NOT a ~wap hased on a single ~ecurity or ha~ed on a narrow (i.e., nine or le~s) index of 

securitie~. 

[:8J A foreign currency tran~action 

If checked. 

Are you an individual that trades or inve~t~ more than $1 U.UUU,UUU on a di~cretionary basis'! D Ye~. [:8J No 

Ar.: you an individual that trade~ or invests more than $5,000.000 and enters into the foreign currency agr.::emenl lo manage the ri~k 

associat.::d with some other asset or liabilitv? D Yes. l:8J :'.'Jo 

D A commodity tran~action entered into or offered on a leveraged or margined ba~i~. or financed by the offeror. the counterparty. or 

someone acting in concert with the offeror or counterparty 

If checked. 

Are you nn individunl thnt trndes or invests more than $10.000,000 on a discretionary bnsis? D Yes. D No 

Ar.: you an individual that trade~ or invests more than $5,000.000 and enters into the foreign currency agr.::emenl lo manage the ri~k 

associnted with some other asset or liability'! D Yes. D No 

D A cash (or physical) contract traded in inter~tate commerce. 

[:8J I agree to the collection. processing. use and disclosure of my personal informntion ns stated in the Privncy Act Statement nnd the 

privacy policy for www.cftc.<>ov. 
U.S. COMMODITY FUTURES TRADING COMMISSION 

WASHINGTON, D.C. 20581 

Statement to Persons Providing Information about Themselves to 

the Commodity Futures Trading Commission 

This document sets forth your legal rights and responsibilities as a person requested to supply 

information about yourself voluntarily, as a person with recordkeeping obligations under the 

Commodity Exchange Act or CFTC regulations or as a person directed to provide sworn testimony or 

produce documents pursuant to a subpoena of the Commodity Futures Trading Commission. When 

applicable, this statement also provides important information about the deposition process for 

persons providing testimony. Unless stated otherwise, the information below applies whether you are 

providing information voluntarily, pursuant to the recordkeeping obligations of a registrant, or 

pursuant to subpoena. 

FALSE STATEMENTS AND DOCUMENTS 

Any person who knowingly and willfully makes false or fraudulent statements, whether under oath or 

otherwise, or who falsifies, conceals or covers up a material fact, or submits any false writing or 

document, knowing it to contain false, fictitious or fraudulent information, is subject to the criminal 

penalties set forth in 18 U.S.C. § 1001 which include imprisonment of not more than five years, 

imposition of a substantial fine under the Federal Sentencing Guidelines, or both. 

It shall also be unlawful for any person to make any false or misleading statement of a material fact to the 

Commission, including in any registration application or any report filed with the Commission under this 

Act, or any other information relating to a swap, or a contract of sale of a commodity in interstate 

commerce, or for future delivery on or subject to the rules of any registered entity, or to omit to state in 

any such statement any material fact that is necessary to make any statement of a material fact made not 

misleading in any material respect, if the person knew, or reasonably should have known, the statement 

to be false or misleading, as set forth in the Dodd-Frank Wall Street Reform and Consumer Protection Act 

of 20"10, Pub. L. No. 111-203, Title VII (the Wall Street Transparency and Accountability Act of 20"10), 

§753, 124 Stat. 1376 (enacted July 21, 201 0), to be codified at 7 U.S.C. §§ 9, 15. 

PRIVACY ACT 

To restrict unauthorized dissemination of personal information, the Privacy Act of 1974, 5 U.S.C. § 552a, 

limits an agency's ability to disclose such information. 1 Under the Privacy Act, the Commission may 

lndIvIduals should refer to the lull text of the Privacy Act, 5 U.S.C. § 552a{b), to the Commission's rules, 17 C.F.R. 146, and the 

CFTC's compilation of System of Record Notices, 76 Fed. Reg. 5974 (Feb. 2, 2011) for a complete list of authorized disclosures and 

coverage of the Act. Only those disclosures arising most frequently are mentioned in this document. 

1 
disclose protected information as follows: when the individual to whom the record pertains consents in 

writing; when officers and employees of the Commission need the record to perform their duties; when 

required by the terms of the Freedom of Information Act, 5 U.S.C. § 552; or when disclosure is for a 

"routine use" (i.e., one compatible with the purpose for which the information was collected). 

The Privacy Act also requires that, in certain situations, individuals requested to provide information 

about themselves receive notice of the following: 

I. AUTHORITY FOR SOLICITATION OF INFORMATION. 

a. Recordkeeping for Registered Persons. Sections 4f, 4g, and 4n of the Commodity 

Exchange Act, 7 U.S.C. § 6f, 6g, 6n, and Commission Rules U 2, 1.18, I .31, I .33, 1.34, 

1.35, 1.37, 1.55,3.12,4.23,4.32,32.7, and 33.7, 17 C.F.R. §§ 1.12, 1.18, 1.31, 1.33, 1.34, 1 .35, 

1.37, I .55,3.12,4.23,4.32,32.7,33.7, require Registered Persons to keep records and 

reports of transactions and positions in commodities for future delivery on any board of 

trade in the United States or elsewhere. Registered Persons must also keep books and 

records pertaining to such transactions (including daily trading records, customer records, 

and information concerning volume of trading) in the form and manner and for such period 

of time required by the Commission. All such books and records must be made available for 

inspection by any representative of the Commission or Department of Justice. 

b. Recordkeeping for Members of a Registered Entity. Commission Rules 1.31, 1.35 and 1.37, 

17 C.F.R. §§ 1.31, 1.35, 1.37, require Members of a Registered Entity to keep records and 

reports of transactions and positions in commodities for future delivery and options on any 

board of trade in the United States or elsewhere, as well as cash commodities. Members of a 

Registered Entity must also keep books and records pertaining to such transactions 

(including daily trading records, customer records, and information concerning volume of 

trading) in the form and manner and for such period of time required by the Commission. All 

such books and records must be made available for inspection upon request by any 

representative of the Commission or the Department of Justice. Commission Rule 1 .40, 17 

C.F.R. § 1,40 requires each Member of a Registered Entity to furnish to the Commission 

certain reports concerning crop or market information or conditions that affect or tend to affect 

the price of any commodity. 

c. Recordkeeping for Large Traders. Section 4i of the Commodity Exchange Act, 7 U.S.C. § 6i, 

and Commission Rules 1.31 and 18.05, 17 C.F.R. §§ 1.31, 18.05, require Large Traders to 

keep books and records showing, among other things, all details concerning all positions and 

transactions in the commodity, and in its products and by-products, whether executed through 

a contract for future delivery, an option contract or a cash contract, and whether such contract 

is executed through a board of trade, an exempt commercial market, an exempt board of 

trade, a foreign board of trade or an over-the-counter transaction. All such books and records, 

and pertinent information concerning the underlying positions, transactions or activities, must 

be made available for inspection in a form acceptable to the Commission upon request by any 

representative of the Commission. 

d. Investigations. Sections 6(c) and B(a) of the Commodity Exchange Act, 7 U.S. C. §§ 15, 

I 2(a), and Commission Rule 1"1 .2, 17 C.F .R. § 11.2, authorize the Commission to conduct 

investigations. In the course of any investigation or proceeding, the Commission or an officer 

designated by the Commission may administer oaths and affirmations, subpoena witnesses, 
compel their attendance, take evidence, require production of documents, and secure 

voluntary statements or submissions. 

2. PURPOSE OF SOLICITATION OF INFORMATION. The Commission's principal purpose in 

soliciting information from you is to determine whether any person has violated, is violating, or is 

about to violate the Commodity Exchange Act or the rules and regulations thereunder. In certain 

circumstances, the Commission may be obtaining information at the behest of a foreign futures 

authority under§ 12(1) of the Commodity Exchange Act, 7 U.S.C. § 16(1). 

3. EFFECT OF NOT SUPPLYING INFORMATION. 

a. Persons Directed to Provide Testimony or Produce Documents Pursuant to Subpoena. 

Disclosure of information to the Commission is mandatory, subject to the valid assertion of 

any legal right or privilege you might have. If you fail to comply with the subpoena, the 

Commission may seek a court order requiring you to do so. If the Commission obtains such 

an order and you thereafter fail to supply the information, you may be subject to civil and/or 

criminal sanctions for contempt. 

b. Persons Requested to Provide Information Voluntarily. There are no direct effects or 

sanctions for failing to provide any or all of the requested information. If you do provide 

information, however, you should note the sanctions for false statements and documents 

described above. 

c. Registered Persons. Disclosure of requested books or records is mandatory pursuant to the 

provisions listed in paragraph I.a. Failure to submit or make available for inspection the 

requested information constitutes a violation of the Commodity Exchange Act and 

Commission Regulations and may result in any or all of the following under Sections 6c or 

6(c) of the Commodity Exchange Act, 7 U.S.C. §§ 13a-l, 9: 

1) Institution of an action by the Commission to enjoin such a violation or enforce 

compliance; 

2) Upon proper showing, granting of a temporary or permanent injunction or 

restraining order without bond; 

3) Upon application by the Commission, issuance of writs of mandamus or orders offering 

like relief commanding compliance with the Commodity Exchange Act; 

4) Imposition of a civil penalty of not more than $110,000 for each violation or such higher 

inflation adjusted amount as provided by Regulation 143.8, 17 C.P.R. § 143.8; 

5) At the request of Commission, institution of an action by the Attorney General; 

6) Prohibition of trading on or subject to the rules of a contract market; 

7) Suspension or revocation of registration with the Commission; 

8) Required payment of restitution to customers for damages proximately caused by 

violations; 
9) Entry of a cease and desist order; 

10) Imposition of a restraining order prohibiting you from destroying, altering or disposing of, 

or refusing to allow authorized representatives of the Commission to inspect, when and 

as requested, such books, records or other documents; and 

11) Imposition of a restraining order prohibiting you from withdrawing, transferring, 

removing, dissipating or disposing of any funds, assets or other property. 

4. ROUTINE USES OF INFORMATION. The Commission often makes its files available to other 

governmental agencies, particularly United States Attorneys and state prosecutors. There is a 

likelihood that information supplied by you will be made available to such agencies where 

appropriate. Whether or not the Commission makes its files available to other governmental 

agencies is, in general, a confidential matter between the Commission and such other 

government agencies. Information which you provide may be used in the routine operation of the 

Commission, which includes law enforcement; review of legislative and regulatory proposals, 

regulation of the commodity futures markets, and review of reports and documents filed with the 

Commission. 

Specific routine uses include the following: 2 

a. Information may be used by the Commission in any administrative proceeding before the 

Commission, in any injunctive action authorized under the Commodity Exchange Act or in any 

other action or proceeding in which the Commission or its staff participates as a party or the 

Commission participates as amicus curiae. 

b. Information may be disclosed to the Department of Justice, the Securities and Exchange 

Commission, the United States Postal Service, the Internal Revenue Service, the Department 

of Agriculture, the Office of Personnel Management, and to other Federal, state, local, 

territorial or tribal law enforcement or regulatory agencies for use in meeting their statutory and 

regulatory requirements. 

c. Information may be given to any "registered entity," as defined in section 1 a of the Commodity 

Exchange Act, 7 U.S.C. 1, et seq. ("the Act"), if the Commission has reason to believe that 

such information will assist the registered entity in carrying out its responsibilities under the 

Act. Information may also be given to any registered futures association registered under 

section 17 of the Act (e.g., the National Futures Association) to assist it in carrying out its selfregulatory responsibilities under the Act, and to any national securities exchange or national 

securities association registered with the Securities and Exchange Commission to assist those 

organizations in carrying out their self-regulatory responsibilities under the Securities 

Exchange Act of 1934, 15 U.S.C. 78a, et seq. 

d. At the discretion of the Commission staff, information may be given or shown to anyone during 

the course of a Commission investigation if the staff has reason to believe that the person to 

whom it is disclosed may have further information about the matters discussed therein, and 

those matters appear relevant to the subject of the investigation. 

e. Information may be included in a public report issued by the Commission following an 

investigation, to the extent that this is authorized under section 8 of the Commodity Exchange 

Act, 7 U.S.C. 12. Section 8 authorizes publication of such reports but contains restrictions on 

the publication of certain types of sensitive business information developed during an 

investigation. In certain contexts, some of this information might be considered personal in 

nature. 

See CFTC compilation of System of Record Notices, including routine uses, at 76 Fed. Reg 5974 (Feb. 2 2011),. 2 
I. Information may be disclosed to a Federal agency in response to its request in connection with 

the hiring or retention of an employee, the issuance of a security clearance, the reporting of an 

investigation of an employee, the letting of a contract or the issuance of a license, or a grant or 

other benefit by the requesting agency, to the extent that the information may be relevant to 

the requesting agency's decision on the matter. 

g. Information may be disclosed to a prospective employer in response to its request in 

connection with the hiring or retention of an employee, to the extent that the information is 

believed to be relevant to the prospective employer's decision in the matter. 

h. Information may be disclosed to any person, pursuant to Section 12(a) of the Commodity 

Exchange Act, 7 U.S.C. 16(a), when disclosure will further the policies of that Act or of other 

provisions of law. Section 12(a) authorizes the Commission to cooperate with various other 

government authorities or with "any person." 

i. Where information, either alone or in conjunction with other information indicates a violation or 

potential violation of law-criminal, civil, or regulatory in nature-the relevant information may 

be disclosed to the appropriate Federal, state, local, territorial, tribal, or foreign law 

enforcement authority or other appropriate entity charged with the responsibility for 

investigating or prosecuting such violation or charged with enforcing or implementing such 

law. 

j. Information may be disclosed to the General Services Administration for the purpose of 

records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906. 

k. Information may be disclosed to the National Archives and Records Administration for the 

purpose of records management inspections being conducted under the authority of 44 U.S.C. 

2904 and 2906. 

I. Information may be disclosed to foreign law enforcement, investigatory, or administrative 

authorities in order to comply with requirements set forth in international arrangements, such 

as memoranda of understanding. 

m. Information may be disclosed to contractors, grantees, volunteers, experts, students, and 

others performing or working on a contract, service, grant, cooperative agreement, or job for 

the Federal government when necessary to accomplish an agency function. 

n. Information may be disclosed to the Merit Systems Protection Board, including the Office of 

Special Counsel for the purpose of litigation, including administrative proceedings, appeals, 

special studies of the civil service and other merit systems. 

o. Information may be disclosed to the Department of Justice or in a proceeding before a court, 

adjudicative body, or other administrative body which the agency is authorized to appear, 

when: 

i. the agency, or any component thereof; or 

ii. any employee of the agency in his or her official capacity; or 

iii. any employee of the agency in his or her official capacity where the Department of 

Justice or the agency has agreed to represent the employee; or 

iv. the United States, when the agency determines that litigation is likely to affect the 

agency or any of its components; 

is a party to litigation or has an interest in such litigation, and the use of such records by the 

Department of Justice or the agency is deemed by the agency to be relevant and necessary to 

the litigation provided, however, that in each case it has been determined that the disclosure is 

compatible with the purpose for which the records were collected. 

p. Information may be disclosed to a Member of Congress or staff acting upon the Member's 

behalf when the Member or staff requests the information on behalf of, or at the request of, the 

individual who is the subject of the record. 
q. Information related to any traders or the amount or quantity of any commodity purchased or 

sold by such traders may be disclosed to any committee of either House of Congress upon its 

request, acting within the scope of its jurisdiction, pursuant to the Commodity Exchange Act, 7 

U.S.C. I et seq., including Section B(e) of such Act at 7 U.S.C. 12, and the rules and 

regulations promulgated thereunder. 

r. Information may be disclosed to another Federal agency, to a court, or a party in litigation 

before a court or in an administrative proceeding being conducted by a Federal agency, when 

the Government is a party to the judicial or administrative proceeding. 

s. Information may be disclosed to appropriate agencies, entities, and individuals when: 

i. the Commission suspects or has confirmed that the security or confidentiality of 

information in the system of records has been compromised; 

ii. the Commission has determined that as a result of the suspected or confirmed 

compromise there is a risk of harm to economic or property interests, identity theft or 

fraud, or harm to the security or integrity of this system or other systems or programs 

(whether maintained by the Commission or another agency or entity) that rely upon the 

compromised information; and 

iii. the disclosure made to such agencies, entities, and individuals is reasonably necessary 

to assist in connection with the Commission's efforts to respond to the suspected or 

confirmed compromise and prevent, minimize, or remedy such harm. 

FREEDOM OF INFORMATION ACT 

The Freedom of Information Act, 5 U.S.C. § 552, ("FOIA") and the Commission's rules pursuant thereto, 

17 C.F.R. Part 145, generally provide for disclosure of information to the public, unless information falls 

within a specified exemption. Commission Rule 145.9, 17 C.F.R. § 145.9, establishes the procedure by 

which you may request that certain sensitive information not be disclosed pursuant to a FOIA request. 

INFORMAL PROCEDURE RELATING TO THE 

RECOMMENDATION OF ENFORCEMENT PROCEEDINGS 

As a result of facts gathered in an investigation, the Division of Enforcement may decide to propose an 

enforcement action against one or more individuals. Under the Informal Procedure Relating to the 

Recommendation of Enforcement Proceedings,3 the Division of Enforcement, in its discretion, may inform 

persons to be named in such actions of the nature of the allegations pertaining to them. The Division may 

also, in its discretion, advise such persons that they may submit a written statement before the 

consideration by the Commission of any staff recommendation for the commencement of the proceeding. 

Unless otherwise provided, such written statements must be submitted within 14 days after persons are 

informed by the Division of Enforcement of the nature of the allegations pertaining to them. 

SMALL BUSINESS REGULATORY AND ENFORCEMENT FAIRNESS ACT 

Your comments are important. If you wish to comment on the enforcement or regulatory actions of the 

Commodity Futures Trading Commission, please call the Small Business Liaison in the Office of General 

Counsel at (202) 4"18-5120. You may also wish to contact the Small Business and Agriculture Regulatory 

Enforcement Ombudsman, or one of the 1 O Regional Fairness Boards, which were established by the 

3 The Informal Procedure has been adopted as Appendix A to Part 11 of the Commission's Regulations. 17 C.F.R. Part 11 

Appendix A Appendix A more fully sets forth the substantive and procedural provisions of the Informal Procedure. 
Small Business Regulatory and Enforcement Fairness Act. The Ombudsman and Boards receive 

comments from small businesses about federal agency enforcement actions. The Ombudsman will 

annually evaluate the enforcement activities and rate each agency's responsiveness to small business. If 

you wish to contact the Ombudsman to comment on the enforcement actions of the CFTC, please call1-

888-REG-FAIR (1-888-7343247). 
ria, U.S. Securities and Exchange Commission \-,, ,·-, ~ J TCR Summary -l(bl(6l (bl(7J(CJ I 

~.!I("'"'\".-

(b)(6) (b)(7)(C) 

Subject Type: Firm 

Product Type: Commodities 

Allegation Category: Trade execution 

Nature of Complaint: Trading and Pricing 

TCR Source ID: -

TCR Source: -

Allegation Information: 

Dear sir/madam, I was trading Ether (A cryptocurrency similar to 

Bitcoin) on Kraken, I was doing this process automatically via a trading bot, the bot follows dips 

with stop-loss orders in case of a sudden price rise to lock in its profits from the short positions 

it opens. A week ago ( 10/0712017) I had an issue where the stop-loss price was reached but the 

exchange did not fulfil my order, instead the price just went higher and I was left without my 

order filled. I wrote to their support describing what happened and also telling them that I had 

problems placing market orders: both buys and sells would give "Error 820: Unknown 

error": or time out or some other problem when placing them. They did not respond at all, 

this is after recently responding quickly to a request of mine involving access to my account. 

Today ( 17/07/2017), I opened a sh011 position on Ether at /~l/~lw.i euros, the price dropped to 

belowl(b)(Blland my bot placed a stop-loss at )~~)~~rr, urns, which once again failed to trigger. 

The price rose to (b)(6J nd then a second dip came, bot placed a stop-loss at \~1\~L,... euros which fh\f7\ 

again failed to trigger. The price then rose tofbl(6lleuros where my bot placed a limit buy which 

returned ":Error: Time out": but triggered anyway. Understandably I was furious, a 

problem I had told them to fix a week earlier had caused a profit to turn into a loss due to the 

exchange failures on Kraken's side. I only lost aboutj{bl(6l (bJ(7J(CJ Ifrom this failure but I 

was concerned about this business practice and worried it mi •ht be happening to other people 

especially after they had ignored my support e-mails As a b)(Bl (bl(7J(CJ I contacted the FCA who 

told me Kraken are not registered with them (Interesting since they offer financial services to)~l)~l1 

f~/\~/,~, IThey also said there was nothing they could do and I should take my request up with you 

guys, the SEC. As far as I understand it Kraken are making absolutely insane money while barely 

passing/ flagrantly violating regulations simply because Crypto isn't as heavily watched as other 

assets. In contrast there is GDAX which are refunding the people who got margin called when it 

wasn't even their fault. Unfmtunately Kraken is my only option for high volume Eth/Euro trades, 

I feel exploited knowing that I HAVE to use Kraken even though their services are incredibly 

bad. It's 2017, Crypto has daily trade volumes to equal some of the most popular stocks, I just 

wish it had the same regulation. Yours sincerely,j{bl(6l (bl(7J(CJ I 

Documents: 

Page 1 of 5 
r.s. Securities and "Exchange Commission &:m} TCR Sumnrnry - TC-67-1583 

'~ 

• l/f\1\\,1'' 

- -

-

-

-

Que<stionnaire: 

Tell us about ~'our complaint 

Plea".-oe .,elect the option that be<,t describe,;, your complaint 

Page 1 of S 
ria, U.S. Securities and Exchange Commission \-,, ,·-, ~ J TCR Summary -l(b)(Bl (bl(7J(CJ I 

~.!I("'"'\".-

General trading practices or pricing issues? 

Please select the specific category that best describes your complaint 

Trade execution 

Provide additional details about your complaint: 

Dear sir/madam, I was trading Ether (A cryptocurrency 

similar to Bitcoin) on Kraken, I was doing this process automatically via a trading bot, the 

bot follows dips with stop-loss orders in case of a sudden price rise to lock in its profits from 

the short positions it opens. A week ago (10/07/2017) I had an issue where the stop-loss price 

was reached but the exchange did not fulfil my order, instead the price just went higher and 

I was left without my order filled. I wrote to their support describing what happened and 

also telling them that I had problems placing market orders; both buys and sells would give 

"Error 820: Unknown error" or time out or some other problem when placing 

them. They did not respond at all, this is after recently responding quickly to a request 

of mine involving access to my account. Today (17/07/2017), I opened a short position on 

Ether at ~l)~L,..., euros, the price dropped to below )~!)~!, nd my bot placed a stop-loss at 

11~1\~LcJuros, which once again failed to trigger. The price rose to\~1\~L nd then a second dip 

came, bot placed a stop-loss atl\~/\~/,~,~uros which again failed to trigger. The price then 

rose to ~l/~lr euros where my bot placed a limit buy which returned "Error: Time 

out" ut triggered anyway. Understandably I was furious, a problem I had told them 

to fix a week earlier had caused a rofit to turn into a loss due to the exchange failures on 

Kraken's side. I only lost abou (bJ(Bl (bl(7J(CJ from this failure but I was concerned 

about this business practice and worried it might be ha ening to other people especially 

after they had ignored my support e-mails As (bl(5l (bl(7J(CJ contacted the FCA who told 

me Kraken are not registered with them (Interesting since they offer financial services to 

l(bJ(Bl (bl(7J(CJ !They also said there was nothing they could do and I should take my request 

up with you guys, the SEC. As far as I understand it Kraken are making absolutely insane 

money while barely passing/ flagrantly violating regulations simply because Crypto isn't 

as heavily watched as other assets. In contrast there is GDAX which are refunding the 

people who got margin called when it wasn't even their fault. Unfortunately Kraken is my 

only option for high volume Eth/Euro trades, I feel exploited knowing that I HA VE to use 

Kraken even though their services are incredibly bad. It's 2017, Crypto has daily trade 

volumes to equal some of the most popular stocks, I just wish it had the same regulation. 

Yours sincerely,fbl(6l (bl(7J(CJ I 

Resolution checklist 

Who are you complaiuiug about? 

Are you complaining about an individual or a firm? 

Firm 

Select the title that best describes the individual or firm that you are complaining about: 

Page 3 of 5 
ria, U.S. Securities and Exchange Commission \-,, ,·-, ~ J TCR Summary -rb)(6) (b)(7)(C) I 

~.!I("'"'\".-

Other 

For Other Firm, please specify: 

Cryptocurrency exchange 

Firm Name: 

Kraken 

Telephone: 

Resolution checklist 

Products involved 

Select the type of product involved in your complaint: 

Commodities 

Please select the category that best describes your security product: 

Currency transactions 

Enter the product name(s): 

Ether 

About you 

*Are you submitting this tip, complaint or referral pursuant to the SE C's whistle blower 

program? 

No 

*Are you submitting this tip, complaint or referral anonymously? Being able to contact you for 

further information or clarification may be helpful. 

No 

**Are you represented by an attorney in connection with your submission? 

No 

Submitter Information 

Title: 

Mr. 

**First Name: 

b)(6) 

b)(7)(C) 

**Last Name: 

(b)(6) 

(b)(7)(C) 

Page 4 of 5 
ria, U.S. Securities and Exchange Commission \-,, ,·-, ~ J TCR Summary (b)(Bl (bl(7J(CJ 

~.!I("'"'\".-

Street Address: 

l(b)(6) (b)(7)(C) 

City: 

(b)(6) 

(b)(7)(C) 

Zip/ Postal Code: 

(b)(6) (b)(7)(C) 

Country: 

rb)(6) (b)(7)(C) 

Email Address: 

fb)(6) (b)(7)(C) 

Select the profession that best represents you: 

Other 

For Other, please specify: 

Individual Correspondent 

Attorney Information 

(required if submitting information anonymously and seeking to be eligible for an award 

under the whistleblower program) 

Resolution checklist 

Whistleblower Declarations 

Page 5 of 5 
- -

nGi U.S. Securities and Exchange Commission 

1, , f TCR Summary - TC-674189 

~.!I("'"'\".-

(b)(6) (b)(7)(C) 

Subject Type: Firm 

Product Type: Commodities 

Allegation Category: 

Nature of Complaint: Other 

TCR Source ID: 

TCR Source: 

Allegation Information: 

FINRA File# (b)(Bl (bl(7J(CJ The attached matter is a complaint received by FINRA from an 

investor named (b)(Bl (bl(7J(CJ opened an account with Kraken.com for purposes of 

investing in specific crypto-currencies. After studying the market, he decided that he wanted 

to invest in the Ripple (XRP) digital currency. Despite claims on its website that Kracken can 

verify users for Tier 3 trading access within 48 hours, it took the firm three weeks to complete 

the Tier 3 verification for ~l/~lrr:i This delay resulted in (bl(6l (bJ(7J(CJ missing the oppottunity 

to invest in Ripple (XRP) pnor to the price spiking as he predicted it would. As the complaint 

does not involve a FINRA firm or Registered Representative, we are referring the matter to the 

SEC for your review and whatever further action is deemed appropriate. The investor has been 

notified of this referral. Please contact me if you have any questions. Thank you, Keith Howes 

Associate Director Central Review Group Office of Fraud Detection and Market Intelligence 

(240) 386-6438 keith.howes@finra.org 

-

.. 

- -

Questionnaire: 

Tell us about your complaint 

Please select the option that best describes your complaint 

If your complaint does not fit in any of the categories above, please describe below 

Provide additional details about your complaint: 

FINRA File# (bJ(Bl (bl(7J(CJ The attached matter is a complaint received by FINRA from an 

investor named (bl(5l (bl(7J(CJ pened an account with Kraken.com for purposes 

of investing in specific crypto-currencies. After studying the market, he decided that he 

wanted to invest in the Ripple (XRP) digital currency. Despite claims on its website that 

Page 1 of 5 
ria, U.S. Securities and Exchange Commission \-,, ,·-, ~ J TCR Summary -rb)(B) (b)(7)(C) I 

~.!I("'"'\".-

Kracken can verify users for Tier 3 trading access within 48 hours, it took the firm three 

weeks to complete the Tier 3 verification for )~~)~~w.i This delay resulted in l(bl(5l (bl(7J(CJ I 

missing the opportunity to invest in Ripple (XRP) prior to the price spiking as he predicted 

it would. As the complaint does not involve a FINRA firm or Registered Representative, we 

are referring the matter to the SEC for your review and whatever further action is deemed 

appropriate. The investor has been notified of this referral. Please contact me if you have 

any questions. Thank you, Keith Howes Associate Director Central Review Group Office of 

Fraud Detection and Market Intelligence (240) 386-6438 keith.howes@finra.org 

Resolution checklist 

Who are you complaiuiug about? 

Are you complaining about an individual or a firm? 

Firm 

Select the title that best describes the individual or firm that you are complaining about: 

Other 

For Other Firm, please specify: 

Digital Currency Exhange 

Firm Name: 

Kraken 

Street Address: 

548 Market Street 

Address (Continued): 

Suite 39656 

City: 

San Francisco 

State I Province: 

CALIFORNIA 

Zip/ Postal Code: 

94104 

Country: 

UNITED STATES 

Telephone: 

Work: 

Page 2 of 5 
ria, U.S. Securities and Exchange Commission \-,, ,·-, ~ J TCR Summary - (b)(Bl (bl(7J(CJ 

~.!I("'"'\".-

650-434-2889 

Website: 

https://www.kraken.com/en-us 

Resolution checklist 

Products involved 

Select the type of product involved in your complaint: 

Commodities 

Please select the category that best describes your security product: 

Other commodities 

For other commodities, please provide more information: 

cryptocurrency 

Enter the product name(s): 

Ripple 

About you 

*Are you submitting this tip, complaint or referral pursuant to the SEC's whistleblower 

program? 

No 

*Are you submitting this tip, complaint or referral anonymously? Being able to contact you for 

further information or clarification may be helpful. 

No 

**Are you represented by an attorney in connection with your submission? 

No 

Submitter Information 

Title: 

Mr. 

**First Name: 

(b)(6) 

/h1/71W.1 

**Last Name: 

(b)(6) 

(b)(7)(C) 

Street Address: 

Page 3 of 5 
( a, U.S. Securities and Exchange Commission \-,,1 ,·-, ~ J TCR Summary - b)(Bl (bl(7J(CJ 

~.!I("'"'\".-

fb)(6) (b)(7)(C) 

City: 

fb)(6) (b)(7)(C) 

State I Province: 

b)(6) (b)(7)(C) 

Zip/ Postal Code: 

(b)(6) (b)(7)(C) 

Country: 

(b)(6) (b)(7)(C) 

Email Address: 

l(b)(6) (b)(7)(C) 

Attorney Information 

(required if submitting information anonymously and seeking to be eligible for an award 

under the whistleblower program) 

Resolution checklist 

*Are you submitting this tip, complaint or referral pursuant to the SEC's whistleblower 

program? 

No 

*Are you submitting this tip, complaint or referral anonymously? Being able to contact you for 

further information or clarification may be helpful. 

No 

**Are you represented by an attorney in connection with your submission? 

No 

Submitter Information 

**First Name: 

FINRA 

**Last Name: 

Keith Howes 

Street Address: 

FINRA File#jtbJ(Bl (bl(7l(CJ 

Work Telephone: 

Page 4 of 5 
ria, U.S. Securities and Exchange Commission \-,, ,·-, ~ J TCR Summary - (b)(Bl (bl(7J(CJ 

~.!I("'"'\".-

240-386-6438 

Email Address: 

keith.howes@finra.org 

Attorney Information 

(required if submitting information anonymously and seeking to be eligible for an award 

under the whistleblower program) 

Resolution checklist 

Whistleblower Declarations 

Page 5 of 5 
I 

Filing ID: ~!)~Lr, Please retain this number for further 1nqu1ries regarding this form) 

Submitted Date:l(b)(6) (b)(7)(C) 

Your form was submitted to FINRA successfully. Please print this form now if you wish to retain a copy for your records. 

My complaint 

FINRA Investor Complaint Form 

All fields marked with * are mandatory 

Tell us about your Investment 

(b)(6) (b)(7)(C) 

Tell us about your Complaint 

What type of problem(s) are you Reporting? 

Primary Problem* Un,authorized trnns;act,ons 

Secondary Problem Fail to execute 

Amount 1n Dispute (b)(6)

"'•'>'cnc,c'C"J'_J 

If your complaint involves a retirement account, please select the type of account: 

I Def111ed Contribution Plan 

, , '- ; "' I ;11, ',l"l:JLl"I "' ,_,er,_;; ' 

I Def111ed Benefit Plan 

.'.\11 "'' :I :,-cc C',.JC)"~(• ,:.-J ·c: -,:-1H,1: :L-1·1 "·- :I· -J•; il I"""'"' l ·:Lr --·.-JI ,,rrc-,-, .-, ~,; :oi'1r, 'llC) ·I·, 1,c,-cr,1 '-I''"" 1d11cn·; ,-1 .,,: d'lh: ,--1 

, ;.l'1~11· 111d b~;,d ~11 ·l,c [cld 1';, 'Gfl'lll'1 :,· ;;I,:,,, _,k, ,.,,· ,ick1 cr11pl~·/1c1c ccilc, ·-· cl 

I lnd1v1du,al Retirement Account (IRA) 

Kcog11 Plan 

:\ I l'lll G['lGfll 1.>l,rn GS'. ,LI ,l,c, t.,-, s1cll-cr·11,k,c..! I ,,.,.,,_i_,,,I, k,· . IC 11,,·I\GC ,I 1d ·.tw,· cr·11.k.,,, I' '" l L1, ,1 ck' ··c,_, 01cr1 1,·1: ,, 

c:~f "PC --,)l·j1 !>I j,:·,1· r,l,Sll 

r S1rnpl1f1ed Employee Pen~1or1 (SEP) 

A ::;c=• plc-1111-..-1 :•.. •(. or IP.A"' "(llll,I lh.1 '" ;c:,.•;,l1•;l1d I,_;'""' C17plo:,·:' "---,Ir-,,--, ,1 :,c,· 11,,•,,; ''"··11 

r SIMPLE Plan 

,,. '.'lr:I' - 1,1;,r, ,, iJ•. ,, ,, Ir,:(• r _., I t~I,." 'IJ 1 I,,• -npl ··vc·c"' c '.;;r 'JII I- n :le ,•,"' -c :·,::,rr c·r h-;J; JI ·, ·( n-,· I '-1:" l",~I ,, ::,rrc•r :·: 

;;,,• .,,~,,11 ,:·1·::lo;,·; -~ lo I ·c, r; ,rc,h-,c;c,c; nr ;eel·:-.- sclr-c: r::k,•,cc 11,'11·.- cL,.I•; 

Complaint Summary 

Please provide a summary of your complaint. Summary is limited to 3800 characters. * 

Do not provide personal confidential information such as financial account numbers, Social Security numbers, or driver?s 

license information. Such information will be requested by FINRA staff only when and if needed. and at the appropriate time. 

I made a wire transfer from my brokerage account at kraken.com - I put the wrong account number lo transfer -

tl1c wire transfer crnnc back lo krakcri corn on Thursdcly M 22 21 clrourid 2 pm. As of today 0~_26 pm 1 0.35 pm I 

did not got my money back from kraken com I erna,led them multiple t,mes - no concrete response wt1en I get 

my money back 
Documentation 

Whal documentation are you able to provide? 

r Trade Conflrm~t,on 

r Monthly Account Statement 

r Canceled Checks 

I Correspondence to and from Firm 

I Advert1s1ng or Marketing l·~atenals 

I Notes of Conversations with Firm 

I Subscription Agreement 

r Other 

Click here to att;ich your document 

Please describe any other documentation you may have but cannot upload (for example: documents in hard copy). 

The document description is limited to 250 characters. 

Tell us about the firm 

FINRA Investor Complaint Form 

All f1elCs marked 1111t11 * are mandatory. 

Tell us about the firm or entity about which you have a complaint 

Click on ""Add New"". then type the firm name and CRD number(1f any). Click a row to edit it. 

1. Brokerage Firm 

-qx I• c I rT C'!D I u· b~r ,,, ~cl: c' '.he '1· 11 kl ·w ·.u Isl II~ lirr1 11 l··e lirr1 s r~,;1s·.crcd ._.,. FI\RA yuu crn1 Ice< .u l"lc I rT d~:c1 Is 

l·c: 11 1Jrof-erd1cv, Irr r.r V'<I_ II \•JL CJ ·JI ',1_ "hr_• ',rr·1 1n 1Jroi<crd1cck Irr< Jrq ·,-lc•,,c,r,- ly.:C' ·.lie• ·1..-1 n,,r-,c• 11. 1c a,.,,-~s iJc-1,_,,_-,. 

Enter Firm Name or CRD Number: 

Firm Name:* 

Kraken.com 

CRD Number: 

Tell us about the individual about whom you have a complaint 

Was your salesperson or another individual involved in the conduct that is the subject of your complaint? * 

1 Yes 

tt No 

r I did not use a salesperson 

Contacts and actions taken 

FINRA Investor Complaint Form 

All field~ rnarked with * are rrnmdalory. 
Firm Contact 

Have you complained to the firm?* 

r. Ycsr No 

Please enter reference number (if available), date of contact. na1ne of contact, and status or resolution 

w1th1n the space available below Further details will be gathered later ,n the complaint process, 11 needed 

Your input,~ lirrnled lo 250 chm~cters. * 

Do not tell me exactly when I get my money back 

Other Regulatory Contact 

Have you contacted any other regulators? * 

r- Yes<." No 

Arbitration 

Have you filed an arbitration claim? * 

r- Yes r. No 

Legal Action Taken 

Have you taken legal action? * 

r Yes ♦ No 

May we contact you? 

FINRA Investor Complaint Form 

All fields marked v,,th * are mandatory, 

Tell us about yourself 

,i\ll ,:,ncL-J 11: 111'uwi, l1u11 ·:, II be :iciJcc 111 cu11'1dc11c,_ k; I·,; l.illc.,I c,q,i,: cc,~ l,lc Hcwc•.u ~l'-lls.J\ ,. ""C,l ,;.,-1·c1·1l•;; :·1c,: ._I 1·1 '1-J :he 

"'' ,.1 ,- ,, ,Cl•-<: ..._,,-,,,·,q:nc 1 ,-,, ,._, !)I•·· r,r, ,:·•:"IJ" "' n:, -,,,IC,:·,,., 1 -1,,, ·11:l.c ,·r .,,,11 .. ,,I:•,,. )11'" '"--"•·' .,,-1,-.,,,. ,, 1 

;_ 'l".-J I il( ;__,_; rn ,; 1rn11I "•:J .-1d,:h,c. c-1 :cl:. 

k ciilcDo you wish to make an anonymous complaint? * 

r. No 

r Yes - I wish to make an anonymous complaint. 

Are you submitting this complaint for yourself or on behalf of someone else? * 

♦ Self 

("" Other 

Your Contact Information 

What is the best way to contact you should we have additional questions to better understand your complaint or gather more 

information? 

(b)(6) (b)(7)(C) 
Click on "Add New", then enter a phone number. 

Are you active. or have recently been active, in the United States Military?• 

(b)(6) (b)(7)(C) 

Please select the age range that corresponds to you: • 

(b)(6) 

(b)(7)(C) 
6/1312018 Investor Complaint Form Receipt 

~"C','· 

Flnra~ 

Your form was submitted to FINRA successfully. Please print this form now if you wish to retain a copy for your records. 

Filing :l(b)(~l-~. !Please retain this number for further inquiries regarding this form) 

Submitted Date: Lfb_l(_61_(_bl_(7_1(_CI_______~ 

FINRA is responsible for determining whether brokerage firms and associated persons are in compliance with the federal 

securities regulations and FINRA Rules. If a determination is made to initiate an investigation, a FINRA examiner may contact 

you to obtain further information or documentation about your complaint. 

FINRA investigations are conducted for the purpose of protecting all public investors Information about our investor complaint 

program and FINRA's role in investigating investor complaints is available online in our Investor Complaint Program brochure 

at httr:1 l,\vw,,v.f1m.1.org.:comr:1l.1111t/l1westor8roch11re. 

Please understand that we are not representing you individually in this matter. There is no assurance that any action will result 

in the return of funds or securities to you. If you feel you are entitled to monetary relief, you may wish to initiate an individual 

action, such as mediation or arbitration FINRA provides a forum for resolving individual disputes through FINRA Dispute 

Resolution. 

Filing a complaint through the Investor Complaint Center is not the same as submitting an arbitration claim online. For 

additional Information about FINRA's Dispute Resolutions programs, or to start an arbitration or med1at1on, please visit the 

Arbitration & Med1at1on section of the FINRA Web site at: hllQ://www f1nra.org/Arb1tral1onMcd1at1on/1ndcx.htm. 

My complaint 

FINRA Investor Complaint Form 

All fields marked with* are mandatory. 

b)(6) (b)(7)(C) 1/8 
6/1312018 Investor Complaint Form Receipt 

Tell us about your Investment 

Security Name EOS Security Symbol EOS 

Security Type* Other Security Type 

Date and/or Period of Activity 

From Date* (\.·m.tDDiYYYYI 01/02/2018 To Date* IMMiDD:'YYYYI 05/20/2018 

Tell us about your Complaint 

What type of problem(s) are you Reporting? 

Primary Problem * Lost or stolen funds/securities Secondary Problem Misrepresentation or m1slead1ng information 

Amount in Dispute b)(6)

h1/71W.1 

If your complaint involves a retirement account, please select the type of account: 

roefined Contribution Plan 

A·1 c111ploycr spcrnsorcd rclIrcmcnl plcm v,hcrc1n ;-1 ccrlcrn1 cm'ounl or pcrccr'lagc of mcmcy 1,; set i-Ndc ~JY lhc employer cc1H1ior 

tre e1'1ployee for the benefit c/ the employee !e.~. 4011~;. 4C3(b)). 

roefined Benefit Plan 

A·1 emploj'er sponsored 1·etIreme11t plan s1Ich as a pe11sIot' plan that offers 2 spec fie monll"IY l,e1°e"1t 1Ipr,11 retIrer1en:. I l1e 

iJ.11::unt IS dctcrmIncd bascc 011 trc plar's formL.la wl1 cl1 WOcild consider c11ploycc salary and :cnL.rc. 

r Individual Retirement Account (IRA) 

A sdf-L!1rcclcd rclIrc.T1cI1l μlcrn cs:abld1cd by clll rid VIL!Ucil 1ncludcs Traci l1onal IR.£\s dill! Rolf1 IRAs 

rKeogh Plan 

A retIrernw1t pl;-w establ1sl1ed by sel'-err1iloyed 1nd1v1duals for themselves i-l'ld tl1e1r employees It can he a deflr1ed-benef1t or a 

ciefireci-contril,utior plan 

r S1mplif1ed Employee Pension (SEP) 

A SC.I-' plan Is a type of IIV\ accou·1t hat Is es:abl shed by an etToloyer or self-er1ployer. IndIvIdual 

r SIMPLE Plan 

A SI1JPLE iJlci11 (Sc1v111gs l11cc11l1vc rv1alch Plc111 for E111μloyccs e' Sr'lc\ll Er-1ploycrs) Is c1no:hcr lypc of rclIrc111c11l plc111 H1cil Is 

offered by srnall ernploycrs lo lf1e1r errployces or L.scd by scl'-ernμloycd 1nd1v1duals 

(b)(6) (b)(7)(C) 

2/8 
6/1312018 Investor Complaint Form Receipt 

Complaint Summary 

Please provide a summary of your complaint. Summary is limited to 3800 characters. * 

Do not provide personal confidential information such as financial account numbers, Social Security numbers, or driver's 

license information. Such information will be requested by FINRA staff only when and if needed, and at the appropriate 

time. 

Crypto currency exchange known as Payward Venture, dba Kraken. Kraken is stolel:b)(6pf my EOS crypto currency. worth )~~)~L,..., 

(5/19/2018) and have not responded to my demands to return my funds. In addition. I have discovered that Kraken is also stealing 

the crypto currency from their customers by keeping the free airdrops tokens issued to their customers. Specifically. on 4/25/2018, 

I receivedl(b)(6 ~ree EOSDAC tokens because I stored~OS tokens in my Kraken account. Kraken received mvl(b)(BIEOSDAC 

free airdropped tokens, which Is currently worth approximately 21 cents each. or aboutbJ(~l. !dollars. Kraken did not disclose to me 

that they received my free airdrop coins, nor did they disclose that by keeping my currency on the exchange, the exchange would 

retain my free airdrop coins -not me. By keeping their customers free airdrop coins, Kraken is discretely gaining millions of dollars 

of undisclosed new revenue from their clients. I have also discovered that Kraken has received at least $6 million dollars of Funfair 

{FUN) tokens and al least $2 million dollars of OmisoGO (OMG) free airdrop tokens issued lo their customers, not Kraken. Kraken 

does not offer either EOSDAC, FUN or OMG as trading coins on their exchange. Kraken is essentially stealing their clients 

dividends for keeping their currency on the exchange. 

Documentation 

What documentation are you able to provide? 

w"Trade Conf1rmat1on 

rMonthly Account Statement 

rcanceled Checks 

Wcorrespondence to and from Firm 

r Advertising or Marketing Materials 

rNotes of Conversations with Firm 

rsubscription Agreement 

r Other 

Click here to attach your document 

eosDAC Comrrnm1ty Exh1bt 4 pdf 242804 bytes 

2 Jcm 18 Elhcrsecm Exh1L11t 3).,_r.,dr271040 IJylcs 

l--'c1ywmrl JD.L!lJl:::)J1cif 1 :-Jll1 n bytes 

F1li11g For PAYWARD VENTURES INC 030717.Rdf 95392 IJylcs 

KrnkeI1 l:::xhibI11 .[:!ng 100784 bytes 

(b)(6) (b)(7)(C) 3/8 
6/1312018 Investor Complaint Form Receipt 

Krciken Exhiliit 2 PJ:l.9 1981 /0 liytes 

Orn1s0GO Airdrop [xh1b1t .p_D_q 167263 bytes 

Candy Airdrop Exhibil.f!.!1.9 163114 bytes 

Kraken lu11fa1r J\1rdr0Qs .p_D_q 191789 by.lli..§. 

Please describe any other documentation you may have but cannot upload (for example: documents in hard copy). 

The document description is limited to 250 characters. 

Tell us about the firm 

FINRA Investor Complaint Form 

All fields marked with* are mandatory. 

Tell us about the firm or entity about which you have a complaint 

Click on "Add New", then type part of the firm name to see a list of FINRA registered firms.* 

1. 1. Brokerage Firm 

Type the firm CRD nL.r1her or pnrt oftre f rm 11nI11e to list the fir'77 If the firm is registered witr FINRA. yrnI will he cl8Ie to select it 

fro111'le droi7 r,r,,:,m. lfyrn1 do not see the firm I11 the 11st. please type the f1r11 r'ame 1·1 tl1e l,oxc,s helo'N 

Enter Firm Name or CRD Number: 

Firm Name * 

payward ventures dba Kraken 

CRD Number: 

b)(6) (b)(7)(C) 

4/8 
6/1312018 Investor Complaint Form Receipt 

Tell us about the individual about whom you have a complaint 

Was your salesperson or another individual involved in the conduct that is the subject of your complaint?* 

('" Yes 

r No 

r. I did not use a salesperson 

Contacts and actions taken 

FINRA Investor Complaint Form 

All fields marked with* are mandatory. 

Firm Contact 

Have you complained to the firm? * 

r.YesrNo 

Please enter reference number (if available), date of contact, name of contact, and status or 

resolution 

within the space available below. Further details will be gathered later 1n the complaint process, if 

needed. 

Your input 1s l1m1ted to 250 characters. * multilple times from January 2018 through May 2018. 

Other Regulatory Contact 

Have you contacted any other regulators?* 

,r. Yes I No 

If yes, who? 

P'securities and Exchange Comm1ss1on (SEC) 

;-Commodity Futures Trading Commission (CFTC) 

(b)(6) (b)(7)(C) 5/8 
6/1312018 Investor Complaint Form Receipt 

rNew York Stock Exchange 

rsecurities Investor Protection Corporation (SIPC) 

f.istate Regulator(s) 

Click on "Add New", then scroll down to pick the State contacted. After 

you select the State click "Add Row" to add the State to your list.* 

1. State Regulators Contacted 

State* California 

r0ther 

Arbitration 

Have you filed an arbitration claim? * 

c' Yes r. No 

Legal Action Taken 

Have you taken legal action?* 

r Yesr. No 

May we contact you? 

FINRA Investor Complaint Form 

All fields marked with* are mandatory. 

Tell us about yourself 

(b)(6) (b)(7)(C) 6/8 
6/1312018 Investor Complaint Form Receipt 

All cornplciin: inforrni-ltion will be trei-lted i11 confidem;e :o tre fullest extent poss lile. However FINRA ci-Jn·1ot gui-lri-lnlee lhi-\1 d.Jring 

'.hP. c:rn.rse of i-l relrt!P.c1 invP.sli[ji-ltion or possible prosec:.Jtion of'.hP. tni'<ltw tre source c' the co·11pli-lint will no: heco'Tle kno'N'l. Unless 

you prov1ce an email adr1ress or a 1Ta1l1·1g address or a telep1one number. cl1ec1111ri 'Yes' will prever'I us from follow111rJ uo with you 

:o 1atl1er aclr11t1omil cleta1ls. 

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r Yes - I wish to make an anonymous complaint. 

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more information? 

b)(6) (b)(7)(C) 

Click on "Add New", then enter a phone number. 

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7/8 
6/1312018 Investor Complaint Form Receipt 

Please select the age range that corresponds to you: * 

b)(6) (b)(7)(C) 

S1tamap Pri,acy Legal 

(b)(6) (b)(7)(C) 

8/8 
(b)(6) (b)(7)(C) 

Statement and Designation by S&DC-5/N I Foreign Corporation 

To qualify a corporation from another state or country to transact 

intrastate business in California, fill out this form, and submit for filing 

along with: 

- A $100 filing fee (for a foreign stock corporation) or $30 filing fee (for 

a foreign nonprofit corporation), and 

- A certificate of good standing, issued within the last six (6) months 

by the agency where the corporation was formed. Note: If the 

corporation is a nonprofit, the certificate of good standing also must 

indicate the corporation is a nonprofit or nonstock corporation. 

- A separate, non-refundable $15 service fee also must be included, if 

you drop off the completed form. 

lmporlanlf Corporations in Cal1forn1a may have to pay a minlmum $800 

yearly tax to the California Franchise Tax Board, For more Information, 

go to https:llwww.ftb.ca.gov 

FILED 

Secretary of State 

State of California 

SEP O 3 2013 

! Cr This Space For Office Use Ontf 

For questions about this form, go to www.sos.ca.gov/business/belfiHn9-llps.htm. 

Corporate Name (List the e~act nsme of the corporalion. as shown in 1he oar1,ficate of good standing. If the name of the corporation 

is not available for use in the State of California, :he corpo1;1t1on must qualify under an assumed name. E.g.. "[list !ho exact name] which 

will oo business in California as [list the proposed aesumed ~ame). · For gene:a1 corporate name r€quiremenl6 and rllstrict,ons in Callfom1a, 

go to wv,w.sos.ca.gov/bus,nesa/be/name-avallabil1ty .him.) 

CD Payward, Inc. 

Corporate History 

® State or foreign country where this corporation was formed: __,D0e,l,a,w0 a,re=---------------

Servlce of Process (List a Callforn1a rasident or an aciive 1505 corporation 1n California Iha\ ag-reea 10 bayou: agent to acoopl 

ser11ice ol precess in case your corporation is suec You may list any adult who lives in Califom-a. You may not list your own corporation 

as the agent. Do not 11st an address ii the agent ,s a 1505 corporation as lhe address for service of process ~ already on fole.) 

@ a. GKL Corporate/Search, Inc. 

Agent's Name 

b CA 

Agent's Slroe/ Addres:, (If ar;cnl is not II corporalir:,r,). Do not /Isl II P.O. Bo~ City (no ebbravlarions} Stale lJp 

The corpora!ion named in Item 1 above irrevocably consents to service of process directed to it upon the sgent 

designated above. anel to service of process on the California Secretary of State if that agent or that agenfs successor 

is no longer authorized to .ict or cannot be found at the address gJVen. 

Corp

© 

orate Addresses 

a. 625 S Street 

Sl.~el Addro$S of Prineipa/ E~IICUl!vf1 Office" Do not /i(;/ fJ P.0 BOIi: 

b. 625 S Street 

Srr&el Ac/dnlss of Principal Office ,n Ce/ifomis, ,t ,my - Do no/ ~st II P.O. Box 

Sacramento 

City (no abbrovlalions) 

Sacramento 

Crty (no ebb111vl11/ionsJ 

CA 

stare 

CA 

State 

95811 

Zip 

95811 

Zip 

Maiiir,g Addm35 ofPrmcrpa/ Exm:utive Offlca, jf different from 411 or 4b City (no aboreviation.s) s1ara Ziti 

Read ,..I =-- .._, __ . Thi~ t · ,,,, officer of the foraion co Mration. 

b)(6) (b)(7)(C) 

Secretary 

Your busiMSS title 

Make check/money order payat>le to. Secretllry of State By Mall Drop-Off 

Uoon filing, we will rat~m one (1) uncertif1ad copy of your filed Seera1ary of Slate Secretary of State 

document lorfree. and Will cer1ify !he copy upon request and Busiress Entijies, P.O. Bo~ 944260 1500 11th Straet, 3rd F!Qor 

payment of a $5 cer1·,fication lee. S11CrJ1mento, CA 94244-2600 Sacramen1o, CA 95814 

Co,poratlors Coxe §§ 21 05, 2106, Revenue aLll"l Te,a1ion Code§ 23153 2013 Cailomia Secrera,y gf Stal!! 

S&DC-STIIJNP (REV 0~/2013) www.sos.cagc.,v/businllS5lbe 
',, ,35qqzq I 

rJJe[aware PAGE 1 

'Tne '.first State 

I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF 

DELAWARB', DO HEREBY CERTIFY "PAYWARD, INC." IS DULY INCORPORATED 

UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING 

AND HAS A LEGAL CORPORATE EXISTENCE SO FAR AS THE RECORDS OF 

THIS OFFICE SHOW, AS OF THE THIRD DAY OF SEPTEMBER, A.D. 2013. 

AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "PAYWARD, 

INC. WAS INCORPORATED ON THE TWENTY-EIGHTH DAY OF JULY, A.D. 

ZOll. 

AND I DO HEREBY FURTHER CERTIFY THAT THE FRANCHISE TAXES 

HAVE BEEN PAID TO DATE. 

AND I DO HEREBY F'JRTHER CERTIFY THAT THE ANNUAL REPORTS HAVE 

BEEN FILED TO DATE. 

5017249 8300 

131047716 

Yo~ may verlty th1s certit~cal:a onlin1t 

Jctm,y w !lullod, secretary of5t~tc 

AUTHEN ~ TION: 0706565 

DATE: 09-03-13 

at corp. d<>l""''"re. gov/a11l:1!7Gr, :,-1,bol 
State of California 

Secretary of State 

(b)(6) (b)(7)(C) 

Statement of Information 

(Foreign Corporation) 

FEES (Filing and Disclosure): $25.00. 

If this is an amendment, see instructions. 

IMPORTANT - READ INSTRUCTIONS BEFORE COMPLETING THIS FORM 

1. CORPORATE NAME 

PAYWARD VENTURES, INC. 

2. CALIFORNIA CORPORATE NUMBER C3593001 

FILED 

In the office of the Secretary of State 

of the State of California 

MAR-07 2017 

Th,s Space for F,l,ng Use Only 

No Change Statement (Not applicable if agent address of record is a P.O. Box address. See instructions.) 

3_ If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary 

of State, or no statement of information has been previously filed, this form must be completed in its entirety. D If there has been no change 1n any of the information contained 1n the last Statement of Information filed with the California Secretary 

of State. check the box and proceed to Item 13. 

Complete Addresses for the Following (Do not abbreviate the name of the city 

4 STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE 

237 KEARNY STREET, #102, SAN FRANCISCO. CA 94108 

Items 4 and 5 cannot be P 0. Boxes) 

CITY STATE ZIP CODE 

5 STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY 

237 KEARNY STREET, #102, SAN FRANCISCO, CA 94108 

CITY STATE ZIP CODE 

6 MAILING ADDRESS OF THE CORPORATION, IF DIFFERENT THAN ITEM 4 CITY STATE ZIP CODE 

Names and Complete Addresses of the Following Officers {The corporation must list these three officers A comparable title for the specific 

officer may be added; however, the preprinted titles on this form must not be altered ) 

7 CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE 

JESSE POWELL 237 KEARNY STREET, #102, SAN FRANCISCO. CA 94108 

8 SECRETARY ADDRESS CITY STATE ZIP CODE 

JESSE POWELL 237 KEARNY STREET. #102, SAN FRANCISCO, CA 94108 

9 CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE 

KAISER NG 237 KEARNY STREET. #102 SAN FRANCISCO. CA 94108 

Agent for Service of Process If the agent 1s an 1nd1v1dual, the agent must reside 1n California and Item 11 must be completed with a Cal1forn1a street 

address. a P.O. Box address 1s not acceptable. If the agent is another corporation. the agent must have on file with the California Secretary of State a 

certificate pursuant to California Corporations Code section 1505 and Item 11 must be left blank. 

10 NAME OF AGENT FOR SERVICE OF PROCESS 

GKL CORPORATE/SEARCH. INC. 

11 STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE 

Type of Business 

12 DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION 

EXCHANGE 

13 THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT 

03/07/2017 KAISER NG CFO 

DATE TYPE.'PRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE 

Sl-350 (REV 01/20131 APPROVED BY SECRETARY OF STATE 
Division of 

Enforcement 

Via Email 

Howard Bernstein 

U.S. COMMODITY FUTURES TRADING COMMISSION 

Three Lafayette Centre 

1155 21st Street, NW, Washington, DC 20581 

Telephone: (202) 418-5000 

Facsimile: (202) 418-5937 

www.cftc.gov ANDRE\\/ I •. RIDF.Ml11R 

StNIOR TRIAL A I I IWNU' 

DIRtCI DIAL 

1202)418-54.)8 

,\RIDEN(Jt:R@CFTC.Ci()V 

September 22, 2015 

Chief Compliance Officer, Associate General Counsel 

Payward, Inc./Kraken 

548 Market Street #39656 

San Francisco, CA 94101-5401 

howard@kraken.com 

Re: Voluntary Request for Information Relating to Margin Trading 

Dear Mr. Bernstein: 

The Division of Enforcement ("Division") of the U.S. Commodity Futures Trading 

Commission (''CFTC") requests on a voluntary basis information regarding margin trading 

offered by Payward, Inc. and/or Kraken (collectively "Kraken'") on its Bitcoin exchange. Please 

respond to the questions and requests for documents in Appendix A by October 13, 2015. 

Also enclosed is a copy of the Commission's ''Statement to Persons Providing 

Information about Themselves to the Commodity Futures Trading Commission.,. which sets 

forth information explaining certain rights and obligations of persons from whom the 

Commission requests documents and routine uses of infonnation submitted to the Commission. 

The Division asks that the responsive documents be produced in electronic format 

according to the standards specified in the enclosed copy of the "CFTC Data Delivery 

Standards," and that it be sent via an encrypted file transfer protocol ("FTP") transfer; please 

contact me when a production is ready so that we can establish credentials for an FfP transfer. 

Please do not produce any documents via the U.S. Postal Service. All documents should be 

complete, legible, and arranged in chronological order. 

If you have any questions, please do not hesitate to contact me at (202) 418-5438. 

Andrew Ridenour 

Senior Trial Attorney 
Kraken 

September 22, 2015 

Enclosures: Appendix A - Questions and Requests for Documents 

CFTC Data Delivery Standards 

Statement to Persons Providing Information about Themselves to the Commodity 

Futures Trading Commission 

2 
Kraken 

September 22, 2015 

APPENDIX A 

QUESTIONS AND REQUESTS FOR DOCUMENTS 

Participation in Margin Trading 

1. Does Kraken offer margin trading to U.S. residents? Ifso, approximately how many U.S. 

residents have engaged in margin trading through Kraken since the option was 

introduced? 

2. Are there any restrictions on who can engage in margin trading? For instance, does 

Kraken perform credit checks or are there minimum net worth restrictions on who can 

enter into such transactions? 

3. Please provide a sample copy of any customer contract or terms of service provided to 

customers engaged in margin trading. 

Execution of Margin Trading 

4. What legal entity operates the Bitcoin exchange on which participants may engage in 

margin trading? 

5. Where is the physical hardware of the exchange located? 

6. Does Kraken act as the counterpa11y to the margin trading transactions? Or does Kraken 

match orders from different customers against each other in an order book? 

7. Do participants in the margin trading market know who the counterparties to their 

transactions are? 

Collection and Calculation of Margin 

8. In what currency may collateral for margin be posted (Bitcoin, US Dollar, other 

currency)? 

9. What legal entity holds posted margin? 

10. What recourse does Kraken or a counterparty have if posted margin is insufficient to 

cover obligations on a transaction (e.g., liquidate position, require additional margin)? 

11. What recourse does Kraken have if a counterparty with negative equity in an account 

refuses to post sufficient collateral to meet a margin call? 

12. What percentage margin must be posted for a trade? Does this vary depending on 

volatility in the spot Bitcoin market? Ifso, how are such detenninations made and 

communicated to market participants? 

Terms of Margin Trading Contracts 

13. Are there expiration or maturity dates on contracts available for margin trading? Ifso, 

what expiration or maturity dates are offered? 

14. If contracts in margin trading have expiration or maturity dates, can open transactions roll 

forward into a subsequent expiration or maturity date? 

Settlement of Margin Trading Contracts 

15. Are contracts in margin trading settled in the same currency as the margin posted as 

collateral? 

16. What legal entity distributes funds when a profitable margin trading contract is closed? 

3 
F1nJnciJI Industry Regulatory Authority 

April 29, 2019 

l Christopher Giancarlo, Chairman 

Commodity Futures Trading Commission 

Three Layfayette Centre 

1155 21 st Street, NW 

Washington, DC 20581 

RE: FINRA Filel(b)(Bl (bl(7l(CJ 

Dear Chairman Giancarlo, 

Enclosed is an investor complaint received April 4, 2019 which was received from i~lm(C) 

(bl(6l , gainst Kraken Exchange (b)(7)(C) · · 

Because this matter involves a complaint regarding parties and products that \Ve do not 

have jurisdiction over, we are forwarding this complaint to your office for investigation. 

The investor has been advised of this deferral. 

Please contact me if you have any questions. 

Sincerely, 

[ Cv1'WU.- μo;,.,llu'L\ 

Candi Hoskins 

Associate Principal Investigator 

FINRA Central Review Group 

Investor Complaint Center 

Encl: [Investor Complaint Letter] 

lrwe<,lor proled1011. M.irkcl 1nleg1ily 
Page I of 4 

Filing ID ~!)~Lr, leas,, reldir1 th, r·urnlJ~r rur furtl·er "'Y""'~' reg,m!rng this form)

Submitted Datej(b)(6) (b)(7)(C) 

Your form was submitted to FINRA successfully. Please print this form now 11 yOIJ wish to rcta,n a copy for your records. 

My complaint 

FINRA Investor Complaint Form 

All fields marked w1tl1 ~ are mardator, 

Tell us about your Investment 

Security Name FtCereum 

Security Symbol ETH 

Security Type• Other Security I ype 

Date and/or Period of Activity 

From Date• :IJIJ _·._, ·, F-"1 02/24/2Q'g 

ToDate','-IIIJO'Y{Y, 03,2·.:2orn 

Tell us about your Complaint 

What type of problem(s) are you Reporting? 

Primary Problem• M,src-present~t,or or m1s;learl1ng rnform~t,or 

Secondary Problem Errors rn pruuessir1g on!ers 

Amount ,n D1sputel(b)(~l ,_, I 

If your complaint involves a retirement account, please select the type of account: 

C IJd1neC r.onlrihut1or Pl;,n 

'",' ,, ·r II,, ,. .., ,r ·fl'l' 'l))C' ,,, I 

Defir,~,! Ber1d1l Plar· 

,i,"111 ·,, I , 1,, i 'l h-1 I H ',, fq•11,,,I 1 ,1·11 , ·:, .ul I 1,r ·icl, r 1-1111 I, 

C lnd1v1dual Retlremert Account (IRA) 

1'1•' ( 1'(111'1' ),.')•' )111,l••I ), )I' ')11,•l'I, 1')"11'•' ',1'1 ")Ill•'• 

r Keu~l1 Plar· 

~ •c·1•cmcr· , 11' 0 ,t,l·li,l·c 

•l1 .1·1111 1q•,, ,., 

C S1111pl1f1ed Employee Pension 1SEP) 

·f I!-'\ "d 11'1 I· I "-ld1I•• '>" ,., 

f- SIMPLE Plan 

111111 ••" ,•,, r- I'> I, ,11 "" .1 .... , 

(b)(6) (b)(7)(C) 
Page 2 of 4 

Complaint Summary 

Please provide a summary of your complaint. Summary is limited to 3800 characters * 

Do not provide personal conf1dent1al 1nformalion such as financial account numbers. Social Security numbers. or driver7s 

license information Such information will be requested by FINRA staff only when and if needed, and al the appropriate time 

I~musing tCc- Kmken cryptocurrerq, exchmgc torfbl/61 11 cntcrc-rl a 5x lc-·,crc-C position anrl w;,s 

hukfo1g rny ,ri,~slrri~r1I fm a fulur~ ,~II Jdle wh~r1 lh~ μm;e wa, h1g\1~r Om;e rriy pr1<.~ h1l, I lugg~,! 1r1lo ti,~ 

Krak~r· pl.alfurrn lo cull~,;! lhe μmfits I saw tliat ll·e usil1ur1s irist~a,! wer~ l1<;u1<liled Uμor1 dskir1g ll·e,r custmr1er 

serv,ce ,,rat happened. trey ,rformed me that b J/61 can only enter a margin trade for a period of 28 

days max I rave never seer t111s before or rear o 1s ary,vhere else So not only did tre Kraken excharge 

collect overfh1/R1 l1n rollover fees from me. trey caused me to loseiJ:iiZill:},a l1qu1dat1ons at a lo,ver price 

1rstead of me prof1t1rrfh1/mlas v,ould l1ave happened if they did not l1qu1date me after 2e days Nowrere 

does 11 sa; I am enteri~a; pos1t1or I also did not receive any emails from trem say1ns that I was ,n a 

pos;1t1on ~hout lo be- l1~u1d.,ted nor "ry olrer form of cont;,cl I h~ve- .,,ked them to re-cerse lh,s hul trey ;,re- nol 

hononrg m)' re-~1Jest Tre-y offered m~/h11filr f1Jture kc cre-d1ts; whch I re1ecte-d and lold them I would he filing;, 

crn11pl.air1l w1tl· FINRA, SEC ar·J DOJ 

Documentation 

What documentation are you able to provide? 

W Irade Confrrmallon 

I Montrly Accourt Statement 

! C"ncded creeks 

~ Corresponderce lo ard from Firm 

I i\,!v~r\isll'y ur M.irk~lir1y Mat~nal, 

W Nnl~s nf Co11,ersal1ur·s will· Firm 

r Subscription Agreement 

L otrer 

Click rere to attacr your document 

Please describe any other documentation you may have but cannot upload (tor example: documents in hard copy). 

The document description is limited to 250 characters. 

Tell us abo1Jt the firm 

FINRA Investor Complaint Form 

All fields marked with~ are mardator,' 

Tell us about the firm or entity about which you have a complaint 

Click on '"Add New'. then type part of the trrm name to see a list of FINRA registered firms. 

Brokerage Firm 

T::.· ll,•·1·11,i,P~•1·ur111-<-" ,.·11,'II•• ·11, 

0 ·1•.-·!1,,•.-cc,,,- 1·-,c1.-c·ctsc 0 ·1·.- 0 m11·t·, st 

Enter Firm Name or CRD Number: 

Firrri Narrie • 

Kr;,ken Fxchange 

CRD Numher 

: t·r 111 - 1amc 

-,-l,•1111 ·1.,11 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 
Page 3 of 4 

Tell us about the 1ndiv1dual about whom you have a complaint 

Was your salesperson or another individual involved in the conduct that is the subject of your complaint? • 

Contacts and actions taken 

FINRA Investor Complaint Form 

All fields marked wItl1 ~ are mardator, 

Firm Contact 

Have you complained to the firm? • 

r- Yes r No 

Please enter reference rumber 111 available,,, date of contact, name of contact, and status or resolution 

w1tl11r1 ll·e spdce a,d1l.abl~ b~luw Furlh~r ,!etails will b~ ~.ilh~reJ L,t~r ,n tl·e rnrnμlair1l process ,; "~~deJ 

Your 1r1pul "lirrnled tu 250 d·ardclers 

Ihw,e cnnt;,cled(b)(6) (b)(7)(C) ~nd trey ;,re- not Celp1ng me 

Other Regulatory Contact 

Have you contacted any other regulators?• 

r y~,r. No 

Arbitration 

Have you filed an arbitration claim?• 

<Ye,<oNn 

Legal Action Taken 

Have you taken legal action'>• 

<Ye,'°Nn 

May we contact you? 

FINRA Investor Complaint Form 

All fields marked with~ are mardator,' 

Tell us about yourself 

I l'l•.,cl1- H , 111 HI I l11-• 111. 1'_1,' l11-- I ii•• 

a·lc "ICPC -1°1, 1, 

N ,.-. ·I !,' . 

.•~.c• "e k 

Do you wish to make an anonymous complaint? * 

r, No 

r Yes; - Iwish lo m;,kc- ar aronymou, cnmpl,,int 

Are you submitting this complaint for yourself or on behalf of someone else? * 

(b)(6) (b)(7)(C) 
Page 4 of 4 

r. s~1r 

r Other 

Your Contact lnformat,on 

What is the best way lo contact you should we have additional questions to better understand your complaint or gather more 

information? 

b)(6) (b)(7)(C) 

Click on "Add New", then enter a phone number. 

1 Phone and Fax Numbers 

l(b)(6) (b)(7)(C) 

Are you active, or have recently been active, ,n the United States Military? • 

l(b)(6) (b)(7)(C) I 

Please select the age range that corresponds to you 

(b)(6) 

(b)(7)(C) 

(b)(6) (b)(7)(C) 
- -

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'lfiJ' Google C X Crypto V. x @ CryptocL x @ El1tco1n C " Cl chat.the, x X l'ffl Kraken " !7J Los Ang, x Investor , x .. 1199 unr• X + 

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l/o' ci'Vi5'1{Kraken Support) lribux 

Unread 

Hellol!:§'2::§'I Starred 

Drafts As s1c11ed in the ·11., :j1•1 I I Jlh 1·1c1 · 11· I ,-, 1·. we are not required to contact you prior to the expir;:ition of the 28-day term and may liqu1dc1te your 

Sent pos1t1011s without w,1rning. 

Archive 

We do understand that this information was not presented to you expl1c1tly on the pos1t1ons page in your Kraken dCCOunt, but 11 1s clearly written rn Spam our 1 -r ·11, .- t ',~r .. 1( ,-

Tra~t, 

Margin Disclosure Statement 

Views iii· 

Photos 

Customers with accounts registered in the United States are limited to a 28-day ma:,;imum financing term for maintaining open 

nnr.LJmP.nt~ margin positions. Margin positions held beyond 28 days will be automatically liquidated. We are not required to contact you pnor· to the 

o~als exp11at1011 of the 28-day term and may liquidate yoU1 po,1t1ons without wa1n1nq. You a,e expecteJ keep t,ack of yoU1 rna1q1n pos,t1ons and 

>ettlt' ur utlit'rwi,t Liu, .. tf,., μu,1l1ur1, w1ll1111 28 cldy, Tlit' 28-cldy lt'rr!l i, fixt'J dllcl ~d[llllJl u.. t'Xt~rn.frJ. Purchases 

Groceries 

Travel Plea,e note that above you will find ,everal link, 111 blue text to our support pages which you may find helpful 

Tutorial, 

A, ii tokf'n of our ;irrrf'r1;it1on for you rhon,mg Kr.1kf'n, Wf' would ltkf' to offpr yot~ .:::::.::::::f1,·, ,, 11 1,·, , 1,·,·11, ·•,I This tllf'ilns thf' nf'XIL.=JIJ<;f) - f:§81 m trading and margin fees are on us Folders ti,· 

+ New Folder Please note that KF[L. cannot be used for deposit or withdrawal fees 

.:,,. "'-~~ ~11mm 1-c, ~~ c f'iJ~ "JG 
4/Ji2019 Yahoo Mail - Your cha I transcripl wilil Sllppol'l.krakcn.com (04 Apr 2019. 04:0~ AM GMT) 

Your chat transcript with support.kraken.com (04 Apr 2019. 04:05 AM GMT) 

Frotll. Chat Transcript (noreply@zopim.com) 

To: fb)(6) (b)(7)(C) 

Dato· Wednesday, April 3, 2019, 9:34 PM PDT 

Chat Transcript with Kraken User 

Chat started on 04 Apr 2019, 04:05 AM (GMT+0) 

(04:05:02) ... Kraken User joined the chat .., 

(04:05:02) Kraken User: Are some of my positions still open? I 

thought all m positions were liquidated. I dont 

understand what is going on . 

(04:05:12) ..f~!!!!~. lioined the chat'" 

(04:05:37) ~])~l,r, Hi there, l'm)~])~Lr, Please give me a moment to 

look. 

(04:07:40) (bl(6l All of your ETH/USO positions are still open and 

are in the green. 

(04:08:05) Kraken User: I am not understanding Kraken. I was told 

my positions were liquidsted 

(04:08:30) Kraken User: Because it was over 28 days and Im in 

(b)(6) 

/h1/71/ 

(04:08:44) Kraken User: Why are some positions still open if they 

are from the 28 day position? 

(04:09:15) ~!)~Lr, Yes, you have had positions that were but the 

positions that were not liquidated are still open. 

(04:09:34) Kraken User: Why were some liquidated and some 

werent? 

(04:09:39) Kraken User: makes no sense 

(04:10:15) )~])~Lr, It has to do with margin levels and the order in 

which the positions were executed. 

(04:10:59) Kraken User: What day were these trades opened? 

(04:11:11) 11~1\~Lc, IYou have 10 open positions at the moment. 

(04:11 :36) Kraken User: I see 16 positions 

(04:12:16) 11~1\~Lc, !Excuse me, you are correct. 16 open positions. 

(04:12:32) Kraken User: What day were they opened? 

(04:12:39) Kraken User: I cannot see from the interface 

(04:13:05) )~])~l,r, If you click on each of the order numbers it shows 

when you opened the position. 

\/4 
4/Ji2019 

(04:13:32) 

(04:14:24) 

(04:16:57) 

(04:17:15) 

(04:17:23) 

(04:17:56) 

(04:20:14) 

(04:21 :15) 

(04:21 :15) 

(04:21 :28) 

(04:21 :32) 

(04:21 :56) 

(04:22:27) 

(04:24:38) 

(04:24:38) 

(04:24:43) 

(04:24:55) 

(04:25:24) 

(04:25:32) 

(04:25:50) 

(04:25:59) 

(04:28:15) 

(04:28:56) 

(04:29:07) 

(04:29:08) 

(04:29:27) 

(04:30:16) 

(04:30:29) 

(04:30:37) 

(04:31 :09) 

Yahoo Mail - Your cha I transcripl wilil Sllppol'l.krakcn.com (04 Apr 2019. 04:0~ AM GMT) 

Kraken User: Its not letting me click on them to open 

them 

(bJ(BJ One moment please. 

~-~ 

(b)(7)(C) I . k' . f . I d I d'd t Is ta ing quite amount o time to oa . 1 see 

one position was opened on 02/24/19. 

Kraken User: so why wasnt that liquidated? 

Kraken User: if its past the 28 days? 

Kraken User: i am very confused. I also would like to 

know the dates of all of the positions when they were 

opened please 

"' (bl(5I left the chat"' /L-.\/7\ff' 

'H Kraken User has rated the chat Bad d~

*** Kraken User has commented: Chat did not answer 

question *** 

Kr~ser: Hello 

*** b)(B) 1·oined the chat *n 

b 7 C 

Kraken User: ~!)~!w.i can you read chat? Last person 

left unnanounced;c.,.,_~ 

l/~~/~Lc, IHi there, /~~/~~1r:1 here, sorry about this,l/~~/~Lc, I 

must been disconnected. Let me transfer this to a 

specialist to help you, please stay online. 

Krf!.!\,!,IJLJ./ser: o k 

'H (bl(5l has transferred chat to Trading d~ 

*** (b)(B) joined the chat *n 

b)(6) 

h1m1r:1 Hi there!--~ Kraken User: hi )~!)~Lr, 

" (bl(6I left the chat '" 

/~l/~lrci Let me take a look at your account. 

Kraken User: ok 

)~!)~!w_1 I am going to have to turn this into an email 

support ticket, is that OK? 

Kraken User: not really, because I dont know how 

much time I have left on these positions. I already got 

screwed by Kraken liquidating some of my positions 

Kraken User: I want to know what is going on and if I 

need to take action to close them now 

(bl(5l (bl(7J(CJ Liquidations is outside the scope of our live 

C at SU ort. 

bl(6l (bJ(7J(CJ Our trading team will get back with you 

promptly though. 

Kraken User: This is crypto ~!/~!w.i It can do alot in a 

short time. What dates were these positons opened and 

why was some liquidated and some left open? There 

doesnt seem to be any sense to this 

Kraken User: Kraken already cost me over 1Ok 

Kraken User: I dont have time to wait for tickets 

bJ(Bl (bl(7J(CJ For ~])~l,r lients margin positions have 28 day 

term limits, however looking at your account. I can see 

some positions that were opened 2/24 and not closed 

until 4/2. 
4/Ji2019 

(04:31 :30) 

(04:31 :56) 

(04:32:03) 

(04:32:13) 

(04:32:27) 

(04:32:41) 

(04:32:49) 

(04:32:52) 

(04:32:57) 

(04:33:18) 

(04:33:24) 

(04:33:44) 

(04:33:48) 

(04:33:55) 

(04:34:02) 

(04:34:04) 

(04:34:26) 

NAME 

EMAIL 

PHONE 

LOCATION 

URL 

DEPARTMENT 

SERVED BY 

RATING 

coMMENT 

Yahoo Mail - Your cha I transcripl wilil Sllppol'l.krakcn.com (04 Apr 2019. 04:0~ AM GMT) 

(bl(6l (bl(7J(CJ That is why I'll need to turn this into an email 

ticket. I'm not able to go beyond that over live chat. Our 

trading team will. 

Kraken User: And if they wrent closed until 4/2 why did 

I not make profits off them? 

Kraken User: my sell price hit 

Kraken User: yet I am in the negative? 

l(bl(6l (bl(7J(CJ !These questions are outside of what I'm able 

to discuss on live chat. 

)~])~l,r, Can I go ahead and make this an email ticket? 

Kraken User: I need this answered asap 

Kraken User: not tomorrow 

!~!!!!,,. IIt will be today. 

Kraken User: are my positions that are somehow open 

at risj of being liquidated? 

Kraken User: risk~ 

(bl(6l (bl(7J(CJ I will turn this into an email ticket now. 

Thanks for chatting with me today. 

Please note that we need you to close the '-,~-~ 

chat on your end before we can convert and transfer 

your ticket to the appropriate department. To end this 

chat. please click the "Options" button at the bottom left 

of your chat window and select "End this chat". Thank 

you for your cooperation and have a great day! 

*** Kraken User has removed the chat rating ~** 

*** Kraken User has rated the chat Bad ~** 

·" Kraken User left the chat "· 

Kraken User 

(b)(6) (b)(7)(C) 

Trading 

"l(b~)(~6)~(~b)~(7~)(C~)-----, 

Bad 

Chat did not answer question 
4/Ji2019 Yahoo Mail - Your cha I transcripl wilil Sllppol'l.krakcn.com (04 Apr 2019. 04:0~ AM GMT) 
Note 

Kraken B4414 

FROM: questions 

DATE: Wednesday 04/21/2021 08:51 AM 

TO: Enforcement 

SUBJECT: FW: [EXTERNAL] Fwd: [Kraken Support] [Kraken Support] Re: Re: [Kraken Support] Re: 

Kraken's failure to protect my account from international fraud criminals 

From: tb)(6) (b)(7)(C) 

Sent: Friday, April 16, 2021 6:38 AM 

To: Kraken Support 

Cc: Help@sec.gov; questions 

Subject: [EXTERNAL] Fwd: [Kraken Support] [Kraken Support] Re: Re: [Kraken Support] Re: Kraken's failure 

to protect my account from international fraud criminals 

CAUTION: This email originated from outside ofCFTC. DO NOT click links or open attachments unless you 

recognize and/or trust the sender. If you believe this is SPAM simply block sender and delete the email. If you 

suspect this to be a phishing attempt, please use the "Report Phishing" button on your Outlook menu bar. 

(b)(6) 

(b)(7)(C) 

I still mvait an answer to my email belO\v. 

I will advise you that I have being keeping a record of every correspondence I have had with Kraken and it is 

with the utmost disbelief as to why you cannot explain to me what your 'wavier' is covering. 

I have copied the SEC and CFTC on this as I have been a victim of sophisticated global scammers assisted by 

Kraken facilitating in stealing my funds. 

I would appreciate ifKraken would refrain from advising me (demanding) that I stop writing to yourselves and 

that I try and resolve the issue myself. 

This clearly is unacceptable customer service. Kraken are aware that I have lost a significant amount to these 

scammers, they are also aware that I have an account with Kraken (which I was told to open by the scammers) 

and therefore have a contract with Kraken. I noticed that on the 13 April 2021, Kraken CEO, Jessie Powell, did 

an interview, with FOXBUSINESS, criticising regulation in the USA and that he is in regular contact the SEC & 

the CFTC on such issues. He also stated that if USA didn't start to make, what is in his opinion, more progress 

on crypto regulation that he \vould be considering moving his main operations to the UK, Tokyo and UAE. 
I'm just one client of Kraken's. I am a vulnerablel(bl(5

l (bl(7l(CJ Ithat has been left 

scammed out of, what is to me but may not be to Jesse Powell, a very large amount of money. 

I have been forced to beg Kraken now, over a period of 3 months, to help me and to try and understand that these 

criminals clearly compromised Kraken's KYC and AML systems and protocols to steal all ofmy money. 

I believe and it is my genuine opinion that Kraken are not doing enough to prevent these criminals from getting 

access to Kraken's customers funds. You will see below evidence of this. 

Unfortunately I have had the horrific experience of being a victim not only to the scammers but I feel also a 

victim to Kraken as that is what Kraken is making me feel like by not assisting and helping me through this. 

I mvait your response. 

fb)(6) (b)(7)(C) 

Excerpt from European Funds Recovery Initiative (EFRI) 

KayaFX, KontoFx, Libra Markets, Olympia Markets, Funds Recoveiy 

KayaFX, Kontofx, Libra Markets, Olympia Markets, Uprofx, Proufx Trading Scam 

Case Description 

KayaFx, Kontofx, .. are illegal, unregistered FOREX I CFD I asset trading platforms and are operated according 

to our findings by the same beneficial owners (BO). 

KayaFX is currently officially operated by UK-registered AlphaTec Ltd.Previously, the registered in Estonia 

Gamma Tech Services O? was specified as the operator. Although KontoFX is O\Vned by the company NTMT 

Transfomiatic Markets from the Estonian capital Tallinn, it is allegedly operated from Hungary.Both sides are no 

longer accessible. Auch UproFX and ProutX have an official O\Vner in Estonia. 
There are investigations in various European countries. 

The payment service providers involved in these cases are mainly ciypto currency exchanges, CB Investments 

Ltd, KRAKEN (via an account ofFIDOR Bank, Germany). 

Case Procedure 

The information so far suggests that all these systems are operated by the same persons (beneficial owners). 

Together with deceived investors and legal representatives, investigations into the background and operations are 

ongoing to seek recovery of claims for injured investors. 

Begin forwarded message: 

From: rb)(6) (b)(7)(C) 

Subject: Re: [Kraken Support] [Kraken Support] Re: Re: [Kraken Support] Re: Kraken's failure to protect my 

account from international fraud criminals 

Date: 9 April 2021 at 14:37:38 GMT+l 

To: Kraken Support> 

(b)(6) 

(b)(7)(C) 

I sent you a response on 2 April 2021. In this response I made it clear that I would like to follow your 

instructions however, I requested that you explain to me what the 'waiver' that you wish me to sign is for?? If 

you can come back to me with an explanation on what the 'waiver' is for then I will be happy to follow the 

instructions. 

(b)(6) (b)(7)(C) 

On 6 Apr 2021, at 08:57,l(b)(Bl (bl(7J(CJ f wrote: 
b)(6) 

b)(7)(C) 

I would like to follow the instructions but as per my previous email can you please give me details on the 

'waiver' part - responded to your email on 2 April - still awaiting a response re the 'waiver' part. 

rb)(6) (b)(7)(C) 

On 2 Apr 2021, at 19:49,l/~lmrci tKraken Support)> wrote: 

##- Please type your reply above this line -## 

b)(6) (Kraken Support) b)(7)(C) 

Apr 2, 2021, 11:49 PDT 

ff (b)(6) 1(b)(7)(C) 

As per our previous replies, to provide the requested account information, we need to verify your identity. 

Unless and until you provide the requested materials, we are unfortunately unable to proceed with this request. 

To avoid further delay, please follow the instructions we advised in our previous emails. We also advise that you 

refrain from opening additional tickets as they \Von't also be processed until \Ve have verified your identity. 

This is our final response on this matter. 

Regards, 

(b)(6) 

(b)(7)(C) 

C 1ent Engagement Team 

(b)(6) Your request (num ber (bl(7J(CJ is currently marked in our system as 'Solved', which means \Ve think your issue 

has already been resolve . 

If it has not yet been resolved, let us know by replying to this email. 
To protect your personal information, \Ve ask that you delete this email thread. 

This email is a service from Kraken Support. Delivered by Zendesk . 

l(b)(6) (b)(7)(C) 
ll.1111CFTC 

COMMOO11Y FUTURES TR/\DINC COMMISSION 

FORMTCR 

TIP, COMPLAINT OR REFERRAL 

0MB Approval Number: 3038-0082 

UNITED ST A TES 

COMMODITY FUTURES TRADING COMMISSION 

Please be advised that pursuant to 5 C.F.R. § 1320.5(b)(2)(i), you arc not required to respond to this collection of information unless 

it displaJs a l'Urrentl)' v·alid 0MB control number. Information provided on this Form TCR, and it, related attachments and 

addendum~, i~ CON.FIDEXflAL and cannot be distributed out~ide of the Commission 1-l'ithoul the written approval of the CFTC 

Whistlcblower Office and the Dh'ision of Enforcement. 

SUBMISSION INFORMATION 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

B. YOUR ATTORNEY'S INFORMATION (If Applicable - See Instructions) 

1. Attorney's Name 

2. Firm Name 

3. Street Address 

4. City 5. State/Province 6. ZIP/Postal Code 17. Country 

8. Telephone 9. Fax IO. E-mail Address 

C. TELL US WHO YOU ARE COMPLAINING ABOUT 

INDIVIDUAL/ENTITY 1 

1. Type 2. If an individual, specify profession. If an entity, specify 

Confirmation Number 

(b)(3) 7 USC §26(h)(2)(A) KbJ~3_J7_~u-~_c__ I 
u Individual blJ Entity type 

Payward Limited (Kraken.com) a cryptocuffency brokerage. 

3. Name 

Payward Limited 

4. Street Address 5. ApartmenUUnit# 

6. City 7. State/Province 8. ZIP/Postal Code 9. Country 

10. Telephone 11. E-mail Address 12. Internet Address 

13. If JOU are complaining about a firm or individual that has custodJ or control of your im,estments, have you 

had difficulty contacting that entity or individual? 

Yes 

14. Are you, or were you, associated with the individual or firm ,vhen the alleged conduct occurred? 

Unknown 

If yes, describe how you are, or were, associated with the individual or firm you are complaining about 

15. What was the initial form of contact between you and the person against ,vhom you are filing this complaint? 

Internet Advertisement 

If other, please describe 

D. TELL US ABOUT YOUR COMPLAINT 

1. Occurrence Date (mm/dd/JJJJ) 

02/22/2021 

2. Is the conduct on-going? 

Yes 

3. Please select the option(s) that best describes Jour complaint 

□ Fraudulent representations that persuaded JOU to trade futures, options, swaps, forex, retail commodity, or

leveraged transactions 

0 Some f:ype of cheating or fraud that occurred after JOU had deposited funds to trade futures, options, 

swaps, forex, retail commodity, or leveraged transactions (for example, if someone used the funds :you 

deposited to pay off someone else or you have asked for the return of your funds and have been refused). 

□ Someone or some firm that should be registered under the Commodity Exchange Act, but is not. 

0 Disruptive or manipulative trading activity in the futures, options or swaps markets. 

□ The trading of futures options, or swaps based upon confidential information by someone not allowed to

use such information. 

□ Complaint does not fit into anJ of the abo,,e-described categories

If your complaint does not fit into any of the above-described categories please describe below. 

4. Select the type of product/instrument: 

□ A futures contract, including a single stock futures contract, a narrow based or broad based security future

contract. 

□ An option on a futures contract, an option on a commodity, BUT NOT an option on a security or a basket

of securities. 

□ A swap, including a mixed swap BUT NOT a swap based on a single security or based on a narrow (i.e.,

nine or less) index of securities. 

□ A cash (or physical) contract traded in interstate commerce.

Confirmation Number 

(b)(3) 7 USC §26(h)(2)(A) t~l£3),7 Y,~,c J,~~f~}2J(Al I Page2of11 
□ A foreign currency transaction.

If a foreign currency transaction: 

Are you an individual that trades or invests more than $10,000,000 on a discretionary basis? 

□ □ YES NO

Are you an individual that trades or invests more than $5,000,000 and enters into the foreign currency 

agreement to manage the risk associated ,vith some other asset or liability? 

□ □ YES NO

□ A commodity transaction entered into or offered on a leveraged or margined basis, or financed by the

offeror, the counterparty, or someone acting in concert with the offeror or counterparty. 

If yes: 

Are you an individual that trades or invests more than $10,000,000 on a discretionary basis? 

□ □ YES NO

Are you an individual that trades or invests more than $5,000,000 and enters into the foreign currency 

agreement to manage the risk associated with some other asset or liabilitJ? 

□ □ YES NO

0 Other 

If other, please describe 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) I 

5. If applicable, what is the name of product/investment'! 

Cardano (ticker ADA) 

6. Have JOU suffered a monetary loss? 

0 YES □ NO

If yes, describe how much. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

7. Has the individual or firm who engaged in the conduct acknowledged their fault'! 

□ YES 0 NO

8. Have you or anyone else taken any action against the firm or person ,vho engaged in the alleged conduct? 

0 YES □ NO

If yes, select the appropriate category: 

□ Prior complaint to the CFTC.

0 Complaint to another regulator. 

□ A state or federal criminal law enforcement entity.

□ A legal action filed against the person or firm in a court of law.

Additional comments based on above selection (e.g., Who, When, Contact, To whom made, Case Number, 

Court). 

~b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) I 

9.State in detail all facts pertinent to the alleged violation. Explain why :you believe the facts described constitute 

a violation of the Commodity Exchange Act. 

~b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) I 

10. Describe all supporting materials in your possession and the availability and location of any additional 

supporting materials not in JOur possession. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) I 

Page3of11 (b)(3) 7 USC §26(h)(2)(A)

ff'.FA1 /h1/R1 /h1/71ff'.1 
E. WHISTLEBLOWER PROGRAM 

1. Describe how and from whom JOU obtained the information that supports your allegations. If any information 

was obtained from an attorney or in a communication where an attorney was present, identify such information 

with as much particularity as possible. In addition, if any information was obtained from a public source, 

identif:y the source with as much particularity as possible. 

)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2. ldentifJ with particularity anJ documents or other information in JOur submission that you believe could 

reasonably be expected to reveal your identity and explain the basis for your belief that your identity would be 

revealed if the documents or information were disclosed to a third party. 

l(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) I 

3. Have you or your attorney had any prior communication(s) with the CFTC concerning this matter? 

□ YES 0 NO

If "Yes," please identify the CFTC staff member(s) with whom you or your attorney communicated: 

4. Have you or your attorney provided the information to any other agency or organization, or has any other 

agency or organization requested the information or related information from you? 

□ YES 0 NO

If "Yes," please provide details. 

If "Yes," please provide the name and contact information of the point of contact at the other agency or 

organization, if known. 

5. Does this complaint relate to an entity of which you are or were an officer, director, counsel, employee, 

consultant or contractor? 

□ YES 0 NO

If "Yes," have you reported this violation to your supervisor, compliance office, whistle blower hotline, 

ombudsman, or any other available mechanism at the entity for reporting violations? 

□ □ YES NO

If "Yes," please provide details including the date you took the action(s). 

6. Have you taken any other action regarding your complaint? 

0 YES □ NO

If "Yes," please provide details. 

l\~/Q/ ~. ~,.2,£,§26(h)(2)(A) (CEA) I 

7. Pro,,ide any additional information that you think may be relevant. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

F. WHISTLEBLOWER ELIGIBILITY REQUIREMENTS AND OTHER 

INFORMATION 

1. Are you currently, or were you at the time that you acquired the original information that you are submitting 

to the CFTC, a member, officer or employee of: the CFTC; the Board of Governors of the Federal Reserve 

System; the Office of the Comptroller of the Currency; the Board of Directors of the Federal Deposit Insurance 

Corporation; the Director of the Office of Thrift Supervision; the National Credit Union Administration Board; 

the Securities and Exchange Commission; the Department of Justice; a registered entity; a registered futures 

association; a self-regulatory organization (as defined in 3(a) of the Securities Exchange Act of 1934 (15 

U.S.C.78c(a))); a law enforcement organization; or a foreign regulatory authority or law enforcement 

organization? 

□ YES 0 NO

Confirmation Number 

(b)(3) 7 USC §26(h)(2)(A) l\~1£3),7 Y,~,c J,~~f~}2J(Al I Page4of11 
2. Are you providing this information pursuant to a cooperation agreement with the CFTC or another agency or 

organization? 

0 YES □ NO

3.Before you provided this information, did you(or anyone representing you) receive any request, inquiry or 

demand that relates to the subject matter of this submission(i) from the CFTC, (ii) in connection with an 

investigation, inspection or examination by any registered entity, registered futures association or self-regulatory 

organization (as defined in 3(a) of the Securities Exchange Act of 1934(15 U.S.C.78c(a))), or(iii) in connection 

with an investigation by the Congress, or any other federal or state authority? 

□ YES 0 NO

4. Are you currently a subject or target of a criminal investigation, or have JOU been comicted of a criminal 

violation, in connection with the information that you are submitting to the CFTC? 

□ YES 0 NO

5. Did you acquire the information being provided to the CFTC from any person described in Questions 1 

through 4 above? 

□ YES 0 NO

6. If you answered "Yes" to any of Questions 1 through 5 above, please provide details. 

G. PRIVACY NOTICE AND WHISTLEBLOWER'S DECLARATION 

PRIVACY ACT STATEMENT 

PRIVACY ACT STATEMENT 

The collection, maintenance, and disclosure of this information is governed by the Privacy Act of 1974 (5 U.S.C. § 

552a). 

The information provided will help the Commodity Futures Trading Commission ("CFTC" or "Commission'') identify, 

investigate, and prosecute violations of the Commodity Exchange Act ("CEA") or the regulations promulgated 

thereunder.Han individual wi~he~ to be considered ror the Commission·~ whistlcblower award program, the 

information provided will also be used by the Commission to determine the individual's eligibility for payment of an 

award. 

I. AUTHORITY 

The Commission·~ collection or this inrormation f"rom persons seeking lo participate in the Commis~ion's 

whistleblower program is authorized under 7 U.S.C. § 26 and 17 C.F.R. § 165. 

2. ROUTINE USES 

The Commission may disclose this information when required to a del'cndant or respondent in connection with a 

public proceeding instituted by the Commission. In addition, if the Commission determines such disclosure is 

necessary or appropriate to accomplish the purposes of the CEA or to protect the public, the Commission may 

disclo~e this inrormalion to the Department or Ju~tice; an appropriate department or agency or the Federal 

Government: a state attorney genernl: any appropriate department or agency of astute; u registered entity, 

registered futures association, or self-regulatory organization ( as defined in Section 3(a) of the Securities 

Exchange Act of 1934 (15 U.S.C. § 78c(a)): or, a roreign futures authority. 

The information will be maintained and any disclosures will be made in accordance with the Commission's 

Privacy Act system of records notices (SORNs) CFTC-49, Whislfehfower Records available at 77 FR 41378, 

CFTC-10, lnvestiiatmy Records availuble ut 76 FR 5973, and CFTC-16, En/Orcement Cnse Fifes uvailable at 76 

I-ii{ 5973, exercised in accordance with the confidentiality provisions in the CEA and 17 C.F.R. § 165.4. A 

complete set or blanket routine u~es f"or Commi~sion SORNs is published in the Federal Reiistt'I' at 76 FR 5974 

(Feb. 2, 2011). 

3. EFFECT OF NOT PROVIDING INFORMATION 

Confirmation Number 

l(b)(3) 7 USC §26(h)(2)(All Page5of11 b)(3) 7 USC §26(h)(2)(A) 
Furnishing information on or through this form is voluntary and may be done anonymously. However, failure to 

provide identifying information may result in ineligibility for consideration under the Commission's 

whistlcb\owcr award program. Award candidate~ musl be idcntil'ied lo a limited number or Commi~sion staff l"or 

a final eligibility determination, and in unusual circumstance~ may need to be identified publicly for trial. 

WHISTLEBLOWER'S DECLARATION 

I declare under penalty of perjury under the laws of the United States that the information contained herein is 

true, correct and complete to the best of my knowledge, information and belief. I fully understand that I may be 

subject to prosecution and ineligible for a whistleblower award if, in my submission of information, my other 

dealings with the Commodity Futures Trading Commission, or my dealings with another authority in 

connection with a related action, I knowingly and willfully make any false, fictitious or fraudulent statements or 

representations, or use any false writing or document knmving that the writing or document contains any false, 

fictitious or fraudulent statement or entry. 

Print Name 

(b)(3)7USC 

S?R/h 11?1/A1/(;FA1 I 

0 Check this box to agree with the declaration abo,,e. 

Date 

(b)(3)7USC 

~')"fh\f')\fA\ I

H. COUNSEL CERTIFICATION 

I certify that I have reviewed this form for completeness and accuracy and that the information contained herein 

is true, correct and complete to the best of my knowledge, information and belief. 

I further certify that I have verified the identity of the whistleblower on whose behalf this form is being 

submitted by viewing the whistleblower's ,,aJid, unexpired government issued identification(e.g., drh,er's license, 

passport) and will retain an original, signed copy of this form, with Section G signed by the whistle blower, in my 

records. I further certify that I have obtained the whistlehlower's non-waivahle consent to provide the 

Commodity Futures Trading Commission with his or her original signed Form TCR upon request in the event 

that the Commodity Futures Trading Commission requests it due to concerns that the whistleblower may have 

knowingly and willfully made false, fictitious or fraudulent statements or representations, or used any false 

writing or document knowing that the writing or document contains any false, fictitious or fraudulent statement 

or entry; and that I consent to he legally obligated to do so within seven(?) calendar days of receiving such a 

request from the Commodity Futures Trading Commission. 

Print Name of Attorney and Law Firm, if Applicable 

□ Check this box to agree with the declaration above.

Date 

FILES UPLOADED 

No files uploaded 

(b)(3) 7 USC §26(h)(2)(A) Page6of11 b)(3) 7 USC §26(h)(2)(A) W.FA1 /h1/R1 /h1/71W.1 f".FA1 /h1/R1 /h1/71W1 
Submission Procedures 

Qucstiom concerning this rorm may be directed to Commodity Futures Trading Commis~ion, Whistlcb\owcr Office, 

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

• Ir you arc wbmitting inl"ormation ror the CFTC'~ whistlcblower award program, you must submit your 

information using this Form TCR. 

You may submit thi~ form electronically, through the Web portal found on the CFTC'~ Web site at 

http://11·11·w.whistlt'blower.gov. You may aho print this rorm and wbmit it by mail to Commodity Future~ Trading 

Commission, Whistleblower Office, Three Lafayette Centre, I 155 21st Street, NW, Washington, DC 20581, or by 

facsimile to (202) 418-5975. 

• You have the right to submit information anonymously. If you do not submit anonymously, please note that the 

CFl'C is required by law to maintain the confidentiality of any information which could reasonably identify you, 

and will only reveal such information in limited and specifically - defined circumstances. See 7 U.S.C. 26(h)(2); 

17 CFR 165.4. However, in order to receive a whistlehlower award, you will need to be identified to select CFTC 

staff for a final eligibility determination, and in unusual circumstances, you may need to be identified publicly for 

triul. You should therefore provide some meuns for the CFTC's stuff to contuct you, such a~ u telephone number 

or an email address. 

Instructions for Completing Form TCR 

General 

• All references to '·you" and "your" are intended to mean the complainant. 

Section A: Tell Us about Yourself 

Questions 1-14: Please provide the following information about yourself: 

• last name, rirst name, and middle initial; 

• complete address, including city, state and zip code; 

telephone number and, if uvailable, an ulternate number where you cun be reuched; 

• your e-mail address (to facilitate communications, we strongly encourage you to provide an email address, 

especially if you are filing anonymously). 

• your prcl'eJTcd method or communication: and 

• your occupation 

(b)(3) 7 USC §26(h)(2)(A) Page7of11 b)(3) 7 USC §26(h)(2)(A)

,rc:A\ '""'" tL-s\n\fr\ 
Section B: Your Attorney's Information 

Complete this section only if you arc represented by an allorncy in this matter. 

Questions 1-10: Provide the following information about your attorney: 

• allorncy's name; 

• firm name; 

• complete address, including city, slate and zip code; 

• telephone number and fax number; and 

e-mail addres~. 

Section C: Tell Us Who You Are Complaining About 

Questiom 1-2: Choo~e one of the follm.,,·ing that best de~cribes the individual's profes~ion or the type of entity to \Vhich 

your complaint relate~: 

• For Individuals: accountant, analyst. associated person, attorney, auditor, broker, commodity trading advisor, 

commodity pool operator. compliance officer, employee, executing broker. executive officer or director. financial 

planner. floor broker, floor trader. trader. unknown or other (specify). 

For Entities: bank. commodity pool, commodity pool operator. commodity trading udvisor. futures commission 

merchant. hedge fund, introducing broker. major swap participant, retail roreign exchange dealer. swap dealer. 

unknown or other (specify). 

Questiom 3-12: For each individuul and/or entity. provide the following informution, if known: 

• full name 

complete address, including city, state and zip code; 

• telephone number; 

• e-mail addres~; und 

• internet addrcs~. if applicable. 

Question 13: lfyou are complaining about a firm or individual that has custody or control of your investments, indicate if 

you have had difficulty contacting that entity or individual. 

Question 14: Identify if you are, or were, associated with the individual or firm you are complaining about. If yes, 

describe how you are. or were. associuted with the individual or firm you are complaining about. 

Confirmation Number 

(b)(3) 7 USC §26(h)(2)(A) Page8of11 b)(3) 7 USC §26(h)(2)(A) fr..,C:A\ fL-s\f,O\ /L-s\/7\ff'\ 
Question 15: Identify the initiul form of contuct bet\veen you and the person aguinst whom you are filing this complllint. 

Section D: Tell Us About Your Complaint 

Question I: State the date (mm/dd/yyyy) that the alleged conduct occurred or began. 

Question 2: Identil"y irthc conduct is on-going. 

Question 3: Choose the option that you believe best describes the nature of your complaint. If you are alleging more than 

one viollltion, please li~l all that you believe may apply. 

Question 4: Select the type of product or instrument you are complaining about. 

Question 5: If upplicable, please nume the product or imtrument. If yes, plea~e describe. 

Question 6: Identify whether you have suffered a monetary loss. If yes, please describe. 

Question 7: Identify if the individual or firm you me compluining ubout ucknowledged their fault. 

Question 8: Indicate whether you have taken any other action regarding your complaint, including whether you 

complained to the CFTC, another regulator, a law enforcement agency, or any other agency or organization, or initiated 

legal uction, mediation, arbitration or uny other action. If you anw,rered ye~. provide details, including the <lute on \Vhich 

you took the aclion(s) described, the name of the person or entity lo whom you directed any report or complaint, and 

contact information for the person or entity, if known, and the complete case name, case number and forum of any legal 

uction you have tuken. 

Question 9: State in detail all facts pertinent to the alleged violation. Explain why you believe the facts described 

constitute a violation of the Commodity Exchange Act. 

Question 10: Describe all supporting materials in your po~session and the availability and location or any additional 

supporting materials not in your possession. 

Section E: Whistleblower Program 

Question I: Describe how you obtained the information that supports your allegations. If any information was obtained 

from an attorney or in a communication where an attorney was present, identify such information with as much 

particularity a~ po~siblc. In addition, if" any inl"ormalion was obtained l"rom a public source, identify the ~ourcc with as 

much particularity as possible. 

Question 2: Identify any document~ or other information in your ~ubmis~ion on this Form TCR that you believe could 

reasonably be expected to reveal your identity. Explain the basis f"or your belief" that your identity would be revealed if" 

the documents or information were disclosed to a third pa1ty. 

Question 3: State whether you or your attorney have had any prior communicution(~) with the CFTC concerning this 

Confirmation Number 

(b)(3) 7 USC §26(h)(2)(A) l\~1£3).7 Y.~.c J.~~_(~}2J(All Page9of11 
mutter. If you answered "yes", identify the CFTC staff member(s) with ,,.,·horn you or your allorney communicated. 

Question 4: Indicate whether you or your allorney have provided the inrormalion you arc providing to the CFTC lo any 

other agency or organization, or whether any other agency or organization has requested the information or related 

information from you. If you answered "yes", provide details and the nume and contact informution of the point of 

contact al the other agency or organization. ii" known. 

Question 5: Indicate whether your complaint relates to an entity of which you are, or were in the past, an officer. director. 

counsel. employee, consultant or contractor. Ir you answered "yes", slate whether you have reported this violation lo 

your supervisor, compliance office. whistleblower hotline. ombudsman. or any other available mechanism at the entity 

for reporting violations. Please provide details, including the date on which you took the action. 

Question 6: Indicate whether you have taken any other action regarding your complaint, including whether you 

complained to the CFTC. another regulator. a law enforcement agency, or any other agency or organization, or initiated 

legal uction. mediation, arbitration or uny other action. If you anw,rered "yes". provide details, including the dute on 

which you took the aclion(s) described, the name of the person or entity lo whom you directed any report or complaint. 

and contact information for the person or entity. if known, and the complete case name, case number and forum of any 

legal uction you have tuken. 

Question?: Provide any additional information you think may he relevant. 

Section F: Whistleblower Eligibility Requirements and Other Information 

Question 1: Stale whether you arc currently, or were at the time that you acquired the original inl"ormalion that you arc 

submitting to the Ci-'TC, a member. officer or employee of: The CFrC; the Board of Governors of the Federal Reserve 

System; the Office of the Comptroller of the Currency; the Board of Directors of the Federnl Deposit Insurance 

Corporation; the Director or the Office or Thrift Supervision; the National Credit Union Administration Board; the 

Securities and Exchange Commission; the Depa1tment of Justice; a registered entity; a registered futures association; a 

self-regulatory organization (as defined in 3(a) of the Securities Exchunge Act of 1934 (15 U.S.C. 78c(a)); a law 

cnrorccmenl organization; or a foreign regulatory authority or law enforcement organization. 

Question 2: State whether you are providing the information pursuant to a cooperation agreement with the CFrC or with 

unother ugency or organization. 

Question 3: State whether you are providing this information before you (or anyone representing you) received any 

request, inquiry or demand that relates to the subject matter of this submission (i) from the CFfC, (ii) in connection with 

an investigation, in~pection or examination by any registered entity, registered futures association or ~elf-regulatory 

organization (as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)), or (iii) in connection with an 

investigation by the Congress. or uny other federal or stute uuthority. 

Question 4: Stale whether you arc currently a subject or target of a criminal investigation, or whether you have been 

Confirmation Number 

fbJ(3) 7 USC §26(h)(2)(All Page "10 of 11 (b)(3) 7 USC §26(h)(2)(A) 

,rc:A\ '"""' tL-.\17\fr\ 
convicted of a criminal violation. in connection \Vith the information that you submilled to the CFTC and upon which 

your application for an award is ba~cd. 

Question 5: State whether you acquired the information that you provided to the CJ-TC from any individual described in 

Questiom I through 4 of this section. 

Question 6: If you answered "Yes" to any of Questions I through 5 of this section, please provide details. 

Section G: Privacy Notice and Whistleblower's Declaration 

You must sign this Declaration if you are suhmining this information pursuant to the CFTC whistlehlower program and 

wish to be considered for an award. If you are submilling your information using the electronic version of Form TCR 

through the CFTC's web portal, you must check the box to agree with the declaration. If you are submilling your 

information anonymously, you must still sign this Declaration (using the term "anonymous") or check the hox as 

appropriate, and. if you are represented by an attorney, you must provide your altorney with the original of this signed 

form. or maintain a copy for your own records. 

Section H: Counsel Certification 

If you are submitting this information pursmmt to the CFTC v,"histleblower progn.1m ,md you are doing so anonymously 

through an attorney, your attorney rnu~t ~ign the Counsel Ccrtirication Section. Ir your allorncy is subrnilling your 

information using the electronic version of 1-iorm TCR through the Ci--'TC's web portal, he/she must check the box to 

ugree with the certification. If you are represented in this matter but you are not submining your information pursuunt to 

the CFTC whist\cblower program. your allorncy docs not need to sign this Certification or check the box. 

Confirmation Number 

l(b)(3) 7 USC §26(h)(2)(A) I Page 11 of II b)(3) 7 USC §26(h)(2)(A) 
b)(3)7USC .. R . d(b)(3)7USC TCR Number: 2B(h )(2)(A) (CEA) CONFIDENTIAL Sbu m1ss1on eceive : ~2B(h )(2)(A) (CEA) 

UNITED STATES 

COMMODITY FUTURES TRADING COMMISSION 

Washington, DC 20581 

0MB APPROVAL 

0MB Kumbcr: 3038-0082 

FORMTCR 

TIP, COMPLAINT OR REFERRAL 

See attached Suhmissio11 Procedures and Completion lnstr11ctio11s Be!mr. 

A. TELL US ABOUT YOURSELF 

COMPLAINANT 1: 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 
.. R . d (b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : &?R/h11?1/A1 ff'.FA1 

B. YOUR ATTORNEY'S INFORMATION (If Applicable - See Instructions) 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2 
TCR Number: (b)(3) 7 USC CONFIDENTIAL 

§26(h)(2)(A) (CEA) 

C. TELL US WHO YOU ARE COMPLAINING ABOUT 

INDIVIDUAL/ ENTITY 1: 

I. Type: lm.lividual Entity 2. Ir an individual. spccify profession. If an entity, specify type. 

Cryptocurrcncy exchange 

3. :-.Jame 

Paywanl, Inc. d/b/a Kraken 

4. Street Address 5. Apartment/Unit# 

548 Market Street 

6. City 7. State/Province 8. ZIP/Po~tal Code 9. Country 

San Francisco California 94104 Cnited State~ 

10. Telephone 11. E-mail Addre~~ 12. Internet Addre~~ 

+I (916) 267-4413 https: //www. krake n. com/en -u~ 

13. If you are complaining about a firm or individual th.it has custody or control of your investments, have you had difficulty 

contacting that entity or individual'! Yes l\'"o Unknown 

14. Are you, or were you, associated with the individual or firm when the alleged conduct occuJTed? 

Yes No Unknown 

If yes, describe how you are, or were, associated with the individual or firm you are complaining about'! 

15. What was the initial form or contact between you and the per~on agaimt whom you arc filing this complaint'J 

If other, please describe: 

3 
TCR Number: (b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(J) 7 USC 

S?R/h 11?1/A1/(;FA1 &?R/h1/?1/A1 W.FA1 

D. TELL US ABOUT YOUR COMPLAINT 

1. Occurrence Dal.: (mm/dd//yyyy): 2. h th.: conduct on-going? 

05/07/2017 Yes l\"o Don·t Know 

3. Please ~elect the option(s) that hest de~crihes your complaint. 

Fraudulent representations that persuaded you to trade futures. options, swaps. forex. retail commodity. or levernged 

transactions 

Some type of cheating or fraud that occurred after you had depo~ited funds to trade future~. options, swaps, forex. retail 

commodity, or leveraged tran~action~ (for example, if ~omeone u~ed the fund~ you depo~ited to pay off someone ehe or you have 

asked for the return of your funds and have been refused). 

Someone or som.:: firm that should be rcgi~tcrcd und.::r the Commodity Exchange Act, but is not. 

Disruptive or manipulative trading activity in the future~, option~ or swap~ market~. 

The trading of futures options, or swaps based upon confidential information by someone not allowed to use such information. 

Complaint does not fit into any of the above-described categories 

If your complaint does not fit into any of the above-described categories please describe below. 

4. Sd.::ct the type of product/instrument: 

A futur.::s contract. including a singk: stock futures contract, a narrow bas.::d or broad bas.::d ~ecurity future contract. 

An option on a futures contract. an option on a commodity. BUT :-,./OT an option on a security or a basket of securities. 

A swap. including a mixed swap BUT :-,./OT a swap based on a single security or based on a narrow (i.e .. nine or less) index of 

securities. 

A ca~h (or physical) contract traded in inter~tate commerce. 

A foreign currency transaction. 

If a foreign currency tran~action: 

o Are you an individual that trades or inve~t~ more than S10,000,000 on a di~cretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than $5,000,000 and enter~ into the foreign currency agreement 

to manage the ri~k a~~ociated with some other as~et or liability? 

Yes No 

4 
CONFIDENTIAL 

A commodity tramaction .::nlcr.::d into or offrred on a lcv.::raged or margined basis. or financed by the offeror. th.: count.::rparly, 

or someone acting in concert with the offeror or counterparty. 

If yes: 

o Are you an individual that trades or invests more than S 10.000.000 on a discretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than 55.000,000 and enter~ into the foreign currency agreement 

to manage the ri~k associated with some other a~set or liability'.' 

Ye~ No 

Other 

If other, plea~e describe: 

Ether coin (cryptocurrency) 

5. If applicable, what is the name of product/investment? 

Ether coin (cryptocurrency) 

6. Have you suffered a monetary loss? Yes 

If yes. describe bow mucb. 

Sc.: allach.::d Slalemcnl of Claim. 

7. Has the individual or firm who engaged in the conduct acknowledged their fault? Yes No 

8. Ilavc you or anyone else taken any action againsl lhc firm or person who cngag.::d in lhc alkgcd conduct? Nu 

If yes. ~elect the appropriate category: 

Prior complaint to tbe Cl-TC. 

Complainl lo anoth.::r regulator. 

A slalc or fcd.::ral criminal law .::nfurc.::mcnt .::nlily. 

A legal action filed agaiml lb.: p.::rson or firm in a court of law. 

Additional commenb ba~cd on above ~election C.'-'., Who, When, Contact, To whom made. Case Numb.::r Court). 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

5 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(J) 7 USC ?R/h1/?1/A1 W.FA1 S?R/h 11?1/A1/(;FA1 

9. State in (ktail all facts pertinent to th.: alkg.::d violation. Explain why you bdieve the facts de~cribed conslitut.:: a violation of 

the Commodit Exchnn e Act. 

b)(3) 7 USC §26(h)(2)(A) (CEA) 

10. D.::scribe all supporting malerials in your poss.::ssion and lhe availability and location or any additional supporting malerials nol 

m our o~~.::ss1011. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

6 
TCR Number:j(b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(3) 7 USC ~')C:fh\f')\f/\\ f('C:/\\ 

E. WHISTLEBLOWER PROGRAM 

1. Describe how and from whom you obtained the information that support~ your allegation~. If any information wa~ obtained 

from an attorney or in a communication where an attorney wa~ present. identify ~uch information with as much particularity a~ 

po~~ihle. In addition, if any information wa~ ohtained from a puhlic source, identify the source with a~ much particularity as 

m~~ihle. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2. Identify with particularity any document~ or other information in your ~ubmis~ion that you believe could reasonably be 

expected to reveal your identity and explain the basi~ for your belief that your identity would be revealed if the documents or 

information were di~closed to a third art ' 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

3. Have you or your attorney had any prior communicntion(s) with the CFfC concerning this matter? Yes Ko 

lf"Yes," please identify the CFTC staff member(s) \Vith whom you or your attorney communicated: 

4. Have you or your attorney provided the information to any other agency or organization. or ha~ any other agency or 

organization requested the information or related information from you'! Yes l\o 

lf"Ycs," please provide details. 

lf"Ycs," please provide the name and contact information of the point of contact at the other agency or organization, if knov,,n. 

5. Does thi~ complaint relate to an entity of which you are or were an officer, director, counsel, employee, con~ultant or 

contractor? Ye~ No 

If''Yes," have you reported this violation to your supervisor, compliance office, whistleblower hotline, ombudsman, or any other 

available mechanism at the entity for reporting violations'! Yes No 

lf"Yes," plea~e provide detaih including the date you took the action(~). 

7 
TCR Number:l(b)(3) 7 USC CONFIDENTIAL 

6. Have you taken any olh.::r action regarding your complaint'J Yes 

If ''Yes," please provide details. 

7. Provide any additional information that you think may be relevant. 

8 
TCR Number:KbJ~3_) 7_~U .~.c__ .. I CONFIDENTIAL Submission Received: (b)(J) 7 USC 

S?R/h 11?1/A1/(;FA1 

F. WHISTLEBLOWER ELIGIBILITY REQUIREMENTS AND OTHER INFORMATION 

1. Arc you currently, or wcn:: you at the lime that you acquin::d lhc original information lhat you arc submilling to lhc CFTC. a 

mcmbcr, officer or cmploycc of: thc CITC: lhc Board or Governors of the Federal Rc~crvc System; the Office of lhc Comptrollcr 

of lhc Currency; lhc Board of Directors or thc Fcdcral Deposit Insurance Corporation; thc Director of lhc Officc or Thrift 

Supervision; the National Credit L:nion Administration Board; the Securities and Exchange Commission; the Department of Justice: 

a registered entity; a registered futures association; a self-regulatory organization (as defined in 3(aJ of the Securities Exchange Act 

of 1934 ( 15 L:.S.C. 78c(a))); a law enforcement organization; or a foreign regulatory authority or law enforcement organization? 

Yes No 

2. Arc you providing this information pursuanl lo a coopcralion agrccmcnl wilh lhc CITC or anolhcr agency or organiLation'.' 

Yes No 

3. Before you provided thi~ information, did you (or anyone representing you) receive any reque~t, inquiry or demand that relate~ 

to the suhject matter of this ~uhmi~sion (i) from the CITC. (ii) in connection with an investigation, inspection or examination hy 

any registered entity, registered futures as~ociation or ~elf-regulatory organization (a~ defined in ](a) of the Securities Exchange 

Act or 1934 (15 U.S.C.78c(a))), or (iii) in connection with an invc~tigation by lhc Congrcs~, or any other federal or slalc authority? 

Yes No 

4. Are you currently a subject or target of a criminal inve~tigation, or have you heen convicted of a criminal violation, in 

connection with the information that you are submitting to the CFTC? 

Ye~ No 

5. Did you acquire the information being provided to the CFTC from any per~on de~cribed in Que~tion~ I through 4 above' 1 

Ye~ No 

6. If you answered ''Yes" to any of Questions I through 5 above, please provide details. 

9 
CONFIDENTIAL 

G. PRIVACY NOTICE AND WHISTLEBLOWER'S DECLARATION 

The solicitation ofthi~ information is authorized under the Commodity Exchange Act. 7 L.S. C. 1 et seq. This form may he used hy 

anyone wishing to provide the CFTC with information concerning a violation of the Commodity Exchange Act or the CFTC's 

regulations. This form and related information will he proce~~ed in the Lnited States of America, the location of the Cl-TC. If an 

individual is ~ubmilling lhi~ information fur th.: CITC's whistk:blowcr award program pur~uanl lo Section 23 of the Commodity 

Exchange Act, the information provided will be used to enable the CFTC to determine the individual's eligibility for payment of an 

award. This information will b.:: u~cd lo invc~tigatc and pro~cculc violations of lhc Commodity Exchange Act and lhc CITC's 

regulations. The CFTC may di~clo~e thi~ information when required to be disclosed to a defendant or respondent in connection 

wilh a public procc.::ding inslitulcd by th.: Commission. In addition, if the Commission d.::t.::nninc~ such di~closurc is ncc.::ssary or 

appropriate to accomplish the purposes of the CEA and to protect customers, the Commission may provide such information to the 

Department of Jmtice: an appropriate department or agency of the Federal Government; a state attorney general; any appropriate 

department or agency of a state; a registered entity. registered futures association, or self-regulatory organization (as defined in 

Section ](a) of the Securities Exchange Act of I 934 ( 15 L.S.C. 78c(a)); or a foreign futures authority. Tho~e entitie~ are subject to 

the same confidentiality requirements as the Commission. The Commission abo may disclose such information in accordance with 

Privacy Act of 1974 System of Records Notice~ CFTC-49, "Whi~tleblower Record<' (exempted), CFfC-10, "Investigatory 

Records" (.::xcmpt.::d). and CFTC-16. "Enforccm.::nl Ca~c Fik:s," (availabk on lhc CFTC Privacy Program web page, 

www.cftc.gov/Tran~parency/PrivacyOffice) exerci~ed in accordance with the confidentiality provi~ions in the CEA and 17 CFR 

165.4. Furnishing information on or through lhis form is volunlary. Ilow.::vcr, i!"an individual is providing in!"ormalion for lhc 

whi~tleblower award program. not providing required information may re~ult in the individual not being eligible for award 

con~ideration. Also, you may choose to submit thi~ form anonymously, hut in order to receive a whistleblmver award, you v,muld 

need to be identified to select CFTC staff for a final eligibility determination. and in unusual circumstances, you may need to be 

identified puhl icly for trial. I See in~tructions for further information. I By signing thi~ Declaration, I am agreeing to the collection, 

processing, use, and disclosure of my personally identifiable information as stated herein. 

I declare under penalty of perjury under the laws of the L:nited States that the information contained herein is true, correct and 

complete to the be~t of my knowledge, information and belief. I fully under~tand that I may be ~ubject to prosecution and ineligible 

!"or a whistk:blowcr award if. in my submission of information, my other dealings with lhc Commodity Fulur.::s Trading 

Commis~ion, or my dealing~ with another authority in connection with a related action, I knowingly and willfully make any fahe, 

!"iclitiou~ or frauduk:nt stat.::mcnts or rcprc~cntatiom, or use any !"ab.: writing or documcnl knowing that the wriling or document 

contains any false, fictitious or fraudulent statement or entry. 

Print l\'"ame 

(b)(3)7USC 

~')"fh\f')\fA\ fr"'C:A\ 

Check this box to agree to agree with the declaration above. 

H. COUNSEL CERTIFICATION 

10 
CONFIDENTIAL 

I certify that I have r.::viewed lhis form for compktcne~s and accuracy and that the information contained hcr.::in is lruc, correct and 

complete to the best of my knowledge, information and belief. 

I further certify that I have verified the identity of the whistleblower on whose behalf this form is being submitted by viewing the 

whistleblower's valid, unexpired government issued identification (e.g., driver's license, passport) and will retain an original, 

signed copy of this form. with Section G signed by the whistleblower. in my records. I further certify that I have obtained the 

\VhistleblO\ver's non-waivable consent to provide the Commodity Future~ Trading Commission with hi~ or her original ~igned Form 

TCR upon request in the event that the Commodity Futures Trading Commis~ion reque~t~ it due to concerns that the whistleblower 

may have knowingly and willfully made fahe. fictitious or fraudulent ~tatements or representation~, or used any fahe writing or 

document knowing that the writing or document contains any fahe. fictitious or fraudulent ~tatement or entry; and that I con~ent to 

be legally obligated to do so within ~even (7) calendar days of receiving such a reque~t from the Commodity Future~ Trading 

Commi~sion. 

Print Name or Auornc and Law Firm, if A 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

licabk 

Check thi~ hox to agree with the declaration ahove. Date 

(b)(3)7USC 

~')C:fh\f')\f/\\ 

I agree to the collection, proce~~ing, u~e and di~clo~ure of my personal information a~ stated in the Privacy Policy for 

www.cftc.gov. 

FILES UPLOADED 

You have succes~fully uploaded the following I file: 

rb)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

11 
TCR Number (b)(3) 7 USC .. R . d (b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : ::;2B(h)(2)(A) (CEA) &?R/h1/?1/A1 ff'.FA1 

Submission Procedures 

Questions concerning this form may be dir.::cted to Commodity Futur.::s Trading Commission, 

Whistlehlower Office, Three Lafayette Centre, 1155 2 I,, Street. :-.JW, Wa~hington, DC 20581. 

• If you arc submitting information for the CFTC's whistlcblowcr award program, you must submit your 

information u~ing this Form TCR. 

• You may submit this form electronically, through the Web portal found on the CFTC's Web site at 

http://1nrw 1rhistfeh!ower.,:ov. You may also print this form and submit it by mail lo Commodity Futures Trading 

Commis~ion, Whi~tlehlower Office, Three Lafayette Centre, 1155 2 I ~t Street, NW, Washington, DC 2058 Lor hy 

facsimile to (202) 418-5975. 

• You have the right to submit information anonymously. If you do not ~uhmit anonymou~ly, plea~e note 

that the CFrC i~ required hy law to maintain the confidentiality of any information which could rea~onahly identify 

you, and will only reveal ~uch information in limited and ~pecifically - defined circum~tances. See 7 U.S.C. 

26(h)(2); 17 CFR 165.4. However. in order to receive a whistleblower award, you will need to be identified to select 

CFTC staff for a final eligibility determination. and in unusual circumstances, you may need to b.:: identifi.::d 

publicly for trial. You should therefore provide ~ome mean~ for the Cf<TC's staff to contact you, ~uch as a telephone 

number or an email address. 

Instructions for Completing Form TCR 

General 

• All references to "you" and "your" are intended to mean the complainant. 

Section A: Tell Us About Yourself 

Que~tion~ 1-14: Please provide the following information about your~elf: 

• last name, fir~t name and middle initial: 

• complete address. including city, state and zip code: 

• telephone number and. if available. an altcrnat.:: numb.::r wh.::re you can be r.::ach.::d: 

• your .:-mail addrc~~ (to facilitat.:: communications, we strongly .::ncouragc you to provide an e-mail 

addre~~, especially if you are filing anonymously); 

• your preferred method of communication: and 

•your occupation. 

12 
CONFIDENTIAL Submission Received: (b)(J) 7 USC ~')C:fh\f')\f/\\ f('C:/\\ 

Section B: Your Attorney's Information 

Complete this section only if you arc n::prcscnt.::d by an allorncy in lhis mailer. 

Que~tion~ 1-10: Provide the following information about your attorney: 

• attorney's name; 

• firm name; 

• complete address. including city, state and zip code: 

• lclcphonc number and fax number; and 

•e-mail address. 

Section C: Tell Us Who You Are Complaining About 

Questions 1-2: Choose one of the following that best describes the individual's profession or the type of entity to 

which your complaint relates: 

• l"or Indi,·iduals: accountant. analyst, as~ociated per~on. attorney, auditor. broker. commodity trading 

advisor. commodity pool operator, compliance officer. employee. executing broker. executive officer or 

director, financial planner. !1oor brok.::r. Jloor trader, trader. unknown or olhcr (~pccify). 

• For Entities: bank. commodity pool. commodity pool operator. commodity trading advisor, futures 

commi~~ion merchant, hedge fund. introducing hroker. major s\vap participant. retail foreign exchange 

dealer, swap dealer, unknown or other (~pecify). 

Que~tion~ 3-12: For each individual and/or entity. provide the following information. if known: 

• full name 

• compk:tc addrc~~. including city, ~lalc and zip code; 

• telephone number: 

• e-mail address; and 

• internet addre~s, if applicahle. 

Que~tion 13: If you are complaining about a firm or individual that has custody or control of your inve~tment~, 

indicate if you have had difficulty contacting that entity or individual. 

Question 14: Identify if you are. or were, associated with the individual or firm you are complaining about. If 

ycs, dcscribc how you arc, or wcrc. associated with lhc individual or firm you arc complaining 

about. 

13 
TCR Number: (b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(3) 7 USC ~')"fh\f')\fA\ fr"'C:A\ F:?R/h\l')\//;\ 1ri:::1;1 

Question 15: Identify the initial form of contact between you and the person against whom you are filing this 

complaint. 

Section D: Tell Us About Your Complaint 

Que~tion 1: State the date (mm/dd/yyyy) that the alleged conduct occurred or began. 

Que~tion 2: Identify if the conduct i~ on-going. 

Question 3: Choose the option that you believe best describes the nature of your complaint. If you are alleging 

more than om:: violation, pk:asc list all that you bclicvc may apply. 

Que~tion 4: Select the type of product or instrument you are complaining ahout. 

Que~tion 5: If applicable, please name the product or in~trument. If yes, plea~e describe. 

Question 6: Identify whether you have suffered a monetary loss. If yes. please describe. 

Question 7: Identify if thc im.lividual or firm you arc complaining about acknowk:dged their fault. 

Question 8: Indicate whethcr you have taken any other action regarding your complaint, including whether you 

complained to the Cl-TC, another regulator, a law enforcement agency, or any other agency or 

organization, or initiated legal action, mediation. arbitration or any other action. 

If you answered yes, provide details. including the date on which you took the action(s) described. 

the name of the per~on or entity to vdmm you directed any report or complaint, and contact 

information for the per~on or entity, if known, and the complete ca~e name, case number and 

forum of any legal action you have taken. 

Question 9: State in detail all facts pertinent to the alleged violation. Explain why you believe the facts 

dc~cribcd constitute a violation of the Commodity Exchange Act. 

Que~tion 1 0: Describe all supporting materiah in your po~~es~ion and the availability and location of any 

additional ~upporting materials not in your posse~sion. 

Section E: Whistlchlowcr Program 

Question 1: Dcscribe how you obtained the information that ~upports your allcgations. If any information wa~ 

ohtained from an attorney or in a communication where an attorney wa~ present, identify ~uch 

information with as much particularity as po~~ihle. In addition, if any information was obtained 

from a public source. identify the ~ource with as much particularity as po~~ible. 

14 
TCR Number (b)(3) 7 USC .. R . d b)(3)7USC CONFIDENTIAL Sb ~')"fh\f')\fA\ fr"'C:A\ u m1ss1on eceive : ?R/h)l?)/A) ff'.FA) 

Question 2: Identify any documents or other information in your submission on this Form TCR that you 

bclicn:: could reasonably be expected lo n::vcal your idcnlily. Explain the basis for your belief that 

your identity would he revealed if the documents or information were di~clo~ed to a third party. 

Que~tion 3: State whether you or your attorney have had any prior communication(~) with the CFfC 

concerning thi~ matter. 

If you answered "yes", identify the CFTC staff member(s) with whom you or your attorney 

communicated. 

Que~tion 4: Indicate \','hether you or your attorney have provided the information you are providing to the 

CFTC to any other agency or organization. or whether any other agency or organization ha~ 

requested the information or related information from you. 

Ir you answcrcd '"yes". provide details and the namc and contact information of the point of 

contact al lhc olhcr agency or organization. if known. 

Que~tion 5: Indicate \','hether your complaint relate~ to an entity of which you are, or \','ere in the past, an 

officer, director. counsel, employee. con~ultant or contractor. 

If you answered '"yes", state whether you have reported this violation to your supervisor, 

compliance office, whi~tlehlower hotline. omhud~man. or any other available mechani~m at the 

entity for reporting violation~. Plea~e provide details. including the date on which you took the 

action. 

Question 6: Indicate whether you have taken any other action regarding your complaint. including whether you 

complained to lhe CFfC. anolhcr rcgulalor, a law cnforcemcnl agency. or any other agency or 

organization, or initiated legal action. mediation, arbitration or any other action. 

If you an~wered '"yes", provide detaih. including the date on which you took the action(sJ 

described, the name of the person or entity to whom you directed any report or complaint, and 

contact information fur the person or cnlity. if known, and the complclc case name. casc number 

and forum of any legal action you have taken. 

Que~tion7: Provide any additional information you think may he relevant. 

Section F: Whistleblower Eligihilit~, Requirements and Other Information 

15 
TCR Number (b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(J) 7 USC ~')C:fh\f')\f/\\ f('C:/\\ ~')"fh\f')\fA\ trC:A\ 

Question 1: 

Question 2: 

State whether you are currently, or were at the time that you acquired the original 

information that you are submitting to the CFTC, a member, officer or employee of: The 

CFTC; the Board of Governors of the Federal Reserve System; the Office of the 

Comptroller of the Currency; the Board of Directors of the Federal Deposit Insurance 

Corporation; the Director of the Office of Thrift Supervision; the National Credit Union 

Administration Board; the Securities and Exchange Commission; the Department of 

Justice; a registered entity; a registered futures association; a self-regulatory organization 

(as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); a law 

enforcement organization; or a foreign regulatory authority or law enforcement 

organization. 

State whether you are providing the information pursuant to a cooperation agreement 

with the CFTC or with another agency or organization. 

Question 3: State whether you are providing this information before you (or anyone representing you) 

received any request, inquiry or demand that relates to the subject matter of this 

submission (i) from the CFTC, (ii) in connection with an investigation, inspection or 

examination by any registered entity, registered futures association or self-regulatory 

organization (as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 

78c(a)), or (iii) in connection with an investigation by the Congress, or any other federal 

or state authority. 

Question 4: State whether you are currently a subject or target of a criminal investigation, or whether 

you have been convicted of a criminal violation, in connection with the information you 

are submitting to the CFTC. 

Question 5: State whether you acquired the information you are providing to the CFTC from any 

individual described in Questions 1 through 4 of this section. 

Question 6: If you answered "Yes" to any Questions 1 through 5, please provide details. 

Section G: Privacy Notice and Whistleblower's Declaration 

16 
. . . (b)(3)7USC CONFIDENTIAL Subm1ss1on Received: §2B(h)(2)(A) (CEA) 

You must sign this Declaration if you are submitting this information pursuant to the CFTC 

whistleblower program and wish to be considered for an award. If you are submitting your information 

using the electronic version of Form TCR through the CFTC's web portal, you must check the box to 

agree with the declaration. If you are submitting your information anonymously, you must still sign this 

Declaration (using the term "anonymous") or check the box as appropriate, and, if you are represented 

by an attorney, you must provide your attorney with the original of this signed form, or maintain a copy for 

your own records. 

Section H: Counsel Certification 

If you are submitting this information pursuant to the CFTC whistleblower program and you are doing 

so anonymously through an attorney, your attorney must sign the Counsel Certification Section. If your 

attorney is submitting your information using the electronic version of Form TCR through the CFTC's web 

portal, he/she must check the box to agree with the certification. If you are represented in this matter but 

you are not submitting your information pursuant to the CFTC whistleblower program, your attorney does 

not need to sign this Certification or check the box. 

17 
CONFIDENTIAL Submission Received: (b)(J) 7 USC &?R/h1/?1/A1 W.FA1 

UNITED STATES 

COMMODITY FUTURES TRADING COMMISSION 

Washington, DC 20581 

0MB APPROVAL 

0MB Kumbcr: 3038-0082 

FORMTCR 

TIP, COMPLAINT OR REFERRAL 

See attached Suhmissio11 Procedures and Completion lnstr11ctio11s Be!mr. 

A. TELL US ABOUT YOURSELF 

COMPLAINANT 1: 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 
TCR Number (b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(J) 7 USC ~')C:fh\f')\f/\\ f('C:/\\ 1$26/hl/21/Al /CEAl 

B. YOUR ATTORNEY'S INFORMATION (If Applicable - See Instructions) 

1. /\.ltomcy's Name 

2. Firm Kame 

3. Street Addre~~ 

4. City 5. State/Province 6. ZIPIPo~tal Code 7. Country 

8. Telephone 9. Fax 10. E-mail Address 

2 
TCR Number (b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(3) 7 USC 

&26/hl/21/Al /CEAl &?R/h1/?1/A1 ff'.FA1 

C. TELL US WHO YOU ARE COMPLAINING ABOUT 

INDIVIDUAL/ ENTITY 1: 

I. Type: lm.lividual Entity 2. Ir an individual. spccify profession. If an entity, specify type. 

Payward Venture~, Inc. DBA KRAKE:'.'J 

3. :-.Jame 

Paywanl Vcnture~. Inc. 

4. Street Address 5. Apartment/Unit# 

237 Kearny Street 102 

6. City 7. State/Province 8. ZIP/Po~tal Code 9. Country 

San Francisco CA 94108 cs 

10. Telephone 11. E-mail Addre~~ 12. Internet Addre~~ 

+I Cl\Kl\OWN ~upport@kraken.com http://www. krake n .com 

13. If you are complaining about a firm or individual th.it has custody or control of your investments, have you had difficulty 

contacting that entity or individual'! Yes l\"o Unknown 

14. Are you, or were you, associated with the individual or firm when the alleged conduct occurred? 

Yes No Unknown 

If yes, describe how you are, or were, associated with the individual or firm you are complaining about'! 

15. What was the initial form or contact between you and the per~on agaimt whom you arc filing this complaint'J 

Other 

If other, please describe: 

:'.'J!A 

3 
.. R . d (b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : E; 2B/hl/2l/Al /CEAl 

D. TELL US ABOUT YOUR COMPLAINT 

1. Occurrence Dal.: (mm/dd//yyyy): 

11/20/2017 

2. h th.: co

Yes 

nduct on-going? 

l\'"o Don"t Know 

3. Please ~elect the option(s) that hest de~crihes your complaint. 

Fraudulent representations that persuaded you to trade futures. options, swaps, forex. retail commodity. or leveraged 

transactions 

Some type of cheating or fraud that occurred after you had deposited funds to trade future~, options. swap~. forex, retail 

commodity, or leveraged tran~action~ (for example, if ~omeone u~ed the funds you depo~ited to pay off ~omeone else or you have 

asked for the return of your funds and have been refused). 

Someone or som.:: firm that should be rcgi~tcrcd und.::r the Commodity Exchange Act, but is not. 

Disruptive or manipulative trading activity in the future~, option~ or swap~ market~. 

The trading of futures options, or swaps based upon confidential information by someone not allowed to use such information. 

Complaint does not fit into any of the ahove-described categories 

If your complaint does not fit into any of the above-described categories please describe below. 

4. Sd.::ct the type of product/instrument: 

A futur.::s contract. including a single stock futures contract, a narrow bas.::d or broad bas.::d ~ccurity future contract. 

An option on a futures contract, an option on a commodity. BUT :-,./OT an option on a security or a basket of securities. 

A swap. including a mixed swap BUT :-,./OT a swap based on a single security or based on a narrow (i.e .. nine or less) index of 

securities. 

A ca~h (or physical) contract traded in inter~tate commerce. 

A foreign currency transaction. 

If a foreign currency tran~action: 

o Are you an individual that trades or inve~t~ more than S10,000,000 on a di~cretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than $5.000,000 and enter~ into the foreign currency agreement 

to manage the ri~k a~~ociated with some other as~et or liability? 

Yes No 

4 
TCR Number:fb)(3) 7 USC CONFIDENTIAL Submission Received: [bJ(3) 7 U.s.c~ ~ .. 

A commodity tramaction .::nlcr.::d into or offrred on a lcv.::raged or margined basis. or financed by the offeror. th.: count.::rparly, 

or someone acting in concert with the offeror or counterparty. 

If yes: 

o Are you an individual that trades or invests more than S 10.000.000 on a discretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than 55.000,000 and enter~ into the foreign currency agreement 

to manage the ri~k associated with some other a~set or liability'.' 

Ye~ No 

Other 

If other. plea~e describe: 

5. If applicable, what is the name of product/investment? 

KbJEl !.~~.~.~~~"' I 

6. Have you suffered a monetary loss? Yes 

If yes. describe bow mucb. 

7. Has the individual or firm who engaged in the conduct acknowledged their fault? Yes No 

8. Ilave you or anyone else taken any action against the firm or person who engag.::d in the alkged conduct? Nu 

If yes. ~elect the appropriate category: 

Prior complaint to tbe CITC. 

Complaint lo anuth.::r regulator. 

A stale or fcd.::ral criminal law .::nfurc.::ment .::nlily. 

A legal action filed agaiml lh.:: p.::rson or firm in a court of law. 

Additional cummenb ba~ed on above sd.::ction (e.g., Who, When, Contact, Tu whom made, Case Numb.::r, Court). 

5 
TCR Number:j(b)(3) 7 USC CONFIDENTIAL 

9. State in (ktail all facts pertinent to th.: alkg.::d violation. Explain why you bdieve the facts de~cribed conslitut.:: a violation of 

the Commodit Exchnn e Act. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

10. D.::scribe all supporting malerials in your poss.::ssion and lhe availability and location or any additional supporting malerials nol 

m our o~~.::ss10n. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

6 
CONFIDENTIAL Submission Received:l(b_l(3) 7 _USC_ 

E. WHISTLEBLOWER PROGRAM 

1. Describe how and from whom you obtained the information that ~upport~ your allegations. If any information wa~ obtained 

from an attorney or in a communication where an attorney wa~ present. identify ~uch information with as much particularity a~ 

po~~ihle. In addition, if any information wa~ obtained from a public ~ource, identify the ~ource with a~ much particularity a~ 

po~~ihle. 

l(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2. Identify with particularity any document~ or other information in your ~ubmis~ion that you believe could rea~onably be 

expected to reveal your identity and explain the basi~ for your belief that your identity would be revealed if the documents or 

information were di~closed to a third party. 

No ri~k of exposure. 

3. Have you or your attorney had any prior communication(s) with the CFTC concerning this matter? Yes Ko 

lf"Yes," please identify the CFTC staff member(s) \Vith whom you or your attorney communicated: 

l(b_l(3)7_USC I 

4. Have you or your attorney provided the information to any other agency or organization. or has any other agency or 

organization requested the information or related information from you'! Yes l\o 

lf"Ycs," lease rovidc details. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

lf "Y cs," lease rovidc the name and contact information of the oint of contact at the other agency or organization, if known. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

5. Does thi~ complaint relate to an entity of which you are or were an officer, director, counsel, employee, con~ultant or 

contractor? Ye~ No 

If''Yes," have you reported this violation to your supervisor, compliance office, whistleblower hotline, ombudsman, or any other 

available mechanism at the entity for reporting violations? Yes No 

lf"Yes," please provide details including the date you took the action(~). 

7 
CONFIDENTIAL Submission Received: (b)(3) 7 USC ~')C:fh\f')\f/\\ f('C:/\\ 

6. Have you taken any olh.::r action regarding your complaint'J Yes 

If ''Yes," please provide details. 

7. Provide any additional information that you think may be relevant. 

See supporting documentation. 

8 
TCR Number: b)(3) 7 USC CONFIDENTIAL Sb .. R . d[b)(3)7USC u m1ss1on eceive : 2S/bll2J/Al ICE Al ?R/h1/?1/A1 ff'.FA1 

F. WHISTLEBLOWER ELIGIBILITY REQUIREMENTS AND OTHER INFORMATION 

1. Arc you currently, or wcrc you al the timc that you acquired the original information that you arc submilling lo thc CFTC. a 

mcmbcr, officer or cmploycc of: the CFTC; the Board of Governors or the Fcdcral Rcscrvc System; thc Office of the Comptroller 

of the Currency; the Board of Director~ of the Federal Depo~il lmurancc Corporation: the Director of the Office of Thrift 

Supervision: the National Credit Union Administration Board: the Securities and Exchange Commission; the Department of Justice; 

a registered entity; a registered futures association: a self-regulatory organization (as defined in 3(aJ of the Securities Exchange Act 

of 1934 ( 15 L:.S.C.78c(a))); a law enforcement organization: or a foreign regulatory authority or law enforcement organization'! 

Yes No 

2. Arc you providing this information pursuant to a coopcralion agrcemcnl with thc CTTC or another agency or organization? 

Yes No 

3. Before you provided thi~ information, did you (or anyone representing you) receive any request, inquiry or demand that relate~ 

to the suhject matter of this ~uhmi~sion (i) from the CITC. (ii) in connection with an investigation, inspection or examination hy 

any registered entity, registered futures as~ociation or ~elf-regulatory organization (a~ defined in 3(a) of the Securities Exchange 

Act or 1934 (15 U.S.C.78c(a))), or (iii) in connection with an inve~tigation by the Congrcs~, or any other federal or stale authority? 

Yes No 

4. Are you currently a subject or target of a criminal inve~tigation, or have you heen convicted of a criminal violation, in 

connection with the information that you are suhmitting to the CITC? 

Ye~ No 

5. Did you acquire the information being provided to the CFTC from any per~on de~cribed in Que~tion~ I through 4 above' 1 

Ye~ No 

6. If you answered ''Yes" to any of Questions I through 5 above, please provide details. 

9 
TCR Number:fbJ(3) 7 USC CONFIDENTIAL 

G. PRIVACY NOTICE AND WHISTLEBLOWER'S DECLARATION 

The solicitation ofthi~ information is authorized under the Commodity Exchange Act. 7 L.S. C. 1 et seq. This form may he used hy 

anyone wishing to provide the CFTC with information concerning a violation of the Commodity Exchange Act or the CFTC's 

regulations. This form and related information will he proce~~ed in the Lnited States of America, the location of the Cl-TC. If an 

individual is ~ubmilling lhi~ information fur th.: CITC's whistk:blowcr award program pur~uanl lo Section 23 of the Commodity 

Exchange Act, the information provided will be used to enable the CFTC to determine the individual's eligibility for payment of an 

award. This information will b.:: u~cd lo invc~tigatc and pro~cculc violations of lhc Commodity Exchange Act and lhc CITC's 

regulations. The CFTC may di~clo~e thi~ information when required to be disclosed to a defendant or respondent in connection 

wilh a public procc.::ding inslitulcd by th.: Commission. In addition, if the Commission d.::t.::nninc~ such di~closurc is ncc.::ssary or 

appropriate to accomplish the purposes of the CEA and to protect customers, the Commission may provide such information to the 

Department of Jmtice: an appropriate department or agency of the Federal Government; a state attorney general; any appropriate 

department or agency of a state; a registered entity. registered futures association, or self-regulatory organization (as defined in 

Section ](a) of the Securities Exchange Act of I 934 ( 15 L.S.C. 78c(a)); or a foreign futures authority. Tho~e entitie~ are subject to 

the same confidentiality requirements as the Commission. The Commission abo may disclose such information in accordance with 

Privacy Act of 1974 System of Records Notice~ CFTC-49, "Whi~tleblower Record<' (exempted), CFfC-10, "Investigatory 

Records" (.::xcmpt.::d). and CFTC-16. "Enforccm.::nl Ca~c Fik:s," (availabk on lhc CFTC Privacy Program web page, 

www.cftc.gov/Tran~parency/PrivacyOffice) exerci~ed in accordance with the confidentiality provi~ions in the CEA and 17 CFR 

165.4. Furnishing information on or through lhis form is volunlary. Ilow.::vcr, i!"an individual is providing in!"ormalion for lhc 

whi~tleblower award program. not providing required information may re~ult in the individual not being eligible for award 

con~ideration. Also, you may choose to submit thi~ form anonymously, hut in order to receive a whistleblmver award, you v,muld 

need to be identified to select CFTC staff for a final eligibility determination. and in unusual circumstances, you may need to be 

identified puhl icly for trial. I See in~tructions for further information. I By signing thi~ Declaration, I am agreeing to the collection, 

processing, use, and disclosure of my personally identifiable information as stated herein. 

I declare under penalty of perjury under the laws of the L:nited States that the information contained herein is true, correct and 

complete to the be~t of my knowledge, information and belief. I fully under~tand that I may be ~ubject to prosecution and ineligible 

!"or a whistk:blowcr award if. in my submission of information, my other dealings with lhc Commodity Fulur.::s Trading 

Commis~ion, or my dealing~ with another authority in connection with a related action, I knowingly and willfully make any fahe, 

!"iclitiou~ or frauduk:nt stat.::mcnts or rcprc~cntatiom, or use any !"ab.: writing or documcnl knowing that the wriling or document 

contains any false, fictitious or fraudulent statement or entry. 

Print l\'"ame 

(b)(3)7USC 

~')C:fh\f')\f/\\ trC:/\\ fh\fC:\ 

Check this box to agree to agree with the declaration above. Date 

b)(3)7USC 

')C,fh\f')\f/\\ 

H. COUNSEL CERTIFICATION 

10 
CONFIDENTIAL Submission Received: b)(3) 7 USC 

?R/h1/?1/A1 ff'.FA1 

I certify that I have revi.::wed lhis form fur compktcne~s and accuracy and that the information contained hcr.::in is lruc, correct and 

complete to the best of my knowledge, information and belief. 

I further certify that I have verified the identity of the whistleblower on whose behalf this form is being submitted by viewing the 

whistleblower's valid, unexpired government issued identification (e.g., driver's license, passport) and will retain an original, 

signed copy of this form. with Section G signed by the whistleblower. in my records. I further certify that I have obtained the 

\VhistleblO\ver's non-waivable consent to provide the Commodity Future~ Trading Commission with hi~ or her original ~igned Form 

TCR upon request in the event that the Commodity Futures Trading Commis~ion reque~t~ it due to concerns that the whistleblower 

may have knowingly and willfully made fahe. fictitious or fraudulent ~tatements or representation~, or used any fahe writing or 

document knowing that the writing or document contains any fahe. fictitiom or fraudulent ~tatement or entry; and that I con~ent to 

be legally obligated to do so within ~even (7) calendar days of receiving such a reque~t from the Commodity Future~ Trading 

Commi~sion. 

Print Name or Auorncy and Law Firm, if Applicable 

Check thi~ hox to agree with the declaration above. Date 

I agree to the collection, proce~~ing, u~e and di~clo~ure of my personal information a~ stated in the Privacy Policy for 

www.cftc.gov. 

FILES UPLOADED 

You have succes~fully uploaded the following I file: 

b)(3) 7 USC §26(h)(2)(A) re:/\\ th\fC:\ th\n\fr\ 

11 
.(b)(3)7USC CONFIDENTIAL Submission Received: b)(J) 7 USC TCR Number. 1$26/hl/21/Al /CEAl ?R/h1/?1/A1 W.FA1 

Submission Procedures 

Questions concerning this form may be dir.::cted to Commodity Futur.::s Trading Commission, 

Whistlehlower Office, Three Lafayette Centre, 1155 2 I,, Street. :-.JW, Wa~hington, DC 20581. 

• If you arc submitting information for the CFTC's whistlcblowcr award program, you must submit your 

information u~ing this Form TCR. 

• You may submit this form electronically, through the Web portal found on the CFTC's Web site at 

http://1nn1.1rhistfeh!ower.xov. You may also print this form and submit it by mail lo Commodity Futures Trading 

Commis~ion, Whi~tlehlower Office, Three Lafayette Centre, I 155 2 I ~t Street, NW, Washington, DC 2058 Lor hy 

facsimile to (202) 418-5975. 

• You have the right to submit information anonymously. If you do not submit anonymou~ly, please note 

that the CFrC i~ required hy law to maintain the confidentiality of any information which could rea~onably identify 

you, and will only reveal ~uch information in limited and ~pecifically - defined circum~tances. See 7 U.S.C. 

26(h)(2); 17 CFR 165.4. However. in order to receive a whistleblower award, you will need to be identified to select 

CFTC staff for a final eligibility determination. and in unusual circumstances, you may need to b.:: idcntifi.::d 

publicly for trial. You should therefore provide ~ome mean~ for the Cf<TC's staff to contact you, ~uch as a telephone 

number or an email address. 

Instructions for Completing Form TCR 

General 

• All references to "you" and "your" are intended to mean the complainant. 

Section A: Tell Us About Yourself 

Que~tion~ 1-14: Please provide the following information about your~elf: 

• last name, fir~t name and middle initial: 

• complete address. including city, state and zip code: 

• telephone number and. if available. an altcrnat.:: numb.::r whcr.:: you can be r.::ach.::d: 

• your .:-mail addrc~~ (to facilitat.:: communications, we strongly .::ncouragc you to provide an e-mail 

addre~~, especially if you are filing anonymously); 

• your preferred method of communication: and 

•your occupation. 

12 
TCR Number:fbJ(3) 7 USC CONFIDENTIAL Submission Received:l(b)(3) 7 USC 

Section B: Your Attorney's Information 

Complete this section only if you arc n::prcscnt.::d by an allorncy in this mailer. 

Que~tion~ 1-10: Provide the following information about your attorney: 

• attorney's name; 

• firm name; 

• complete address. including city, state and zip code: 

• lclcphonc number and fax number; and 

•e-mail address. 

Section C: Tell Us Who You Are Complaining About 

Questions 1-2: Choose one of the following that best describes the individual's profession or the type of entity to 

which your complaint relates: 

• l"or Indi,·iduals: accountant. analyst, as~ociated per~on. attorney, auditor. broker. commodity trading 

advisor. commodity pool operator, compliance officer. employee. executing broker. executive officer or 

director, financial planner. !1oor broker. Jloor trader, trader. unknown or other (~pccify). 

• For Entities: bank. commodity pool. commodity pool operator. commodity trading advisor, futures 

commi~~ion merchant, hedge fund. introducing hroker. major s\vap participant, retail foreign exchange 

dealer, swap dealer, unknown or other (~pecify). 

Que~tion~ 3-12: For each individual and/or entity. provide the following information. if known: 

• full name 

• complete addrc~~. including city, ~lalc and zip code; 

• telephone number: 

• e-mail address; and 

• internet addre~s, if applicahle. 

Que~tion 13: If you are complaining about a firm or individual that has custody or control of your inve~tment~, 

indicate if you have had difficulty contacting that entity or individual. 

Question 14: Identify if you are. or were, associated with the individual or firm you are complaining about. If 

ycs, dcscribc how you arc, or wcrc. associated with lhc individual or firm you arc complaining 

about. 

13 
CONFIDENTIAL Submission Received: (b)(3) 7 USC ~')C:fh\f')\f/\\ f('C:/\\ 

Question 15: Identify the initial form of contact between you and the person against whom you are filing this 

complaint. 

Section D: Tell Us About Your Complaint 

Que~tion 1: State the date (mm/dd/yyyy) that the alleged conduct occurred or began. 

Que~tion 2: Identify if the conduct i~ on-going. 

Question 3: Choose the option that you believe best describes the nature of your complaint. If you are alleging 

more than om:: violation, pk:asc !isl all lhat you bclicvc may apply. 

Que~tion 4: Select the type of product or instrument you are complaining ahout. 

Que~tion 5: If applicable, please name the product or in~trument. If yes, plea~e describe. 

Question 6: Identify whether you have suffered a monetary loss. If yes. please describe. 

Qucslion 7: Identify if thc im.lividual or firm you arc complaining about acknowk:dgcd their fault. 

Qucslion 8: Indicate whclhcr you have taken any other action regarding your complaint, including whether you 

complained to the Cl-TC, another regulator, a law enforcement agency, or any other agency or 

organization, or initiated legal action, mediation. arbitration or any other action. 

If you answered yes, provide details. including the date on which you took the action(s) described. 

the name of the per~on or entity to vdmm you directed any report or complaint, and contact 

information for the per~on or entity, if known, and the complete ca~e name, case number and 

forum of any legal action you have taken. 

Question 9: State in detail all facts pertinent to the alleged violation. Explain why you believe the facts 

dc~cribcd constilulc a violation of the Commodity Exchange AcL 

Que~tion 1 0: Describe all supporting materiah in your po~~es~ion and the availability and location of any 

additional ~upporting materials not in your posse~sion. 

Section E: Whistlchlowcr Program 

Qucslion 1: Dcscribc how you obtained lhc information lhal ~upporls your allcgalions. If any informalion wa~ 

ohtained from an attorney or in a communication where an attorney wa~ present, identify ~uch 

information with as much particularity as po~~ihle. In addition, if any information was obtained 

from a public source. identify the ~ource with as much particularity as po~~ible. 

14 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received (b)(J) 7 USC 

?R/h1/?1/A1 ff'.FA1 S?R/h 11?1/A1 /(;FA1 

Question 2: Identify any documents or other information in your submission on this Form TCR that you 

bclicn:: could reasonably be expected lo n::vcal your idcnlily. Explain the basis for your belief that 

your identity would he revealed if the documents or information were di~clo~ed to a third party. 

Que~tion 3: State whether you or your attorney have had any prior communication(~) with the CFfC 

concerning thi~ matter. 

If you answered "yes", identify the CFTC staff member(s) with whom you or your attorney 

communicated. 

Que~tion 4: Indicate \','hether you or your attorney have provided the information you are providing to the 

CFTC to any other agency or organization. or whether any other agency or organization ha~ 

requested the information or related information from you. 

Ir you answcrcd '"yes". provide details and the namc and contact information of the point of 

contact al lhc olhcr agency or organization. if known. 

Que~tion 5: Indicate \','hether your complaint relate~ to an entity of which you are, or \','ere in the past, an 

officer, director. counsel, employee. con~ultant or contractor. 

If you answered '"yes", state whether you have reported this violation to your supervisor, 

compliance office, whi~tlehlower hotline. omhud~man. or any other available mechani~m at the 

entity for reporting violation~. Plea~e provide details. including the date on which you took the 

action. 

Question 6: Indicate whether you have taken any other action regarding your complaint. including whether you 

complained to lhe CFfC. anolhcr rcgulalor, a law cnforcemcnl agency. or any other agency or 

organization, or initiated legal action. mediation, arbitration or any other action. 

If you an~wered '"yes", provide detaih. including the date on which you took the action(sJ 

described, the name of the person or entity to whom you directed any report or complaint, and 

contact information fur the person or cnlity. if known, and the complclc case name. casc number 

and forum of any legal action you have taken. 

Que~tion7: Provide any additional information you think may he relevant. 

Section F: Whistleblower Eligihilit~, Requirements and Other Information 

15 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received{bJ~3_) 7_~U -~-C- _ . ')"fh\f')\fA\ fr"'C:A\ 

Question 1: 

Question 2: 

State whether you are currently, or were at the time that you acquired the original 

information that you are submitting to the CFTC, a member, officer or employee of: The 

CFTC; the Board of Governors of the Federal Reserve System; the Office of the 

Comptroller of the Currency; the Board of Directors of the Federal Deposit Insurance 

Corporation; the Director of the Office of Thrift Supervision; the National Credit Union 

Administration Board; the Securities and Exchange Commission; the Department of 

Justice; a registered entity; a registered futures association; a self-regulatory organization 

(as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); a law 

enforcement organization; or a foreign regulatory authority or law enforcement 

organization. 

State whether you are providing the information pursuant to a cooperation agreement 

with the CFTC or with another agency or organization. 

Question 3: State whether you are providing this information before you (or anyone representing you) 

received any request, inquiry or demand that relates to the subject matter of this 

submission (i) from the CFTC, (ii) in connection with an investigation, inspection or 

examination by any registered entity, registered futures association or self-regulatory 

organization (as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 

78c(a)), or (iii) in connection with an investigation by the Congress, or any other federal 

or state authority. 

Question 4: State whether you are currently a subject or target of a criminal investigation, or whether 

you have been convicted of a criminal violation, in connection with the information you 

are submitting to the CFTC. 

Question 5: State whether you acquired the information you are providing to the CFTC from any 

individual described in Questions 1 through 4 of this section. 

Question 6: If you answered "Yes" to any Questions 1 through 5, please provide details. 

Section G: Privacy Notice and Whistleblower's Declaration 

16 
TCR Number: b)(3) 7 USC .. R . d b)(3)7USC CONFIDENTIAL Sb ')C,fh\f')\f/\\ trC:/\\ u m1ss1on eceive : ?R/h)/?)/A) /(;FA) 

You must sign this Declaration if you are submitting this information pursuant to the CFTC 

whistleblower program and wish to be considered for an award. If you are submitting your information 

using the electronic version of Form TCR through the CFTC's web portal, you must check the box to 

agree with the declaration. If you are submitting your information anonymously, you must still sign this 

Declaration (using the term "anonymous") or check the box as appropriate, and, if you are represented 

by an attorney, you must provide your attorney with the original of this signed form, or maintain a copy for 

your own records. 

Section H: Counsel Certification 

If you are submitting this information pursuant to the CFTC whistleblower program and you are doing 

so anonymously through an attorney, your attorney must sign the Counsel Certification Section. If your 

attorney is submitting your information using the electronic version of Form TCR through the CFTC's web 

portal, he/she must check the box to agree with the certification. If you are represented in this matter but 

you are not submitting your information pursuant to the CFTC whistleblower program, your attorney does 

not need to sign this Certification or check the box. 

17 
.(b)(3)7USC .. R . d b)(3)7USC CONFIDENTIAL Sb TCR Number. &?R/h 11?1/A1 /f".FA1 u m1ss1on eceive : ?R/h)/?)/A) /(;FA) 

UNITED STATES 

COMMODITY FUTURES TRADING COMMISSION 

Washington, DC 20581 

0MB APPROVAL 

0MB Kumbcr: 3038-0082 

FORMTCR 

TIP, COMPLAINT OR REFERRAL 

See attached Suhmissio11 Procedures and Completion lnstr11ctio11s Be!mr. 

A. TELL US ABOUT YOURSELF 

COMPLAINANT 1: 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 
CONFIDENTIAL Submission Received: b)(J) 7 USC ?R/h1/?1/A1 W.FA1 

B. YOUR ATTORNEY'S INFORMATION (If Applicable - See Instructions) 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received (b)(J) 7 USC ~')C:fh\f')\f/\\ f('C:/\\ ?R/h 11?1/A1 

C. TELL US WHO YOU ARE COMPLAINING ABOUT 

INDIVIDUAL/ ENTITY 1: 

I. Type: lm.lividual Entity 2. Ir an im.lividuaL spccify profession. If an entity, specify type. 

L:nrcgistered FCM/RFED 

3. :-.Jame 

Paywanl, Inc. (dba Krakcn) 

4. Street Address 5. Apartment/Unit# 

548 Market Street Suite 3%56 

6. City 7. State/Province 8. ZIP/Po~tal Code 9. Country 

San Francisco CA 94104 CSA 

10. Telephone 11. E-mail Addre~~ 12. Internet Addre~~ 

+ I 650-434-2889 www.kraken.com 

13. If you are complaining about a firm or individual th.it has custody or control of your investments, have you had difficulty 

contacting that entity or individual'! Yes l\'"o Unknown 

14. Are you, or were you, associated with the individual or firm when the alleged conduct occuJTed? 

Yes No Unknown 

If yes, describe how you are, or were, associated with the individual or firm you are complaining about'! 

15. What was the initial form or contact between you and the per~on agaimt whom you arc filing this complaint'J 

Internet Adverti~emcnt 

If other, please describe: 

INDIVIDUAL/ ENTITY 2: 

I. Type: Individual Entity 2. If an individual, specify profession. If an entity, specify type. 

Cnregi~tered FCM/RFED 

3. ::-,./ame 

Poloniex 

3 
TCR Number: b)(3) 7 USC .. R . dl(b)(3)7USC ?R/h1/?1/A1 W.FA1 CONFIDENTIAL Sbu m1ss1on eceive 526/bll2J/Al ICE Al 

4. Stred Addre~~ 5. Apartmenl/Unit # 

6. City 7. Stale/Province 8. ZIP/Poslal Code 9. Country 

Bo~lon Ma~~achusells 

10. Telephone I I. E-mail Addre~~ 12. Internet Addre~~ 

hll ps: / /poloni.::x.com/ 

11. If you are complaining about a firm or individual that ha~ custody or control of your inve~tmenb, have you had difficulty 

contacting that entity or individual? Yes l\"o Unknown 

14. Are you, or were you. as~ociated with the individual or firm when the alleged conduct occurred'! 

Yes No Unknown 

If yes. describe how you are, or were, a~~ociated with the individual or firm you are complaining about? 

15. What wa~ the initial form of contact between you and the person against whom you are filing thi~ complaint? 

Internet Advertisement 

If other. picas.: d.::scribc: 

INDIVIDUAL/ ENTITY 3: 

I. Type: Individual Entity 2. lfan individual, ~pecify profe~~ion. [fan entity. ~pecify type. 

Lnregi~tered 1:CM/Rl;ED 

3. :'.Jame 

BiMamp USA Inc. 

4. Street Address 5. Apartment/Unit# 

99 Hud~on Street 5th Floor 

6. City 7. State/Province 8. ZIP/Postal Code 9. Country 

:-.Jew York NY 10013 Cnited State~ 

10. Telephone 11. E-mail Address 12. Internet Address 

www.bitstamp.net 

4 
CONFIDENTIAL Submission Received: (b)(3) 7 USC ~')"fh\f')\fA\ fr"'C:A\ 

13. If you an: complaining about a firm or individual that has cu~tody or control of your investments. have you had difficulty 

contacting that entity or individual'! Yes l\'"o Unknown 

14. Arc you. or w.::rc you, associated with the individual or firm when the alk:gcd conduct occurred? 

Nu Unknown 

If ye~, dc~cribc how you arc. or wcr.::, associated with the individual or firm you ar.:: complaining about'J 

15. What was the initial form or contact between you and the pcr~on agaimt whom you ar.:: filing this complaint'J 

Internet Advcrti~cm.::nt 

If other. please describe: 

INDIVIDUAL/ ENTITY 4: 

I. Type: Individual Entity 2. lfan individual, ~pecify profe~~ion. [fan entity. ~pecify type. 

Cnregi~tered FCM/RFED 

3. :'.'-Jame 

Billrcx, Inc. 

4. Street Address 5. Apartment/Unit# 

6077 S Fort Apache Rd 

6. City 7. State/Province 8. ZIPIPo~tal Code 9. Country 

La~ Vegas Nevada 89148 Lnited State~ 

10. Telephone 11. E-mail Addre~~ 12. Internet Addre~~ 

www.hittrex.com 

13. If you are complaining about a firm or individual that ha~ custody or control of your inve~tment~. have you had difficulty 

contacting that entity or individual'! Yes l\o Unknown 

14. Are you. or were you, associated with the individual or firm when the alleged conduct occuJTed? 

Yes No Unknown 

If yes. describe how you are. or were, associated with the individual or firm you are complaining about'.' 

5 
CONFIDENTIAL Submission Received: b)(J) 7 USC ')"fh\f')\fA\ fr"'C:A\ 

15. What was the initial form or eontact between you and the pcr~on agaimt whom you an: filing this complaint'J 

(b)(3) 7 USC §26(h)(2)(A) W.FA1 /h1/R1 /h1/71W.1 

If other, plea~e describe: 

6 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(J) 7 USC 

?R/h 11?1/A1/(;FA1 ~26(h)(2)(A) (CEA) 

D. TELL US ABOUT YOUR COMPLAINT 

1. Occurrence Dal.: (mm/dd//yyyy): 2. h th.: conduct on-going? 

07/24/2017 Yes l\'"o Don·t Know 

3. Please ~elect the option(~) that best describe~ your complaint. 

Fraudulent representations that persuaded you to trade futures. options, swaps. forex. retail commodity. or leveraged 

transactions 

Some type of cheating or fraud that occurred after you had depo~ited funds to trade future~. options, swaps, forex. retail 

commodity, or leveraged tran~action~ (for example, if ~omeone u~ed the funds you depo~ited to pay off ~omeone else or you have 

asked for the return of your funds and have been refused). 

Someone or som.:: firm that should be rcgi~tcrcd und.::r the Commodity Exchange Act. but is not. 

Disruptive or manipulative trading activity in the future~, option~ or swap~ market~. 

The trading of futures options, or swaps based upon confidential information by someone not allowed to use such information. 

Complaint does not fit into any of the above-described categories 

If your complaint does not fit into any of the above-described categories please describe below. 

4. Sd.::ct the type of product/instrument: 

A futur.::s contract. including a singk: stock futures contract, a narrow bas.::d or broad bas.::d ~ccurity future contract. 

An option on a futures contract. an option on a commodity. BUT :-,./OT an option on a security or a basket of securities. 

A swap. including a mixed swap BUT :-,./OT a swap based on a single security or based on a narrow (i.e .. nine or less) index of 

securities. 

A ca~h (or physical) contract traded in inter~tate commerce. 

A foreign currency transaction. 

If a foreign currency tran~action: 

o Are you an individual that trades or inve~t~ more than S10,000,000 on a di~cretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than $5,000,000 and enter~ into the foreign currency agreement 

to manage the ri~k associated with some other a~set or liability? 

Yes No 

7 
CONFIDENTIAL Submission Received (b)(J) 7 USC &?R/h1/?1/A1 W.FA1 

A commodity transaction enter.::d into or offered on a lcv.::raged or margined basis. or financed by the offrror, th.: count.::rparty, 

or someone acting in concert with the offeror or counterparty. 

If yes: 

o Are you an individual that trades or invests more than S 10.000.000 on a discretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than 55.000,U0U and enter~ into the foreign currency agreement 

to manage the ri~k associated with some other a~set or liability'.' 

Ye~ No 

Other 

If other, plea~e describe: 

5. If a licable, what is the name of product/investment? 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) 

h1/71W.1 

6. Have you suffered a monetary loss? Yes 

If yes. describe bow mucb. 

7. Has the individual or firm who engaged in the conduct acknowledged their fault? Yes No 

8. Ilave you or anyone else taken any action against the firm or person who engag.::d in the alkged conduct? Nu 

If yes. ~elect the appropriate category: 

Prior complaint to tbe Cl-TC. 

Complaint lo anoth.::r regulator. 

A slate or fcd.::ral criminal law .::nfurc.::ment .::ntily. 

A legal action filed agaimt th.: p.::rson or firm in a court of law. 

Additional commenb ba~ed on above ~election (e.g., Who, When, Contact, To whom made. Case Numb.::r, Court). 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

8 
TCR Number (b)(3) 7 USC CONFIDENTIAL Sb .. R . d[b)(3)7USC ~')"fh\f')\fA\ fr"'C:A\ u m1ss1on eceive : 2S/bll2J/Al ICE Al 

9. State in (ktail all facts pertinent to th.: alkg.::d violation. Explain why you bdieve the facts de~cribed conslitut.:: a violation of 

the Commodity Exchange Act. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

10. D.::scribe all supporting malerials in your poss.::ssion and lhe availability and location or any additional supporting materials nol 

m your po~~.::ss1011. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

9 
.b)(3)7USC .. R . d(b)(3)7USC CONFIDENTIAL Sb TCR Number. ?R/h 11?1/A1 /f".FA1 u m1ss1on eceive §2B(h)(2)(A) (CEA) 

E. WHISTLEBLOWER PROGRAM 

1. Describe how and from whom you obtained the information that support~ your allegations. If any information wa~ obtained 

from an attorney or in a communication where an attorney wa~ present. identify ~uch information with as much particularity a~ 

po~~ihle. In addition, if any information wa~ ohtained from a puhlic source, identify the source with a~ much particularity as 

po~~ihle. 

l(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2. Identify with particularity any document~ or other information in your ~ubmis~ion that you believe could reasonably be 

expected to reveal your identity and explain the basi~ for your belief that your identity would be revealed if the documents or 

information were di~closed to a third art ' 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

3. Have you or your attorney had any prior communication(s) with the CFTC concerning this matter'! Yes Ko 

lf"Yes," lease identif the CFTC staff member(s) \Vith whom you or your attorney communicated: 

b)(3) 7 USC §26(h)(2)(A) 

4. Have you or your attorney provided the information to any other agency or organization. or ha~ any other agency or 

organization requested the information or related information from you'! Yes l\o 

lf"Ycs_" lease rovidc details. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) /h1/R1 /h\/71/r\ 

lf "Y cs," lease rovidc the name and contact information of the oint of contact at the other agency or organization, if known. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

5. Does thi~ complaint relate to an entity of which you are or were an officer, director, counsel, employee, con~ultant or 

contractor? Ye~ No 

If''Yes," have you reported this violation to your supervisor, compliance office, whistleblower hotline, ombudsman, or any other 

available mechanism at the entity for reporting violations? Yes No 

lf"Yes," please provide details including the date you took the action(s). 

10 
CONFIDENTIAL Submission Received: b)(3) 7 USC 

?R/h1/?1/A1 ff'.FA1 

6. Have you taken any olh.::r action regarding your complaint'J Yes 

If ''Yes," please provide details. 

7. Provide any additional information that you think may be relevant. 

11 
CONFIDENTIAL Submission Received: b)(3) 7 USC ?R/h1/?1/A1 W.FA1 

F. WHISTLEBLOWER ELIGIBILITY REQUIREMENTS AND OTHER INFORMATION 

1. Arc you currently, or wcrc you at the lime that you acquin::d lhc original information lhat you arc submilling to lhc CFTC. a 

mcmbcr, officer or cmploycc of: lhc CFTC; the Board of Governors or the Fcdcral Rcscrvc Syslcm; lhc Office of lhc Comptrollcr 

of lhc Currency; lhc Board of Directors or thc Fcdcral Deposit Insurance Corporation; thc Director of lhc Officc or Thrift 

Supervision; the National Credit Union Administration Board: the Securities and Exchange Commission; the Department of Justice; 

a registered entity; a registered futures association; a self-regulatory organization (as defined in 3(aJ of the Securities Exchange Act 

of 1934 ( 15 L:.S.C.78c(a))); a law enforcement organization: or a foreign regulatory authority or law enforcement organization? 

Yes No 

2. Arc you providing this information pursuanl lo a coopcralion agrccmcnt with lhc CFfC or another agency or organiLalion? 

Yes No 

3. Before you provided this information, did you (or anyone representing you) receive any reque~t. inquiry or demand that relate~ 

to the suhject matter of this ~uhmi~sion (i) from the CITC. (ii) in connection with an investigation, inspection or examination hy 

any registered entity, regi~tered future~ a~sociation or self-regulatory organization (a~ defined in 3(a) of the Securities Exchange 

Act or 1934 (15 U.S.C.78c(a))), or (iii) in connection with an invc~tigation by lhc Congrcs~, or any other federal or slalc authority? 

Yes No 

4. Are you currently a subject or target of a criminal inve~tigation, or have you heen convicted of a criminal violation, in 

connection with the information that you are suhmitting to the CITC? 

Ye~ No 

5. Did you acquire the information being provided to the CFTC from any per~on de~cribed in Que~tion~ I through 4 above' 1 

Ye~ No 

6. If you answered ''Yes" to any of Questions I through 5 above, please provide details. 

12 
TCR Number (b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(J) 7 USC ~')C:fh\f')\f/\\ f('C:/\\ S?R/h 11?1/A1/(;FA1 

G. PRIVACY NOTICE AND WHISTLEBLOWER'S DECLARATION 

The solicitation ofthi~ information is authorized under the Commodity Exchange Act. 7 U.S. C. 1 et seq. This form may he used hy 

anyone wishing to provide the CFTC with information concerning a violation of the Commodity Exchange Act or the CFTC's 

regulations. This form and related information will he proce~~ed in the Lnited States of America, the location of the CITC. If an 

individual is ~ubmilling lhi~ information fur th.: CITC's whistk:blowcr award program pur~uanl lo Section 23 of the Commodity 

Exchange Act, the information provided will be used to enable the CFTC to determine the individual's eligibility for payment of an 

award. This information will b.:: u~cd lo invc~tigatc and pro~cculc violations of lhc Commodity Exchange Act and lhc CITC's 

regulations. The CFTC may di~clo~e thi~ information when required to be disclosed to a defendant or respondent in connection 

wilh a public procc.::ding inslitulcd by th.: Commission. In addition, if the Commission d.::t.::nninc~ such di~closurc is ncc.::ssary or 

appropriate to accomplish the purposes of the CEA and to protect customers, the Commission may provide such information to the 

Department of Jmtice: an appropriate department or agency of the Federal Government; a state attorney general; any appropriate 

department or agency of a state; a registered entity. registered futures association, or self-regulatory organization (as defined in 

Section ](a) of the Securities Exchange Act of I 934 ( 15 L.S.C. 78c(a)); or a foreign futures authority. Tho~e entitie~ are subject to 

the same confidentiality requirements as the Commission. The Commission abo may disclose such information in accordance with 

Privacy Act of 1974 System of Records Notice~ CFTC-49, "Whi~tleblower Record<' (exempted), CFfC-10, "Investigatory 

Records" (.::xcmpt.::d). and CFTC-16. "Enforccm.::nl Ca~c Fik:s," (availabk on lhc CFTC Privacy Program web page, 

www.cftc.gov/Tran~parency/PrivacyOffice) exerci~ed in accordance with the confidentiality provi~ions in the CEA and 17 CFR 

165.4. Furnishing information on or through lhis form is volunlary. Ilow.::vcr, i!"an individual is providing in!"ormalion for lhc 

whi~tleblower award program. not providing required information may re~ult in the individual not being eligible for award 

con~ideration. Also, you may choose to submit thi~ form anonymously, hut in order to receive a whistleblmver award, you v,muld 

need to be identified to select CFTC staff for a final eligibility determination. and in unusual circumstances, you may need to be 

identified puhl icly for trial. I See in~tructions for further information. I By signing thi~ Declaration, I am agreeing to the collection, 

processing, use, and disclosure of my personally identifiable information as stated herein. 

I declare under penalty of perjury under the laws of the L:nited States that the information contained herein is true, correct and 

complete to the be~t of my knowledge, information and belief. I fully under~tand that I may be ~ubject to prosecution and ineligible 

!"or a whistk:blowcr award if. in my submission of information, my other dealings with lhc Commodity Fulur.::s Trading 

Commis~ion, or my dealing~ with another authority in connection with a related action, I knowingly and willfully make any fahe, 

!"iclitiou~ or frauduk:nt stat.::mcnts or rcprc~cntatiom, or use any !"ab.: writing or documcnl knowing that the wriling or document 

contains any false, fictitious or fraudulent statement or entry. 

Print Kame 

b)(3)7USC 

')"fh\f')\fA\ trC:A\ 

Check this box to agree to agree with the declaration above. 

H. COUNSEL CERTIFICATION 

13 
TCR Number: b)(3) 7 USC .. R . dl(b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive 526/bll2J/Al ICE Al ')"fh\f')\fA\ fr"'C:A\ 

I certify that I have revi.::wed lhis form fur compktcne~s and accuracy and that the information contained hcr.::in is lruc, correct and 

complete to the best of my knowledge, information and belief. 

I further certify that I have verified the identity of the whistleblower on whose behalf this form is being submitted by viewing the 

whistleblower's valid, unexpired government issued identification (e.g., driver's license, passport) and will retain an original, 

signed copy of this form. with Section G signed by the whistleblower. in my records. I further certify that I have obtained the 

\VhistleblO\ver's non-waivable consent to provide the Commodity Future~ Trading Commission with hi~ or her original ~igned Form 

TCR upon request in the event that the Commodity Futures Trading Commis~ion reque~t~ it due to concerns that the whistleblower 

may have knowingly and willfully made fahe. fictitious or fraudulent ~tatements or representation~, or used any fahe writing or 

document knowing that the writing or document contains any fahe. fictitiom or fraudulent ~tatement or entry; and that I con~ent to 

be legally obligated to do so within ~even (7) calendar days of receiving such a reque~t from the Commodity Future~ Trading 

Commi~sion. 

Print Name or Auornc and Law Firm, if Applicable 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) 

Check thi~ hox to agree with the declaration ahove. Date 

(b)(3)7USC 

~')"fh\f')\fA\ 

I agree to the collection, proce~~ing, u~e and di~clo~ure of my personal information a~ stated in the Privacy Policy for 

www.cftc.gov. 

FILES UPLOADED 

You have succes~fully uploaded the following I U files: 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

14 
(b)(3)7USC .. R . d(b)(3)7USC CONFIDENTIAL Sb TCR Numbe ~26(h )(2)(A) (CEA) u m1ss1on eceive §2B(h)(2)(A) (CEA) 

Submission Procedures 

Questions concerning this form may be dir.::cted to Commodity Futur.::s Trading Commission, 

Whistlehlower Office, Three Lafayette Centre, I 155 21,, Street. :-.JW, Wa~hington, DC 20581. 

• If you arc submitting information for the CFTC's whistlcblowcr award program, you must submit your 

information u~ing this Form TCR. 

• You may submit this form electronically. through the Web portal found on the CFTC's Web site at 

http://1nrw 1rhistfeh!ower.,:ov. You may also print this form and submit it by mail lo Commodity Futures Trading 

Commis~ion, Whi~tlehlower Office, Three Lafayette Centre, I 155 2 I ~t Street, NW, Washington, DC 2058 Lor hy 

facsimile to (202) 418-5975. 

• You have the right to submit information anonymously. If you do not ~uhmit anonymously, plea~e note 

that the CFrC i~ required hy law to maintain the confidentiality of any information which could rea~onahly identify 

you, and will only reveal ~uch information in limited and specifically - defined circum~tances. See 7 U.S.C. 

26(h)(2); 17 CFR 165.4. However. in order to receive a whistleblower award, you will need to be identified to select 

CFTC staff for a final eligibility determination. and in unusual circum~tancc~, you may need lo be id.::nlificd 

publicly for trial. You should therefore provide ~ome mean~ for the Cf<TC's staff to contact you, ~uch as a telephone 

number or an email address. 

Instructions for Completing Form TCR 

General 

• All references to "you" and ''your" are intended to mean the complainant. 

Section A: Tell Us About Yourself 

Que~tion~ 1-14: Please provide the following information about your~elf: 

• last name, fir~t name and middle initial: 

• complete address. including city, state and zip code: 

• telephone number and. if availabk, an alternate number where you can be reached: 

• your .:-mail addrc~~ (to facilitat.:: communications, we strongly .::ncouragc you to provide an e-mail 

addre~~, especially if you are filing anonymou~ly); 

• your preferred method of communication: and 

•your occupation. 

15 
(b)(3)7USC .. R . d(b)(3)7USC CONFIDENTIAL Sb TCR Number §2B(h)(2)(A) (CEA) u m1ss1on eceive : ~2B(h )(2)(A) (CEA) 

Section B: Your Attorney's Information 

Complete this section only if you arc n::prcscnt.::d by an allorncy in this mailer. 

Que~tion~ 1-10: Provide the following information about your attorney: 

• attorney's name; 

• firm name; 

• complete address. including city, state and zip code: 

• lclcphonc number and fax number; and 

•e-mail address. 

Section C: Tell Us Who You Are Complaining About 

Questions 1-2: Choose one of the following that best describes the individual's profession or the type of entity to 

which your complaint relates: 

• l"or Indi,·iduals: accountant. analyst, as~ociated per~on. attorney, auditor. broker. commodity trading 

advisor. commodity pool operator, compliance officer, employee, executing broker, executive officer or 

director, financial planner. !1oor broker. Jloor trader, trader. unknown or other (~pccify). 

• For Entities: bank. commodity pool. commodity pool operator. commodity trading advisor, futures 

commi~~ion merchant, hedge fund. introducing broker. major s\vap participant. retail foreign exchange 

dealer, swap dealer, unknown or other (~pecify). 

Que~tion~ 3-12: For each individual and/or entity. provide the following information. if known: 

• full name 

• complete addrc~~. including city, ~lalc and zip code; 

• telephone number: 

• e-mail address; and 

• internet addre~s, if applicable. 

Que~tion 13: If you are complaining about a firm or individual that ha~ cu~tody or control of your inve~tments, 

indicate if you have had difficulty contacting that entity or individual. 

Question 14: Identify if you are. or were, associated with the individual or firm you are complaining about. If 

ycs, dcscribc how you arc, or wcrc. associated with lhc individual or firm you arc complaining 

about. 

16 
TCR Number (b)(3) 7 USC .. R . d(b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive ~2B(h)(2)(A) (CEA) &?R/h1/?1/A1 W.FA1 

Question 15: Identify the initial form of contact between you and the person against whom you are filing this 

complaint. 

Section D: Tell Us About Your Complaint 

Que~tion 1: State the date (mm/dd/yyyy) that the alleged conduct occurred or began. 

Que~tion 2: Identify if the conduct i~ on-going. 

Question 3: Choose the option that you believe best describes the nature of your complaint. If you are alleging 

more than om:: violation, pk:asc !isl all lhat you bdicvc may apply. 

Que~tion 4: Select the type of product or instrument you are complaining ahout. 

Que~tion 5: If applicable. please name the product or in~trument. If yes, plea~e describe. 

Question 6: Identify whether you have suffered a monetary loss. If yes. please describe. 

Qucslion 7: Identify if thc im.lividual or firm you arc complaining aboul acknowkdgcd thcir faull. 

Qucslion 8: Indicate whcthcr you have taken any other action regarding your complaint. inclm.ling whether you 

complained to the Cl-TC, another regulator. a law enforcement agency, or any other agency or 

organization, or initiated legal action. mediation, arbitration or any other action. 

If you answered yes. provide details. including the date on which you took the action(sJ described. 

the name of the per~on or entity to vdmm you directed any report or complaint. and contact 

information for the per~on or entity, if known. and the complete case name. case number and 

forum of any legal action you have taken. 

Question 9: State in detail all facts pertinent to the alleged violation. Explain why you believe the facts 

dc~cribcd constilulc a violation or the Commodity Exchangc Acl. 

Que~tion 1 0: Describe all supporting material~ in your posse~sion and the availahility and location of any 

additional ~upporting materials not in your posse~sion. 

Section E: Whistlchlowcr Program 

Qucslion 1: Dcscribc how you obtained lhc information lhal ~upporls your allcgalions. If any informalion wa~ 

ohtained from an attorney or in a communication where an attorney wa~ present, identify ~uch 

information with as much particularity as po~~ihle. In addition, if any information wa~ obtained 

from a public source. identify the ~ource with as much particularity as po~~ible. 

17 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received (b)(J) 7 USC 

26(hl(2l(Al (CEA) ~26(h)(2)(A) (CEA) 

Question 2: Identify any documents or other information in your submission on this Form TCR that you 

bclicn:: could reasonably be cxpcctcd to reveal your identity. Explain the basis fur your belief that 

your identity would he revealed if the documents or information were di~clo~ed to a third party. 

Que~tion 3: State whether you or your attorney have had any prior communication(~) with the CFfC 

concerning thi~ matter. 

If you answered "yes", identify the CFTC staff member(s) with whom you or your attorney 

communicated. 

Que~tion 4: Indicate \','hether you or your attorney have provided the information you are providing to the 

CFTC to any other agency or organization. or whether any other agency or organization ha~ 

requested the information or related information from you. 

Ir you answcrcd '"yes". provide details and the namc and contact information of the point of 

contact al the other agency or organiLation. if known. 

Que~tion 5: Indicate \','hether your complaint relate~ to an entity of which you are, or \','ere in the past, an 

officer, director. counsel, employee. con~ultant or contractor. 

If you answered '"yes", state whether you have reported this violation to your supervisor, 

compliance office, whi~tlehlower hotline. omhud~man. or any other available mechani~m at the 

entity for reporting violation~. Plea~e provide details. including the date on which you took the 

action. 

Question 6: Indicate whether you have taken any other action regarding your complaint. including whether you 

complained to the CFfC. anothcr regulator, a law cnforeemcnt agency. or any other agency or 

organization, or initiated legal action. mediation, arbitration or any other action. 

If you an~wered "ye<', provide detaih. including the date on which you took the action(sJ 

described, the name of the person or entity to whom you directed any report or complaint, and 

contact information fur the person or cntity. if known, and the complete ca~e namc. casc number 

and forum of any legal action you have taken. 

Que~tion7: Provide any additional information you think may he relevant. 

Section F: Whistleblower Eligihilit~, Requirements and Other Information 

18 
TCR Number: b)(3) 7 USC .. R . d b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : 26(h)(2)(A) (CEA) ?R/h 11?1/A1/(;FA1 

Question 1: 

Question 2: 

State whether you are currently, or were at the time that you acquired the original 

information that you are submitting to the CFTC, a member, officer or employee of: The 

CFTC; the Board of Governors of the Federal Reserve System; the Office of the 

Comptroller of the Currency; the Board of Directors of the Federal Deposit Insurance 

Corporation; the Director of the Office of Thrift Supervision; the National Credit Union 

Administration Board; the Securities and Exchange Commission; the Department of 

Justice; a registered entity; a registered futures association; a self-regulatory organization 

(as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); a law 

enforcement organization; or a foreign regulatory authority or law enforcement 

organization. 

State whether you are providing the information pursuant to a cooperation agreement 

with the CFTC or with another agency or organization. 

Question 3: State whether you are providing this information before you (or anyone representing you) 

received any request, inquiry or demand that relates to the subject matter of this 

submission (i) from the CFTC, (ii) in connection with an investigation, inspection or 

examination by any registered entity, registered futures association or self-regulatory 

organization (as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 

78c(a)), or (iii) in connection with an investigation by the Congress, or any other federal 

or state authority. 

Question 4: State whether you are currently a subject or target of a criminal investigation, or whether 

you have been convicted of a criminal violation, in connection with the information you 

are submitting to the CFTC. 

Question 5: State whether you acquired the information you are providing to the CFTC from any 

individual described in Questions 1 through 4 of this section. 

Question 6: If you answered "Yes" to any Questions 1 through 5, please provide details. 

Section G: Privacy Notice and Whistleblower's Declaration 

19 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received (b)(J) 7 USC 

26(h)(2)(A) (CEA) &?R/h1/?1/A1 W.FA1 

You must sign this Declaration if you are submitting this information pursuant to the CFTC 

whistleblower program and wish to be considered for an award. If you are submitting your information 

using the electronic version of Form TCR through the CFTC's web portal, you must check the box to 

agree with the declaration. If you are submitting your information anonymously, you must still sign this 

Declaration (using the term "anonymous") or check the box as appropriate, and, if you are represented 

by an attorney, you must provide your attorney with the original of this signed form, or maintain a copy for 

your own records. 

Section H: Counsel Certification 

If you are submitting this information pursuant to the CFTC whistleblower program and you are doing 

so anonymously through an attorney, your attorney must sign the Counsel Certification Section. If your 

attorney is submitting your information using the electronic version of Form TCR through the CFTC's web 

portal, he/she must check the box to agree with the certification. If you are represented in this matter but 

you are not submitting your information pursuant to the CFTC whistleblower program, your attorney does 

not need to sign this Certification or check the box. 

20 
(b)(3)7USC CONFIDENTIAL Submission Received (b)(J) 7 USC TCR Number &?R/h 11?1/A 1 ff'.FA1 §26(h)(2)(A) (CEA) 

UNITED STATES 

COMMODITY FUTURES TRADING COMMISSION 

Washington, DC 20581 

0MB APPROVAL 

0MB Kumbcr: 3038-0082 

FORMTCR 

TIP, COMPLAINT OR REFERRAL 

See attached Suhmissio11 Procedures and Completion lnstr11ctio11s Be!mr. 

A. TELL US ABOUT YOURSELF 

COMPLAINANT 1: 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(J) 7 USC 

?R/h1/?1/A1 ff'.FA1 1$26/hl/21/Al /CEAl 

B. YOUR ATTORNEY'S INFORMATION (If Applicable - See Instructions) 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(J) 7 USC ')C,fh\f')\f/\\ trC:/\\ ~26(h)(2)(A) (CEA) 

C. TELL US WHO YOU ARE COMPLAINING ABOUT 

INDIVIDUAL/ ENTITY 1: 

I. Type: lm.lividual Entity 2. Ir an im.lividuaL spccify profession. If an entity, specify type. 

L:nrcgistered FCM/RFED 

3. :-.Jame 

Paywanl, Inc. (dba Krakcn) 

4. Street Address 5. Apartment/Unit# 

6. City 7. State/Province 8. ZIP/Po~tal Code 9. Country 

10. Telephone 11. E-mail Addre~~ 12. Internet Addre~~ 

13. If you are complaining about a firm or individual th.it has custody or control of your investments, have you had difficulty 

contacting that entity or individual'! Yes l\'"o Unknown 

14. Are you, or were you, associated with the individual or firm when the alleged conduct occuJTed? 

Yes No Unknown 

If yes, describe how you are, or were, associated with the individual or firm you are complaining about'! 

15. What was the initial form or contact between you and the per~on agaimt whom you arc filing this complaint'J 

Internet Adverti~emcnt 

If other, please describe: 

3 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received (b)(J) 7 USC ')C,fh\f')\f/\\ trC:/\\ &?R/h1/?1/A1 W.FA1 

D. TELL US ABOUT YOUR COMPLAINT 

1. Occurrence Dal.: (mm/dd//yyyy): 2. h th.: conduct on-going? 

Yes l\"o Don·t Know 

3. Please ~elect the option(s) that hest de~crihes your complaint. 

Fraudulent representations that persuaded you to trade futures. options, swaps. forex. retail commodity. or leveraged 

transactions 

Some type of cheating or fraud that occurred after you had depo~ited funds to trade future~. options, swaps, forex. retail 

commodity, or leveraged tran~action~ (for example, if ~omeone used the funds you deposited to pay off ~omeone else or you have 

asked for the return of your funds and have been refused). 

Someone or som.:: firm that should be rcgi~tcrcd under th.: Commodity Exchang.:: Act. but i~ not. 

Disruptive or manipulative trading activity in the future~, option~ or swap~ market~. 

The trading of futures options, or swaps based upon confidential information by someone not allowed to use such information. 

Complaint does not fit into any of the ahove-described categories 

If your complaint does not fit into any of the above-described categories please describe below. 

4. Sd.::ct the type of product/instrument: 

A futur.::s contract. including a singk: stock futures contract, a narrow bas.::d or broad bas.::d ~ecurity future contract. 

An option on a futures contract. an option on a commodity. BUT :-,./OT an option on a security or a basket of securities. 

A swap. including a mixed swap BUT :-,./OT a swap based on a single security or based on a narrow (i.e .. nine or less) index of 

securities. 

A ca~h (or physical) contract traded in inter~tate commerce. 

A foreign currency transaction. 

If a foreign currency tran~action: 

o Are you an individual that trades or inve~t~ more than S10,000,000 on a di~cretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than $5,000,000 and enter~ into the foreign currency agreement 

to manage the ri~k associated with some other a~set or liability? 

Yes No 

4 
(b)(3)7USC CONFIDENTIAL Submission Received: b)(J) 7 USC TCR Number: ~2B(h )(2)(A) (CEA) 26(h)(2)(A) (CEA) 

A commodity transaction entcr.::d into or offered on a lcv.::raged or margined basis. or financed by the offrror, th.: count.::rparty, 

or someone acting in concert with the offeror or counterparty. 

If yes: 

o Are you an individual that trades or invests more than S 10.000.000 on a discretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than 55.000,000 and enter~ into the foreign currency agreement 

to manage the ri~k associated with some other a~set or liability'.' 

Ye~ No 

Other 

If other, plea~e describe: 

5. If applicable, what is the name of product/investment? 

6. Have you suffered a monetary loss? Yes 

If yes. describe bow mucb. 

7. Has the individual or firm who engaged in the conduct acknowledged their fault? Yes No 

8. Ilave you or anyone else taken any action against the firm or person who engag.::d in the alkged conduct? Nu 

If yes. ~elect the appropriate category: 

Prior complaint to tbe Cl-TC. 

Complaint lo anoth.::r regulator. 

A slate or fcd.::ral criminal law .::nfurc.::ment .::ntily. 

A legal action filed agaimt th.: p.::rson or firm in a court of law. 

Additional commenb ba~ed on above ~election (e.'-'., Who, When, Contact, To whom made. Case Numb.::r, Court). 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

5 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received (b)(3) 7 USC ')"fh\f')\fA\ fr"'C:A\ ~')"fh\f')\fA\ fr"'C:A\ 

9. State in (ktail all facts pertinent to th.: alkg.::d violation. 

the Commodity Exchange Act. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

Explain why you bdieve the facts de~cribed conslituk a violation of 

10. D.::scribe all supporting malerials in your poss.::ssion and lhe availability and location of any additional supporting malcrials nol 

In ,1our no~~S::SS\011. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

6 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received: b)(J) 7 USC 

?R/h ')C,fh\f')\f/\\ trC:/\\ 11?1/A1/(;FA1 

E. WHISTLEBLOWER PROGRAM 

1. Describe how and from whom you obtained the information that support~ your allegations. If any information wa~ obtained 

from an attorney or in a communication where an attorney wa~ present. identify ~uch information with as much particularity a~ 

po~~ihle. In addition, if any information wa~ ohtained from a puhlic source, identify the source with a~ much particularity as 

m~~ihle. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2. Identify with particularity any document~ or other information in your ~ubmis~ion that you believe could reasonably be 

expected to reveal your identity and explain the basi~ for your belief that your identity would be revealed if the document~ or 

information were di~closed to a third art ' 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

3. Have you or your attorney had any prior communicntion(s) with the CFTC concerning this matter? Yes Ko 

lf"Yes," nlease identifv the CFTC staff memberls\ \Vith whom vou or vour attornev communicated: 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

4. Have you or your attorney provided the information to any other agency or organization. or ha~ any other agency or 

organization requested the information or related information from you'! Yes l\o 

lf"Ycs" lease rovidc details. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

lf "Y cs " lease rovidc the name and contact information of the oint of contact at the other al!cnc or ornanization if known. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

5. Does thi~ complaint relate to an entity of which you are or were an officer, director, counsel, employee, con~ultant or 

contractor? Ye~ No 

If''Yes," have you reported this violation to your supervisor, compliance office, whistleblower hotline, ombudsman, or any other 

available mechanism at the entity for reporting violations'! Yes No 

Jf"Yes," please provide details including the date you took the action(s). 

7 
TCR Number: b)(3) 7 USC .. R . d(b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive §2B(h)(2)(A) (CEA) 26/hl/21/Al /CEAl 

6. Have you taken any olh.::r action regarding your complaint'J Yes 

If ''Yes," please provide details. 

7. Provide any additional information that you think may be relevant. 

8 
TCR Number: (b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(3) 7 USC ~')"fh\f')\fA\ fr"'C:A\ &?R/h1/?1/A1 ff'.FA1 

F. WHISTLEBLOWER ELIGIBILITY REQUIREMENTS AND OTHER INFORMATION 

1. Arc you currently, or w.::n:: you at the lime that you acquin::d lhe original information thal you arc ~ubmilling to the CFTC, a 

mcmb.::r, officer or .::mployce of: the CFTC; the Board of Governors or the Fcd.::ral R.::serv.:: System; th.: Office of the Complruller 

of lhe Currency; the Board of Directors or th.: F.::deral Deposit Insurance Corporation; lhe Director of the Office ofThrifl 

Supervision; the National Credit Union Administration Board: the Securities and Exchange Commission; the Department of Justice; 

a registered entity; a registered futures association; a self-regulatory organization (as defined in 3(a) of the Securities Exchange Act 

of 1934 ( 15 L:.S.C.78c(a))); a law enforcement organization: or a foreign regulatory authority or law enforcement organization'! 

Yes No 

2. Arc you providing this information pursuant to a coop.::ralion agrcem.::nl with th.: CTTC or another agency or organiLation'.' 

Yes No 

3. Before you provided thi~ information, did you (or anyone representing you) receive any reque~t, inquiry or demand that relate~ 

to the suhject matter of this ~uhmi~sion (i) from the CITC. (ii) in connection with an investigation, inspection or examination hy 

any registered entity, registered futures as~ociation or ~elf-regulatory organization (a~ defined in ](a) of the Securities Exchange 

Act or 1934 (15 U.S.C.78c(a))), or (iii) in connection with an invc~tigation by lhe Congrcs~, or any other federal or stale authority? 

Yes No 

4. Are you currently a subject or target of a criminal inve~tigation, or have you heen convicted of a criminal violation, in 

connection with the information that you are suhmitting to the CITC? 

Ye~ No 

5. Did you acquire the information being provided to the CFTC from any per~on de~cribed in Que~tion~ I through 4 above' 1 

Ye~ No 

6. If you answered ''Yes" to any of Questions I through 5 above, please provide details. 

9 
TCR Number: (b)(3) 7 USC CONFIDENTIAL Submission Received: b)(J) 7 USC 

&?R/h1/?1/A1 W.FA1 ?R/h1/?1/A1 ff'.FA1 

G. PRIVACY NOTICE AND WHISTLEBLOWER'S DECLARATION 

The solicitation ofthi~ information is authorized under the Commodity Exchange Act. 7 U.S. C. 1 et seq. This form may he used hy 

anyone wishing to provide the CFTC with information concerning a violation of the Commodity Exchange Act or the CFTC's 

regulations. This form and related information will he proce~~ed in the Lnited States of America, the location of the CITC. If an 

individual is ~ubmilling lhi~ information fur th.: CITC's whistk:blowcr award program pur~uanl lo Section 23 of the Commodity 

Exchange Act, the information provided will be used to enable the CFTC to determine the individual's eligibility for payment of an 

award. This information will b.:: u~cd lo invc~tigatc and pro~cculc violations of lhc Commodity Exchange Act and lhc CITC's 

regulations. The CFTC may di~clo~e thi~ information when required to be disclosed to a defendant or respondent in connection 

wilh a public procc.::ding inslitulcd by th.: Commission. In addition, if the Commission d.::t.::nninc~ such di~closurc is ncc.::ssary or 

appropriate to accomplish the purposes of the CEA and to protect customers, the Commission may provide such information to the 

Department of Jmtice: an appropriate department or agency of the Federal Government; a state attorney general; any appropriate 

department or agency of a state; a registered entity. registered futures association, or self-regulatory organization (as defined in 

Section ](a) of the Securities Exchange Act of I 934 ( 15 L.S.C. 78c(a)); or a foreign futures authority. Tho~e entitie~ are subject to 

the same confidentiality requirements as the Commission. The Commission abo may disclose such information in accordance with 

Privacy Act of 1974 System of Records Notice~ CFTC-49, "Whi~tleblower Record<' (exempted), CFfC-10, "Investigatory 

Records" (.::xempt.::d). and CFTC-16. "Enforcem.::nl Ca~e Fik:s," (availabk on lhc CFTC Privacy Program web page, 

www.cftc.gov/Tran~parency/PrivacyOffice) exerci~ed in accordance with the confidentiality provi~ions in the CEA and 17 CFR 

165.4. Furnishing information on or through lhis form is volunlary. Ilow.::vcr, i!"an individual is providing in!"ormalion for lhc 

whi~tleblower award program. not providing required information may re~ult in the individual not being eligible for award 

con~ideration. Also, you may choose to submit thi~ form anonymously, hut in order to receive a whistleblmver award, you v,muld 

need to be identified to select CFTC staff for a final eligibility determination. and in unusual circumstances, you may need to be 

identified puhl icly for trial. I See in~tructions for further information. I By signing thi~ Declaration, I am agreeing to the collection, 

processing, use, and disclosure of my personally identifiable information as stated herein. 

I declare under penalty of perjury under the laws of the L:nited States that the information contained herein is true, correct and 

complete to the be~t of my knowledge, information and belief. I fully under~tand that I may be ~ubject to prosecution and ineligible 

!"or a whistk:blowcr award if. in my submission of information, my other dealings with lhe Commodity Fulur.::s Trading 

Commis~ion, or my dealing~ with another authority in connection with a related action, I knowingly and willfully make any fahe, 

!"iclitiou~ or frauduk:nt stat.::ments or reprc~entatiom, or use any !"ab.: writing or documenl knowing that the wriling or document 

contains any false, fictitious or fraudulent statement or entry. 

Print Kame 

(b)(3)7USC 

§26(h)(2)(A) (CEA) 

Check this box to agree to agree with the declaration above. 

(b)(3)7USC 

S?R/h 11?1/A1 

H. COUNSEL CERTIFICATION 

10 
TCR Number: 1802-2615-0844-78 CONFIDENTIAL Submission Received: 2/26/2018 3:08:44 PM 

I certify that I have revi.::wed lhis form fur compktcne~s and accuracy and that the information contained hcr.::in is lruc, correct and 

complete to the best of my knowledge, information and belief. 

I further certify that I have verified the identity of the whistleblower on whose behalf this form is being submitted by viewing the 

whistleblower's valid, unexpired government issued identification (e.g., driver's license, passport) and will retain an original, 

signed copy of this form. with Section G signed by the whistleblower. in my records. I further certify that I have obtained the 

\VhistleblO\ver's non-waivable consent to provide the Commodity Future~ Trading Commission with hi~ or her original ~igned Form 

TCR upon request in the event that the Commodity Futures Trading Commis~ion reque~t~ it due to concerns that the whistleblower 

may have knowingly and willfully made fahe. fictitious or fraudulent ~tatements or representation~, or used any fahe writing or 

document knowing that the writing or document contains any fahe. fictitiom or fraudulent ~tatement or entry; and that I con~ent to 

be legally obligated to do so within ~even (7) calendar days of receiving such a reque~t from the Commodity Future~ Trading 

Commi~sion. 

Print Name or Auorne 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) 

/h1/71ff'.1 

Check thi~ hox to agree 

and Law Firm, if Applicable 

with the declaration ahove. Date 

(b)(3)7USC 

~')C:fh\f')\f/\\ 

I agree to the collection, proce~~ing, u~e and di~clo~ure of my personal information a~ stated in the Privacy Policy for 

www.cftc.gov. 

FILES UPLOADED 

You have succes~fully uploaded the following I U files: 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

11 
.b)(3)7USC CONFIDENTIAL Submission Received: (b)(J) 7 USC TCR Number. ?R/h 11?1/A1/(;FA1 &?R/h1/?1/A1 ff'.FA1 

Submission Procedures 

Questions concerning this form may be dir.::cted to Commodity Futur.::s Trading Commission, 

Whistlehlower Office, Three Lafayette Centre, 1155 2 I,, Street. :-.JW, Wa~hington, DC 20581. 

• If you arc submitting information for the CFTC's whistlcblowcr award program, you must submit your 

information u~ing this Form TCR. 

• You may submit this form electronically, through the Web portal found on the CFTC's Web site at 

http://1nn1.1rhistfeh!ower.xov. You may also print this form and submit it by mail lo Commodity Fulun::~ Trading 

Commis~ion, Whi~tlehlower Office, Three Lafayette Centre, I 155 2 I~t Street, NW, Washington, DC 2058 Lor hy 

facsimile to (202) 418-5975. 

• You have the right to submit information anonymously. If you do not ~uhmit anonymously, plea~e note 

that the CFrC i~ required hy law to maintain the confidentiality of any information which could rea~onahly identify 

you, and will only reveal ~uch information in limited and ~pecifically - defined circum~tances. See 7 U.S.C. 

26(h)(2); 17 CFR 165.4. However. in order to receive a whistleblower award. you will need to be identified to select 

CFTC staff for a final eligibility determination. and in unusual circumstances, you may need to b.:: identifi.::d 

publicly for trial. You should therefore provide ~ome mean~ for the CFTC'~ staff to contact you, ~uch as a telephone 

number or an email address. 

Instructions for Completing Form TCR 

General 

• All references to "you" and "your" are intended to mean the complainant. 

Section A: Tell Us About Yourself 

Que~tion~ 1-14: Please provide the following information about your~elf: 

• last name, fir~t name and middle initial: 

• complete address. including city, state and zip code: 

• telephone number and. if availabk, an alternate number where you can be reached: 

• your .:-mail addrc~~ (to facilitat.:: communications, we strongly .::ncouragc you to provide an e-mail 

addre~~, especially if you are filing anonymously); 

• your preferred method of communication: and 

•your occupation. 

12 
(b)(3)7USC TCR Number ~ CONFIDENTIAL Submission Received: (b)(J) 7 USC 2B(h )(2)(A) (CEA) ~26(h)(2)(A) (CEA) 

Section B: Your Attorney's Information 

Complete this section only if you arc n::prc~enh:d by an allorncy in this mailer. 

Que~tion~ 1-10: Provide the following information about your attorney: 

• attorney's name; 

• firm name; 

• complete address. including city, state and zip code: 

• lclcphonc number and fax numbcr; and 

•e-mail address. 

Section C: Tell Us Who You Are Complaining About 

Questions 1-2: Choose one of the following that best describes the individual's profession or the type of entity to 

which your complaint relates: 

• l"or Indi,·iduals: accountant. analyst, as~ociated per~on. attorney, auditor. broker. commodity trading 

advisor. commodity pool operator, compliance officer. employee. executing broker. executive officer or 

director, financial planner. !1oor broker. Jloor trader, trader. unknown or other (~pccify). 

• For Entities: bank. commodity pool. commodity pool operator. commodity trading advisor, futures 

commi~~ion merchant, hedge fund. introducing hroker. major s\vap participant. retail foreign exchange 

dealer, swap dealer, unknown or other (~pecify). 

Que~tion~ 3-12: For each individual and/or entity. provide the following information. if known: 

• full name 

• complete addrc~~. including city, ~lalc and zip code; 

• telephone number: 

• e-mail address; and 

• internet addre~s, if applicahle. 

Que~tion 13: If you are complaining about a firm or individual that has custody or control of your inve~tment~, 

indicate if you have had difficulty contacting that entity or individual. 

Question 14: Identify if you are. or were, associated with the individual or firm you are complaining about. If 

ycs, dcscribc how you arc, or wcrc. associated with lhc individual or firm you arc complaining 

about. 

13 
TCR Number (b)(3) 7 USC .. R . d b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : ?R/h)/?)/A) /(;FA) ~26(h)(2)(A) (CEA) 

Question 15: Identify the initial form of contact between you and the person against whom you are filing this 

complaint. 

Section D: Tell Us About Your Complaint 

Que~tion 1: State the date (mm/dd/yyyy) that the alleged conduct occurred or began. 

Que~tion 2: Identify if the conduct i~ on-going. 

Question 3: Choose the option that you believe best describes the nature of your complaint. If you are alleging 

more than om:: violation, pk:asc list all that you bdicvc may apply. 

Que~tion 4: Select the type of product or instrument you are complaining ahout. 

Que~tion 5: If applicable. please name the product or in~trument. If yes. please de~cribe. 

Question 6: Identify whether you have suffered a monetary loss. If yes. please describe. 

Question 7: Identify if thc im.lividual or firm you arc complaining about acknowkdgcd thcir fault. 

Question 8: Indicate whcthcr you have takcn any other action rcgan.ling your complaint. including whcthcr you 

complained to the Cl-TC, another regulator. a law enforcement agency, or any other agency or 

organization. or initiated legal action. mediation, arbitration or any other action. 

If you answered yes, provide details. including the date on which you took the action(s) described. 

the name of the per~on or entity to vdmm you directed any report or complaint. and contact 

information for the per~on or entity. if known. and the complete case name. ca~e number and 

forum of any legal action you have taken. 

Question 9: State in detail all facts pertinent to the alleged violation. Explain why you believe the facts 

dc~cribcd constitute a violation or the Commodity Exchangc Act. 

Que~tion 1 0: Describe all supporting materiah in your po~~es~ion and the availability and location of any 

additional ~upporting materials not in your posse~sion. 

Section E: Whistlchlowcr Program 

Question 1: Dcscribc how you obtained the information that ~upports your allcgations. If any information wa~ 

ohtained from an attorney or in a communication where an attorney wa~ present, identify ~uch 

information with as much particularity as po~~ihle. In addition, if any information wa~ obtained 

from a public source. identify the ~ource with as much particularity as po~~ible. 

14 
(b)(3)7USC TCR Number: § CONFIDENTIAL Submission Received: b)(J) 7 USC 2B(h)(2)(A) (CEA) ?R/h 11?1/A1/(;FA1 

Question 2: Identify any documents or other information in your submission on this Form TCR that you 

bclicn:: could reasonably be cxpcctcd to reveal your identity. Explain the basis fur your belief that 

your identity would he revealed if the documents or information were di~clo~ed to a third party. 

Que~tion 3: State whether you or your attorney have had any prior communication(~) with the CFfC 

concerning thi~ matter. 

If you answered "yes", identify the CFTC staff member(s) with whom you or your attorney 

communicated. 

Que~tion 4: Indicate \','hether you or your attorney have provided the information you are providing to the 

CFTC to any other agency or organization. or whether any other agency or organization ha~ 

requested the information or related information from you. 

Ir you answcrcd '"yes". provide details and the namc and contact information of the point of 

contact al the other agency or organiLation. if known. 

Que~tion 5: Indicate \','hether your complaint relate~ to an entity of which you are, or \','ere in the past, an 

officer, director. counsel, employee. con~ultant or contractor. 

If you answered '"yes", state whether you have reported this violation to your supervisor, 

compliance office, whi~tlehlower hotline. omhud~man. or any other available mechani~m at the 

entity for reporting violation~. Plea~e provide details. including the date on which you took the 

action. 

Question 6: Indicate whether you have taken any other action regarding your complaint. including whether you 

complained to the CFfC. anothcr regulator, a law cnforeemcnt agency. or any other agency or 

organization, or initiated legal action. mediation, arbitration or any other action. 

If you an~wered "ye<', provide detaih. including the date on which you took the action(sJ 

described, the name of the person or entity to whom you directed any report or complaint, and 

contact information fur the person or cntity. if known, and the complete ca~e namc. casc number 

and forum of any legal action you have taken. 

Que~tion7: Provide any additional information you think may he relevant. 

Section F: Whistleblower Eligihilit~, Requirements and Other Information 

15 
TCR Number: (b)(3) 7 USC CONFIDENTIAL Submission Received: b)(J) 7 USC ~')"fh\f')\fA\ fr"'C:A\ 26(h)(2)(A) (CEA) 

Question 1: State whether you are currently, or were at the time that you acquired the original 

Question 2: 

information that you are submitting to the CFTC, a member, officer or employee of: The 

CFTC; the Board of Governors of the Federal Reserve System; the Office of the 

Comptroller of the Currency; the Board of Directors of the Federal Deposit Insurance 

Corporation; the Director of the Office of Thrift Supervision; the National Credit Union 

Administration Board; the Securities and Exchange Commission; the Department of 

Justice; a registered entity; a registered futures association; a self-regulatory organization 

(as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); a law 

enforcement organization; or a foreign regulatory authority or law enforcement 

organization. 

State whether you are providing the information pursuant to a cooperation agreement 

with the CFTC or with another agency or organization. 

Question 3: State whether you are providing this information before you (or anyone representing you) 

received any request, inquiry or demand that relates to the subject matter of this 

submission (i) from the CFTC, (ii) in connection with an investigation, inspection or 

examination by any registered entity, registered futures association or self-regulatory 

organization (as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 

78c(a)), or (iii) in connection with an investigation by the Congress, or any other federal 

or state authority. 

Question 4: State whether you are currently a subject or target of a criminal investigation, or whether 

you have been convicted of a criminal violation, in connection with the information you 

are submitting to the CFTC. 

Question 5: State whether you acquired the information you are providing to the CFTC from any 

individual described in Questions 1 through 4 of this section. 

Question 6: If you answered "Yes" to any Questions 1 through 5, please provide details. 

Section G: Privacy Notice and Whistleblower's Declaration 

16 
TCR Number (b)(3) 7 USC .. R . d (b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : i:;2B(hl(2l(Al (CEA) S?R/h 11?1/A1/(;FA1 

You must sign this Declaration if you are submitting this information pursuant to the CFTC 

whistleblower program and wish to be considered for an award. If you are submitting your information 

using the electronic version of Form TCR through the CFTC's web portal, you must check the box to 

agree with the declaration. If you are submitting your information anonymously, you must still sign this 

Declaration (using the term "anonymous") or check the box as appropriate, and, if you are represented 

by an attorney, you must provide your attorney with the original of this signed form, or maintain a copy for 

your own records. 

Section H: Counsel Certification 

If you are submitting this information pursuant to the CFTC whistleblower program and you are doing 

so anonymously through an attorney, your attorney must sign the Counsel Certification Section. If your 

attorney is submitting your information using the electronic version of Form TCR through the CFTC's web 

portal, he/she must check the box to agree with the certification. If you are represented in this matter but 

you are not submitting your information pursuant to the CFTC whistleblower program, your attorney does 

not need to sign this Certification or check the box. 

17 
TCR Number: (b)(3) 7 USC .. R . d(b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive :&?R/h)l?)/A)ff'.FA) §26(h)(2)(A) (CEA) 

UNITED STATES 0MB APPROVAL 

COMMODITY FUTURES TRADING COMMISSION 

0MB Kumbcr: 3038-0082 Washington, DC 20581 

FORMTCR 

TIP, COMPLAINT OR REFERRAL 

See attached Suhmissio11 Procedures and Completion lnstr11ctio11s Be!mr. 

A. TELL US ABOUT YOURSELF 

COMPLAINANT 1: 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 
TCR Number: b)(3) 7 USC .. R . d(b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive ~2B(h)(2 ')"fh\f')\fA\ fr"'C:A\ )(A) (CEA) 

B. YOUR ATTORNEY'S INFORMATION (If Applicable - See Instructions) 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2 
CONFIDENTIAL Submission Received: b)(J) 7 USC ?R/h1/?1/A1 W.FA1 

C. TELL US WHO YOU ARE COMPLAINING ABOUT 

INDIVIDUAL/ ENTITY 1: 

I. Type: lm.lividual Entity 2. Ir an im.lividuaL spccify profession. If an entity, specify type. 

3. :-.Jame 

Kraken Bitcoin Exchange 

4. Street Address 5. Apartment/Unit# 

6. City 7. State/Province 8. ZIP/Po~tal Code 9. Country 

San Francisco CA 

10. Telephone 11. E-mail Addre~~ 12. Internet Addre~~ 

Kraken.com 

13. If you are complaining about a firm or individual th.it has custody or control of your investments, have you had difficulty 

contacting that entity or individual'! Yes l\'"o Unknown 

14. Are you, or were you, associated with the individual or firm when the alleged conduct occuJTed? 

Yes No Unknown 

If yes, describe how you are, or were, associated with the individual or firm you are complaining about'! 

15. What was the initial form or contact between you and the per~on agaimt whom you arc filing this complaint'J 

If other, please describe: 

INDIVIDUAL/ ENTITY 2: 

I. Type: Individual Entity 2. If an individual, specify profession. If an entity, specify type. 

CEO 

3. ::-,./ame 

Jesse Powell 

3 
TCR Number: b)(3) 7 USC .. R . d b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : ?R/h)/?)/A) /(;FA) ')"fh\f')\fA\ fr"'C:A\ 

4. Stred Addrc~~ 5. Apartmcnl/Unit # 

6. City 7. Stale/Province 8. ZIP/Poslal Code 9. Country 

San Franci~co CA 

10. Telephone I I. E-mail Addre~~ 12. Internet Addre~~ 

krnkcn.com 

11. If you are complaining about a firm or individual that ha~ custody or control of your inve~tmenb, have you had difficulty 

contacting that entity or individual? Yes l\"o Unknown 

14. Are you, or were you. as~ociated with the individual or firm when the alleged conduct occurred'! 

Yes No Unknown 

If yes. describe how you are, or were, a~~ociated with the individual or firm you are complaining about? 

15. What wa~ the initial form of contact between you and the person against whom you are filing thi~ complaint? 

Other 

If other. lease describe: 

(b)(3) 7 I I C: f'. 

4 
TCR Number: b)(3) 7 USC .. R . d b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : 26(h)(2)(A) (CEA) ')"fh\f')\fA\ fr"'C:A\ 

D. TELL US ABOUT YOUR COMPLAINT 

1. Occurrence Dal.: (mm/dd//yyyy): 2. h th.: conduct on-going? 

06/01/2018 Yes l\'"o Don·t Know 

3. Please ~elect the option(s) that hest de~crihes your complaint. 

Fraudulent representations that persuaded you to trade futures. options, swaps. forex. retail commodity. or leveraged 

transactions 

Some type of cheating or fraud that occurred after you had depo~ited funds to trade future~. options, swaps, forex. retail 

commodity, or leveraged tran~action~ (for example, if ~omeone u~ed the funds you depo~ited to pay off ~omeone else or you have 

asked for the return of your funds and have been refused). 

Someone or som.:: firm that should be rcgi~tcrcd und.::r the Commodity Exchange Act. but is not. 

Disruptive or manipulative trading activity in the future~, option~ or swap~ market~. 

The trading of futures options, or swaps based upon confidential information by someone not allowed to use such information. 

Complaint does not fit into any of the ahove-described categories 

If your complaint does not fit into any of the above-described categories please describe below. 

rb)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

4. Sd.::ct the type of product/instrument: 

A futur.::s contract. including a single stock futures contract, a narrow bas.::d or broad bas.::d ~ccurity future contract. 

An option on a futures contract. an option on a commodity. BUT :-,./OT an option on a security or a basket of securities. 

A swap. including a mixed swap BUT :-,./OT a swap based on a single security or based on a narrow (i.e .. nine or less) index of 

securities. 

A ca~h (or physical) contract traded in inter~tate commerce. 

A foreign currency transaction. 

If a foreign currency tran~action: 

o Are you an individual that trades or inve~t~ more than S10,000,000 on a di~cretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than $5,000,000 and enter~ into the foreign currency agreement 

to manage the ri~k associated with some other a~set or liability? 

Yes No 

5 
TCR Number: (b)(3) 7 USC .. R . d(b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : ~2B(h )(2)(A) (CEA) ~26(h)(2)(A) (CEA) 

A commodity tramaction .::nler.::d into or offrred on a lcv.::raged or margined basis. or financed by the offeror. th.: count.::rparly, 

or someone acting in concert with the offeror or counterparty. 

If yes: 

o Are you an individual that trades or invests more than S 10.000.000 on a discretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than 55.000,000 and enter~ into the foreign currency agreement 

to manage the ri~k associated with some other a~set or liability'.' 

Ye~ No 

Other 

If other, plea~e describe· 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

5. If applicable, what is the name of product/investment? 

(b)(3)7USC 

6. Have you ~uft'ered a monetary loss'.' 

If yes, describe how much. 

6 
(b)(3)7USC .. R . d b)(3)7USC TCR Number: ~2B(h )(2)(A) (CEA) CONFIDENTIAL Sbu m1ss1on eceive : 26(h)(2)(A) (CEA) 

7. Ilas lhe individual or firm who engagcd in the conduct acknowledged their fault? No 

8. Ilave you or anyone else taken any action against the firm or person who engagcd in the allcged conduct? Nu 

If yes, ~elect the appropriate category: 

Prior complaint to the CITC. 

Complaint lo anuthcr regulator. 

A stale or fcdcral criminal law cnfurccment cnlily. 

A legal action filed agaiml lhc pcrson or firm in a court of law. 

Additional cummenb ba~ed on above sdcction e.g._ Who, When, Contact Tu whom made, Case Numbcr Court). 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

9. State in detail all facts pertinent to the alleged violation. Explain why you believc the facts dcscribed conslitutc a violation of 

the Commodit Exchnn e Act. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

10. Dcscribe all supporting materials in your pusscssion and the availability and location of any additional supporting materials not 

m your posse~s1on. 

Please see all attachments. 

7 
CONFIDENTIAL Submission Received: (b)(3) 7 USC 

S?R/h 11?1/A1/(;FA1 

E. WHISTLEBLOWER PROGRAM 

1. Describe how and from whom you obtained the information that support~ your allegations. If any information wa~ obtained 

from an attorney or in a communication where an attorney wa~ present. identify ~uch information with as much particularity a~ 

po~~ihle. In addition, if any information wa~ ohtained from a puhlic source, identify the source with a~ much particularity as 

m~~ihle. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) 

2. Identify with particularity any document~ or other information in your ~ubmis~ion that you believe could reasonably be 

expected to reveal your identity and explain the basi~ for your belief that your identity would be revealed if the documents or 

information were di~closed to a third art ' 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

3. Have you or your attorney had any prior communicntion(s) with the CFTC concerning this matter? Yes Ko 

lf"Yes," please identify the CFTC staff member(s) \Vith whom you or your attorney communicated: 

4. Have you or your attorney provided the information to any other agency or organization, or ha~ any other agency or 

organization requested the information or related information from you'! Yes l\o 

lf"Ycs," please provide details. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

lf"Ycs," olcasc provide the name and contact information of the ooint of contact at the other a"encv or (Jr"anization, if known. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

5. Does thi~ complaint relate to an entity of \vhich you are or were an officer, director, counsel, employee, con~ultant or 

contractor? Ye~ No 

If''Yes," have you reported this violation to your supervisor, compliance office, whistleblower hotline, ombudsman, or any other 

available mechanism at the entity for reporting violations'! Yes No 

lf"Yes," plea~e provide detaih including the date you took the action(~). 

8 
.. R . d (b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : &?R/h)l?)/A) ff'.FA) 

6. Have you taken any olh.::r action regarding your complaint'J Yes 

If ''Yes," please provide details. 

7. Provide anv additional information that 'OU think mav be relevant. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

9 
.b)(3)7USC CONFIDENTIAL Submission Received: (b)(3) 7 USC TCR Number. ""'h"""", rr c: ", ~')C:fh\f')\f/\\ f(""C:/\\ 

F. WHISTLEBLOWER ELIGIBILITY REQUIREMENTS AND OTHER INFORMATION 

1. Arc you currently, or wcn:: you at the lime that you acquin::d lhc original information lhat you arc submilling to lhc CFTC. a 

mcmbcr, officer or cmploycc of: lhc CFTC; the Board of Governors of lhc Fcdcral Rcscrvc System; lhc Officc of the Complrollcr 

of lhc Currency; lhc Board of Directors or thc Fcdcral Deposit Insurance Corporation; thc Director of lhc Officc or Thrift 

Supervision; the National Credit Union Administration Board: the Securities and Exchange Commission: the Department of Justice; 

a registered entity; a registered futures association; a self-regulatory organization (as defined in 3(aJ of the Securities Exchange Act 

of 1934 ( 15 L:.S.C.78c(a))): a law enforcement organization: or a foreign regulatory authority or law enforcement organization'! 

Yes No 

2. Arc you providing this information pursuanl lo a coopcralion agrccmcnl wilh lhc CTTC or anolhcr agency or organiLation'.' 

Yes No 

3. Before you provided thi~ information, did you (or anyone representing you) receive any reque~t, inquiry or demand that relate~ 

to the suhject matter of this ~uhmi~sion (i) from the Cl-TC. (ii) in connection with an investigation, inspection or examination hy 

any registered entity, registered futures as~ociation or ~elf-regulatory organization (a~ defined in ](a) of the Securities Exchange 

Act or 1934 (15 U.S.C.78c(a))), or (iii) in connection with an invc~tigation by lhc Congrcs~, or any other federal or slalc authority? 

Yes No 

4. Are you currently a subject or target of a criminal inve~tigation, or have you heen convicted of a criminal violation, in 

connection with the information that you are submitting to the CFTC? 

Ye~ No 

5. Did you acquire the information being provided to the CFTC from any per~on de~cribed in Que~tion~ I through 4 above' 1 

Ye~ No 

6. If you answered ''Yes" to any of Questions I through 5 above, please provide details. 

10 
(b)(3)7USC .. R . d b)(3)7USC CONFIDENTIAL Sb TCR Number §2B(h)(2)(A) (CEA) u m1ss1on eceive : 26/hl/2l/Al /CEAl 

G. PRIVACY NOTICE AND WHISTLEBLOWER'S DECLARATION 

The solicitation ofthi~ information is authorized under the Commodity Exchange Act. 7 U.S. C. 1 et seq. This form may he used hy 

anyone wishing to provide the CFTC with information concerning a violation of the Commodity Exchange Act or the CFTC's 

regulations. This form and related information will he proce~~ed in the Lnited States of America, the location of the CITC. If an 

individual is ~ubmilling lhi~ information fur th.: CITC's whistk:blowcr award program pur~uanl lo Section 23 of the Commodity 

Exchange Act, the information provided will be used to enable the CFTC to determine the individual's eligibility for payment of an 

award. This information will b.:: u~cd lo invc~tigatc and pro~cculc violations of the Commodity Exchange Act and lhc CITC's 

regulations. The CFTC may di~clo~e thi~ information when required to be disclosed to a defendant or respondent in connection 

with a public procc.::ding instituted by th.: Commission. In addition, if the Commission d.::t.::nninc~ such di~closurc is ncc.::ssary or 

appropriate to accomplish the purposes of the CEA and to protect customers, the Commission may provide such information to the 

Department of Jmtice: an appropriate department or agency of the Federal Government; a state attorney general; any appropriate 

department or agency of a state; a registered entity. registered futures association, or self-regulatory organization (as defined in 

Section ](a) of the Securities Exchange Act of I 934 ( 15 L.S.C. 78c(a)); or a foreign futures authority. Tho~e entitie~ are subject to 

the same confidentiality requirements as the Commission. The Commission abo may disclose such information in accordance with 

Privacy Act of 1974 System of Records Notice~ CFTC-49, "Whi~tleblower Record<' (exempted), CFfC-10, "Investigatory 

Records" (.::xempt.::d). and CFTC-16. "Enforcem.::nl Ca~e Fik:s," (availabk on the CFTC Privacy Program web page, 

www.cftc.gov/Tran~parency/PrivacyOffice) exerci~ed in accordance with the confidentiality provi~ions in the CEA and 17 CFR 

165.4. Furnishing information on or through this form is voluntary. Ilow.::vcr, ifan individual is providing information for lhc 

whi~tleblower award program. not providing required information may re~ult in the individual not being eligible for award 

con~ideration. Also, you may choose to submit thi~ form anonymously, hut in order to receive a whistleblmver award, you v,muld 

need to be identified to select CFTC staff for a final eligibility determination. and in unusual circumstances, you may need to be 

identified puhl icly for trial. I See in~tructions for further information. I By signing thi~ Declaration, I am agreeing to the collection, 

processing, use, and disclosure of my personally identifiable information as stated herein. 

I declare under penalty of perjury under the laws of the L:nited States that the information contained herein is true, correct and 

complete to the be~t of my knowledge, information and belief. I fully under~tand that I may be ~ubject to prosecution and ineligible 

for a whistk:blowcr award if. in my submission of information, my other dealings with the Commodity Fulur.::s Trading 

Commis~ion, or my dealing~ with another authority in connection with a related action, I knowingly and willfully make any fahe, 

ficlitiou~ or frauduk:nt stat.::ments or reprc~entatiom, or use any !"ab.: writing or document knowing that the writing or document 

contains any false, fictitious or fraudulent statement or entry. 

Print Kame 

b)(3)7USC 

26(h )(2)(A) 

Check this box to agree to agree with the declaration above. 

H. COUNSEL CERTIFICATION 

11 
b)(3)7USC .. R . d(b)(3)7USC TCR Number: 26(h)(2)(A) (CEA) CONFIDENTIAL Sbu m1ss1on eceive §2B(h)(2)(A) (CEA) 

I certify that I have r.::viewed this form for compktcne~s and accuracy and that the information contained hcr.::in is lruc, correct and 

complete to the best of my knowledge, information and belief. 

I further certify that I have verified the identity of the whistleblower on whose behalf this form is being submitted by viewing the 

whistleblower's valid, unexpired government issued identification (e.g., driver's license, passport) and will retain an original, 

signed copy of this form. with Section G signed by the whistleblower. in my records. I further certify that I have obtained the 

\VhistleblO\ver's non-waivable consent to provide the Commodity Future~ Trading Commission with hi~ or her original ~igned Form 

TCR upon request in the event that the Commodity Futures Trading Commis~ion reque~t~ it due to concerns that the whistleblower 

may have knowingly and willfully made fahe. fictitious or fraudulent ~tatements or representation~, or used any fahe writing or 

document knowing that the writing or document contains any fahe. fictitious or fraudulent ~tatement or entry; and that I con~ent to 

be legally obligated to do so within ~even (7) calendar days of receiving such a reque~t from the Commodity Future~ Trading 

Commi~sion. 

Print Name or Auornc and Law Firm if Applicable 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) /h\/71/r\ 

Check thi~ hox to agree with the declaration ahove. 

I agree to the collection, proce~~ing, u~e and di~clo~ure ofmy personal information a~ stated in the Privacy Policy for 

www.cftc.gov. 

FILES UPLOADED 

You have succes~fully uploaded the following 9 files: 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

12 
TCR Number (b)(3) 7 USC .. R . d(b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive §2B(h)(2)(A) (CEA) S?R/h 11?1/A1/(;FA1 

Submission Procedures 

Questions concerning this form may be dir.::cted to Commodity Futur.::s Trading Commission, 

Whistlehlower Office, Three Lafayette Centre, 1155 2 I,, Street. :-.JW, Wa~hington, DC 20581. 

• If you arc submitting information for the CFTC's whistlcblowcr award program, you must submit your 

information u~ing this Form TCR. 

• You may submit this form electronically, through the Web portal found on the CFTC's Web site at 

http://1nrw 1rhistfeh!ower.,:ov. You may also print this form and submit it by mail lo Commodity Futures Trading 

Commis~ion, Whi~tlehlower Office, Three Lafayette Centre, I 155 2 I ~t Street, NW, Washington, DC 2058 Lor hy 

facsimile to (202) 418-5975. 

• You have the right to submit information anonymously. If you do not ~uhmit anonymou~ly, plea~e note 

that the CFrC i~ required hy law to maintain the confidentiality of any information which could rea~onahly identify 

you, and will only reveal ~uch information in limited and ~pecifically - defined circum~tances. See 7 U.S.C. 

26(h)(2); 17 CFR 165.4. However. in order to receive a whistleblower award, you will need to be identified to select 

CFTC staff for a final eligibility determination. and in unusual circumstances, you may need to b.:: identifi.::d 

publicly for trial. You should therefore provide ~ome mean~ for the Cf<TC's staff to contact you, ~uch as a telephone 

number or an email address. 

Instructions for Completing Form TCR 

General 

• All references to "you" and "your" are intended to mean the complainant. 

Section A: Tell Us About Yourself 

Que~tion~ 1-14: Please provide the following information about your~elf: 

• last name, fir~t name and middle initial: 

• complete address. including city, state and zip code: 

• telephone number and. if availabk, an alternate number where you can be reached: 

• your .:-mail addrc~~ (to facilitat.:: communications, we strongly .::ncouragc you to provide an e-mail 

addre~~, especially if you are filing anonymously); 

• your preferred method of communication: and 

•your occupation. 

13 
TCR Number: b)(3) 7 USC .. R . d(b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive ~2B(h)(2)(A) (CEA) 26/hl/21/Al /CEAl 

Section B: Your Attorney's Information 

Complete this section only if you arc n::prcscnt.::d by an allorncy in lhis mailer. 

Que~tion~ 1-10: Provide the following information about your attorney: 

• attorney's name: 

• firm name; 

• complete address. including city, state and zip code: 

• lclcphonc number and fax number; and 

•e-mail address. 

Section C: Tell Us Who You Are Complaining About 

Questions 1-2: Choose one of the following that best describes the individual's profession or the type of entity to 

which your complaint relates: 

• l"or Indi,·iduals: accountant. analyst, as~ociated per~on, attorney, auditor. broker. commodity trading 

advisor. commodity pool operator, compliance officer. employee. executing broker. executive officer or 

director, financial planner. !1oor broker, Jloor trader, trader. unknown or other (~pccify). 

• For Entities: bank. commodity pool. commodity pool operator. commodity trading advisor, futures 

commi~~ion merchant, hedge fund, introducing broker, major ~wap participant, retail foreign exchange 

dealer, swap dealer, unknown or other (~pecify). 

Que~tion~ 3-12: For each individual and/or entity. provide the following information. if known: 

• full name 

• complete addrc~~, including city, ~lalc and zip code: 

• telephone number: 

• e-mail address; and 

• internet addre~s, if applicahle. 

Que~tion 13: If you are complaining about a firm or individual that has custody or control of your inve~tment~, 

indicate if you have had difficulty contacting that entity or individual. 

Question 14: Identify if you are. or were, associated with the individual or firm you are complaining about. If 

ycs, dcscribc how you arc, or wcrc. associated with lhc individual or firm you arc complaining 

about. 

14 
b)(3)7USC .. R . d(b)(3)7USC TCR Number: ?R/h 11?1/A1/(;FA1 CONFIDENTIAL Sbu m1ss1on eceive §2B(h)(2)(A) (CEA) 

Question 15: Identify the initial form of contact between you and the person against whom you are filing this 

complaint. 

Section D: Tell Us About Your Complaint 

Que~tion 1: State the date (mm/dd/yyyy) that the alleged conduct occurred or began. 

Que~tion 2: Identify if the conduct i~ on-going. 

Question 3: Choose the option that you believe best describes the nature of your complaint. If you are alleging 

more than om:: violation, pk:asc list all that you bclicvc may apply. 

Que~tion 4: Select the type of product or instrument you are complaining ahout. 

Que~tion 5: If applicable. please name the product or in~trument. If yes, plea~e describe. 

Question 6: Identify whether you have suffered a monetary loss. If yes. please describe. 

Question 7: Identify if thc im.lividual or firm you arc complaining about acknowkdgcd thcir fault. 

Question 8: Indicate whcthcr you have taken any other action regarding your complaint, including whether you 

complained to the Cl-TC, another regulator. a law enforcement agency, or any other agency or 

organization, or initiated legal action. mediation, arbitration or any other action. 

If you answered yes. provide details. including the date on which you took the action(s) described. 

the name of the per~on or entity to whom you directed any report or complaint, and contact 

information for the per~on or entity, if known. and the complete case name. case number and 

forum of any legal action you have taken. 

Question 9: State in detail all facts pertinent to the alleged violation. Explain why you believe the facts 

dc~cribcd constitute a violation or the Commodity Exchangc Act. 

Que~tion 1 0: Describe all supporting materiah in your po~~es~ion and the availability and location of any 

additional ~upporting materials not in your posse~sion. 

Section E: Whistlchlowcr Program 

Question 1: Dcscribc how you obtained the information that ~upports your allcgations. If any information wa~ 

ohtained from an attorney or in a communication where an attorney wa~ present, identify ~uch 

information with as much particularity as po~~ihle. In addition, if any information was ohtained 

from a public source. identify the ~ource with as much particularity as po~~ible. 

15 
.. R . d(b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive ~2B(h)(2)(A) (CEA) 

Question 2: Identify any documents or other information in your submission on this Form TCR that you 

bclicn:: could reasonably be cxpcctcd to reveal your idcnlity. Explain the basi~ for your bclid that 

your identity would he revealed if the documents or information were di~clo~ed to a third party. 

Que~tion 3: State whether you or your attorney have had any prior communication(~) with the CFTC 

concerning thi~ matter. 

If you answered "yes", identify the CFTC staff member(s) with whom you or your attorney 

communicated. 

Que~tion 4: Indicate \','hether you or your attorney have provided the information you are providing to the 

CFTC to any other agency or organization. or whether any other agency or organization has 

requested the information or related information from you. 

Ir you answcrcd ''yes", provide details and the namc and contact information or the point of 

contact al the other agency or organiLation, if known. 

Que~tion 5: Indicate \','hether your complaint relate~ to an entity of which you are, or \','ere in the past, an 

officer, director. counsel, employee. con~ultant or contractor. 

If you answered "yes". state whether you have reported this violation to your supervisor. 

compliance office, whi~tlehlower hotline, omhud~man, or any other availahle mechani~m at the 

entity for reporting violation~. Plea~e provide details, including the date on which you took the 

action. 

Question 6: Indicate whether you have taken any other action regarding your complaint. including whether you 

complained to the CFfC. anothcr regulator, a law cnforccmcnt agency. or any other agency or 

organization, or initiated legal action, mediation, arhitration or any other action. 

If you an~wered "yes", provide detaih. including the date on which you took the action(sJ 

described, the name of the person or entity to whom you directed any report or complaint, and 

contact information !"or the person or entity, if known, and the complete ca~c namc, case numbcr 

and forum of any legal action you have taken. 

Que~tion7: Provide any additional information you think may he relevant. 

Section F: Whistleblower Eligihilit~, Requirements and Other Information 

16 
CONFIDENTIAL .. R . d b)(3)7USC Sbu m1ss1on eceive : 26(h)(2)(A) (CEA) 

Question 1: 

Question 2: 

State whether you are currently, or were at the time that you acquired the original 

information that you are submitting to the CFTC, a member, officer or employee of: The 

CFTC; the Board of Governors of the Federal Reserve System; the Office of the 

Comptroller of the Currency; the Board of Directors of the Federal Deposit Insurance 

Corporation; the Director of the Office of Thrift Supervision; the National Credit Union 

Administration Board; the Securities and Exchange Commission; the Department of 

Justice; a registered entity; a registered futures association; a self-regulatory organization 

(as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); a law 

enforcement organization; or a foreign regulatory authority or law enforcement 

organization. 

State whether you are providing the information pursuant to a cooperation agreement 

with the CFTC or with another agency or organization. 

Question 3: State whether you are providing this information before you (or anyone representing you) 

received any request, inquiry or demand that relates to the subject matter of this 

submission (i) from the CFTC, (ii) in connection with an investigation, inspection or 

examination by any registered entity, registered futures association or self-regulatory 

organization (as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 

78c(a)), or (iii) in connection with an investigation by the Congress, or any other federal 

or state authority. 

Question 4: State whether you are currently a subject or target of a criminal investigation, or whether 

you have been convicted of a criminal violation, in connection with the information you 

are submitting to the CFTC. 

Question 5: State whether you acquired the information you are providing to the CFTC from any 

individual described in Questions 1 through 4 of this section. 

Question 6: If you answered "Yes" to any Questions 1 through 5, please provide details. 

Section G: Privacy Notice and Whistleblower's Declaration 

17 
TCR Number: (b)(3) 7 USC .. R . d(b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive §2B(h)(2)(A) (CEA) &?R/h1/?1/A1 W.FA1 

You must sign this Declaration if you are submitting this information pursuant to the CFTC 

whistleblower program and wish to be considered for an award. If you are submitting your information 

using the electronic version of Form TCR through the CFTC's web portal, you must check the box to 

agree with the declaration. If you are submitting your information anonymously, you must still sign this 

Declaration (using the term "anonymous") or check the box as appropriate, and, if you are represented 

by an attorney, you must provide your attorney with the original of this signed form, or maintain a copy for 

your own records. 

Section H: Counsel Certification 

If you are submitting this information pursuant to the CFTC whistleblower program and you are doing 

so anonymously through an attorney, your attorney must sign the Counsel Certification Section. If your 

attorney is submitting your information using the electronic version of Form TCR through the CFTC's web 

portal, he/she must check the box to agree with the certification. If you are represented in this matter but 

you are not submitting your information pursuant to the CFTC whistleblower program, your attorney does 

not need to sign this Certification or check the box. 

18 
TCR Number: (b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(J) 7 USC &?R/h1/?1/A1 ~')"fh\f')\fA\ fr"'C:A\

UNITED STATES 0MB APPROVAL 

COMMODITY FUTURES TRADING COMMISSION 

0MB Kumbcr: 3038-0082 Washington, DC 20581 

FORMTCR 

TIP, COMPLAINT OR REFERRAL 

See attached Suhmissio11 Procedures and Completion lnstr11ctio11s Be!mr. 

A. TELL US ABOUT YOURSELF 

COMPLAINANT 1: 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 
TCR Number: (b)(3) 7 USC .. R . d(b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive S?R/h)/?)/A) /(;FA) &?R/h1/?1/A1 W.FA1 

B. YOUR ATTORNEY'S INFORMATION (If Applicable - See Instructions) 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2 
TCR Number: (b)(3) 7 USC .. R . d (b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : E;2B/hl/2l/Al /CEAl ~')"fh\f')\fA\ fr"'C:A\ 

C. TELL US WHO YOU ARE COMPLAINING ABOUT 

INDIVIDUAL/ ENTITY 1: 

I. Type: lm.lividual Entity 2. Ir an individual. spccify profession. If an entity, specify type. 

Cryptocurrcncy exchange 

3. :-.Jame 

Paywanl, Inc. d/b/a Kraken 

4. Street Address 5. Apartment/Unit# 

237 Kearny Street Suite 102 

6. City 7. State/Province 8. ZIP/Po~tal Code 9. Country 

San Francisco California 94108 Cnited State~ 

10. Telephone 11. E-mail Addre~~ 12. Internet Addre~~ 

+I 9162674413 http://www. Kraken .com/en -u ~ 

13. If you are complaining about a firm or individual th.it has custody or control of your investments, have you had difficulty 

contacting that entity or individual'! Yes l\'"o Unknown 

14. Are you, or were you, associated with the individual or firm when the alleged conduct occuJTed? 

Yes No Unknown 

If es, describe how 'OU are, or were, associated with the individual or firm you are complaining about'! 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

15. What was the initial form or contact between you and the per~on agaimt whom you arc filing this complaint'J 

Other 

If other, lease describe: 

(b)(3)7USC 

3 
CONFIDENTIAL Submission Received: (b)(3) 7 USC 

&?R/h1/?1/A1 ff'.FA1 

D. TELL US ABOUT YOUR COMPLAINT 

1. Occurrence Dal.: (mm/dd//yyyy): 2. h th.: conduct on-going? 

01/01/2011 Yes l\"o Don"t Know 

3. Please ~elect the option(s) that hest de~crihes your complaint. 

Fraudulent representations that persuaded you to trade futures. options, swaps, forex. retail commodity. or leveraged 

transactions 

Some type of cheating or fraud that occurred after you had depo~ited funds to trade future~. options, swaps, forex. retail 

commodity, or leveraged tran~action~ (for example, if ~omeone u~ed the funds you depo~ited to pay off ~omeone else or you have 

asked for the return of your funds and have been refused). 

Someone or som.:: firm that should be rcgi~tcrcd und.::r the Commodity Exchange Act, but is not. 

Disruptive or manipulative trading activity in the future~, option~ or swap~ market~. 

The trading of futures options, or swaps based upon confidential information by someone not allowed to use such information. 

Complaint does not fit into any of the ahove-described categories 

If your complaint does not fit into any of the above-described categories please describe below. 

4. Sd.::ct the type of product/instrument: 

A futur.::s contract. including a single stock futures contract, a narrow bas.::d or broad bas.::d ~ccurity future contract. 

An option on a futures contract, an option on a commodity. BUT :-,./OT an option on a security or a basket of securities. 

A swap. including a mixed swap BUT :-,./OT a swap based on a single security or based on a narrow (i.e .. nine or less) index of 

securities. 

A ca~h (or physical) contract traded in inter~tate commerce. 

A foreign currency transaction. 

If a foreign currency transaction: 

o Are you an individual that trades or inve~t~ more than S10,000,000 on a di~cretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than $5,000,000 and enter~ into the foreign currency agreement 

to manage the ri~k associated with some other a~set or liability? 

Yes No 

4 
.(b)(3)7USC CONFIDENTIAL Submission Received (b)(3) 7 USC TCR Number. S26/hl/2l/Al /CEAl ~')C:fh\f')\f/\\ f(""C:/\\ 

A commodity tramaction .::nlcr.::d into or offrred on a lcv.::raged or margined basis. or financed by the offeror. th.: count.::rparly, 

or someone acting in concert with the offeror or counterparty. 

If yes: 

o Are you an individual that trades or invests more than $10,000.000 on a discretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than 55.000,000 and enter~ into the foreign currency agreement 

to manage the ri~k associated with some other a~set or liability'.' 

Ye~ No 

Other 

If other, lea~e describe: 

b)(3)7USC 

5. If a licable what is the name of product/investment? 

(b)(3)7USC 

S?R/h1/?1/A1 /(;FA1 /h1/R1 

6. Have you suffered a monetary loss? Yes 

If yes. describe bow mucb. 

7. Has the individual or firm who engaged in the conduct acknowledged their fault? Yes No 

8. Ilave you or anyone else taken any action against the firm or person who engag.::d in the alkged conduct? Nu 

If yes. ~elect the appropriate category: 

Prior complaint to tbe Cl-TC. 

Complaint lo anuth.::r regulator. 

A stale or fcd.::ral criminal law .::nfurc.::ment .::nlily. 

A legal action filed agaiml lh.:: p.::rson or firm in a court of law. 

Additional cummenb ba~ed on above sd.::ction (e.2: .. Who. When. Contact, Tu whom made. Case Numb.::r, Court). 

l(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) I 

5 
TCR Number: (b)(3) 7 USC CONFIDENTIAL Submission Received (b)(J) 7 USC ~')"fh\f')\fA\ &?R/h1/?1/A1 ff'.FA1 

9. State in (ktail all facts pertinent to lb.: alkg.::d violation. Explain why you bdicve lb.: facb de~cribed constitut.:: a violation of 

the Commodity Exchange Act. 

l(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

10. D.::scribe all supporting materials in your poss.::ssion and lhe availability and location or any additional supporting materials not 

m your o~~.::ss10n. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

6 
TCR Number (b)(3) 7 USC .. R . d b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : 26(h)(2)(A) (CEA) (b)(B) &?R/h1/?1/A1 W.FA1 

E. WHISTLEBLOWER PROGRAM 

1. Describe how and from whom you obtained the information that support~ your allegations. If any information wa~ obtained 

from an attorney or in a communication where an attorney wa~ present. identify ~uch information with as much particularity a~ 

po~~ihle. In addition, if any information wa~ ohtained from a puhlic source, identify the source with a~ much particularity as 

no~~ihle. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2. Identify with particularity any document~ or other information in your ~ubmis~ion that you believe could reasonably be 

expected to reveal your identity and explain the ba~is for your belief that your identity would be revealed if the document~ or 

information were di~closed to a third art ' 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

3. Have you or your attorney had any prior communicntion(s) with the CFTC concerning this matter? Yes Ko 

lf"Yes," please identify the CFTC staff member(s) \Vith whom you or your attorney communicated: 

4. Have you or your attorney provided the information to any other agency or organization. or ha~ any other agency or 

organization reque~ted the information or related information from you'! Yes l\o 

lf"Ycs_" lease rovidc details. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

lf "Y cs," please provide the name and contact information of the point of contact at the other agency or organization, if known. 

5. Does thi~ complaint relate to an entity of which you are or were an officer, director, coun~el, employee, con~ultant or 

contractor? Ye~ No 

If''Yes," have you reported this violation to your supervisor, compliance office, whistleblower hotline, ombudsman, or any other 

available mechanism at the entity for reporting violations'! Yes No 

lf"Yes," plea~e provide detaih including the date you took the action(~). 

7 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received (b)(J) 7 USC ?R/h1/?1/A1 W.FA1 ~')C:fh\f')\f/\\ tr Fl\\ 

6. Have you taken any olh.::r action regarding your complaint'J Yes 

If ''Yes," please provide details. 

7. Provide any additional information that you think may be relevant. 

l(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

8 
TCR Number: (b)(3) 7 USC .. R . d b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : 26(h)(2)(A) (CEA) &?R/h1/?1/A1 W.FA1 

F. WHISTLEBLOWER ELIGIBILITY REQUIREMENTS AND OTHER INFORMATION 

1. Arc you currently, or w.::n: you at the lime that you acquired lhc original informalion thal you arc submitting lo the CFTC, a 

mcmb.::r, officer or .::mploycc of: lhc CFTC; the Board of Governors of the Fcd.::ral R.::scrv.:: Syslcm; lb.: Office of lhc Complrullcr 

of lhc Currency; lhe Board of Directors of th.: F.::deral Deposil Insurance Corporation; lhe Dir.::clor of lhe Office of Thrift 

Supervision; the National Credit Union Administration Board: the Securities and Exchange Commission; the Department of Justice; 

a registered entity; a registered futures association; a self-regulatory organization (as defined in 3(aJ of the Securities Exchange Act 

of 1934 ( 15 L:.S.C.78c(a))); a law enforcement organization: or a foreign regulatory authority or law enforcement organization'! 

Yes No 

2. Arc you providing this information pursuanl lo a coop.::ralion agrcem.::nl wilh lb.: CTTC or anolher agency or organiLation'.' 

Yes No 

3. Before you provided thi~ information, did you (or anyone representing you) receive any reque~t, inquiry or demand that relate~ 

to the suhject matter of this ~uhmi~sion (i) from the CITC. (ii) in connection with an investigation, inspection or examination hy 

any registered entity, registered futures as~ociation or ~elf-regulatory organization (a~ defined in ](a) of the Securities Exchange 

Act of 1934 (15 U.S.C.78c(a))), or (iii) in connection wilh an invc~tigation by lhe Congrcs~, or any other federal or slalc authority? 

Yes No 

4. Are you currently a subject or target of a criminal inve~tigation, or have you heen convicted of a criminal violation, in 

connection with the information that you are submitting to the CFTC? 

Ye~ No 

5. Did you acquire the information being provided to the CFTC from any per~on de~cribed in Que~tion~ I through 4 above' 1 

Ye~ No 

6. If you answered ''Yes" to any of Questions I through 5 above, please provide details. 

9 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received: (b)(J) 7 USC ')"fh\f')\fA\ fr"'C:A\ S?R/h 11?1/A1/(;FA1 

G. PRIVACY NOTICE AND WHISTLEBLOWER'S DECLARATION 

The solicitation ofthi~ information is authorized under the Commodity Exchange Act. 7 L.S. C. 1 et seq. This form may he used hy 

anyone wishing to provide the CFTC with information concerning a violation of the Commodity Exchange Act or the CFTC's 

regulations. This form and related information will he proce~~ed in the Lnited States of America, the location of the Cl-TC. If an 

individual is ~ubmilling lhi~ information fur th.: CITC's whistk:blowcr award program pur~uanl lo Section 23 of the Commodity 

Exchange Act, the information provided will be used to enable the CFTC to determine the individual's eligibility for payment of an 

award. This information will b.:: u~cd lo invc~tigatc and pro~cculc violations of lhc Commodity Exchange Act and lhc CITC's 

regulations. The CFTC may di~clo~e thi~ information when required to be disclosed to a defendant or respondent in connection 

wilh a public procc.::ding inslitulcd by th.: Commission. In addition, if the Commission d.::t.::nninc~ such di~closurc is ncc.::ssary or 

appropriate to accomplish the purposes of the CEA and to protect customers, the Commission may provide such information to the 

Department of Jmtice: an appropriate department or agency of the Federal Government; a state attorney general; any appropriate 

department or agency of a state; a registered entity. registered futures association, or self-regulatory organization (as defined in 

Section ](a) of the Securities Exchange Act of I 934 ( 15 L.S.C. 78c(a)); or a foreign futures authority. Tho~e entitie~ are subject to 

the same confidentiality requirements as the Commission. The Commission abo may disclose such information in accordance with 

Privacy Act of 1974 System of Records Notice~ CFTC-49, "Whi~tleblower Record<' (exempted), CFfC-10, "Investigatory 

Records" (.::xcmpt.::d). and CFTC-16. "Enforccm.::nl Ca~c Fik:s," (availabk on lhc CFTC Privacy Program web page, 

www.cftc.gov/Tran~parency/PrivacyOffice) exerci~ed in accordance with the confidentiality provi~ions in the CEA and 17 CFR 

165.4. Furnishing information on or through lhis form is volunlary. Ilow.::vcr, i!"an individual is providing in!"ormalion for lhc 

whi~tleblower award program. not providing required information may re~ult in the individual not being eligible for award 

con~ideration. Also, you may choose to submit thi~ form anonymously, hut in order to receive a whistleblmver award, you v,muld 

need to be identified to select CFTC staff for a final eligibility determination. and in unusual circumstances, you may need to be 

identified puhl icly for trial. I See in~tructions for further information. I By signing thi~ Declaration, I am agreeing to the collection, 

processing, use, and disclosure of my personally identifiable information as stated herein. 

I declare under penalty of perjury under the laws of the L:nited States that the information contained herein is true, correct and 

complete to the be~t of my knowledge, information and belief. I fully under~tand that I may be ~ubject to prosecution and ineligible 

!"or a whistk:blowcr award if. in my submission of information, my other dealings with lhc Commodity Fulur.::s Trading 

Commis~ion, or my dealing~ with another authority in connection with a related action, I knowingly and willfully make any fahe, 

!"iclitiou~ or frauduk:nt stat.::mcnts or rcprc~cntatiom, or use any !"ab.: writing or documcnl knowing that the wriling or document 

contains any false, fictitious or fraudulent statement or entry. 

Print l\'"ame 

b)(3)7USC 

26(h)(2)(A) (CEA) 

Check this box to agree to agree with the declaration above. 

H. COUNSEL CERTIFICATION 

10 
TCR Number: (b)(3) 7 USC CONFIDENTIAL Submission Received: b)(3) 7 USC ~')"fh\f')\fA\ ')"fh\f')\fA\ fr"'C:A\ fr"'C:A\ 

I certify that I have r.::viewed this form for compktcne~s and accuracy and that the information contained hcr.::in is lruc, correct and 

complete to the best of my knowledge, information and belief. 

I further certify that I have verified the identity of the whistleblower on whose behalf this form is being submitted by viewing the 

whistleblower's valid, unexpired government issued identification (e.g., driver's license, passport) and will retain an original, 

signed copy of this form. with Section G signed by the whistleblower. in my records. I further certify that I have obtained the 

\VhistleblO\ver's non-waivable consent to provide the Commodity Future~ Trading Commission with hi~ or her original ~igned Form 

TCR upon request in the event that the Commodity Futures Trading Commis~ion reque~t~ it due to concerns that the whistleblower 

may have knowingly and willfully made fahe. fictitious or fraudulent ~tatements or representation~, or used any fahe writing or 

document knowing that the writing or document contains any fahe. fictitious or fraudulent ~tatement or entry; and that I con~ent to 

be legally obligated to do so within ~even (7) calendar days of receiving such a reque~t from the Commodity Future~ Trading 

Commi~sion. 

Date 

KbJEl !,~~,~,c I 

I agree to the collection. proce~~ing, u~e and di~clo~ure of my personal information a~ stated in the Privacy Policy for 

www.cftc.gov. 

FILES UPLOADED 

You have succes~fully uploaded the following I file: 

l(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

11 
(b)(3)7USC .. R . d b)(3)7USC TCR Number: S?R/h )/?)/A 1 CONFIDENTIAL Sbu m1ss1on eceive : ?Rlh\l?\IA\ W.FA\ 

Submission Procedures 

Questions concerning this form may be dir.::cted to Commodity Futur.::s Trading Commission, 

Whistlehlower Office, Three Lafayette Centre, 1155 2 I,, Street. :-.JW, Wa~hington, DC 20581. 

• If you arc submitting information for the CFTC's whistlcblowcr award program, you must submit your 

information u~ing this Form TCR. 

• You may submit this form electronically, through the Web portal found on the CFTC's Web site at 

http://1nn1.1rhistfeh!ower.xov. You may also print this form and submit it by mail lo Commodity Futures Trading 

Commis~ion, Whi~tlehlower Office, Three Lafayette Centre, I 155 2 I ~t Street, NW, Washington, DC 2058 Lor hy 

facsimile to (202) 418-5975. 

• You have the right to submit information anonymously. If you do not ~uhmit anonymou~ly, plea~e note 

that the CFrC i~ required hy law to maintain the confidentiality of any information which could rea~onahly identify 

you, and will only reveal ~uch information in limited and ~pecifically - defined circum~tances. See 7 U.S.C. 

26(h)(2); 17 CFR 165.4. However. in order to receive a whistleblower award, you will need to be identified to select 

CFTC staff for a final eligibility determination. and in unusual circumstances, you may need to b.:: identifi.::d 

publicly for trial. You should therefore provide ~ome mean~ for the Cf<TC's staff to contact you, ~uch as a telephone 

number or an email address. 

Instructions for Completing Form TCR 

General 

• All references to "you" and "your" are intended to mean the complainant. 

Section A: Tell Us About Yourself 

Que~tion~ 1-14: Please provide the following information about your~elf: 

• last name, fir~t name and middle initial: 

• complete address. including city, state and zip code: 

• telephone number and. if available. an altcrnat.:: numb.::r wh.::re you can be r.::ach.::d; 

• your .:-mail addrc~~ (to facilitat.:: communications, we strongly .::ncouragc you to provide an e-mail 

addre~~, especially if you are filing anonymously); 

• your preferred method of communication: and 

•your occupation. 

12 
CONFIDENTIAL Submission Received (b)(3) 7 USC &?R/h1/?1/A1 W.FA1 

Section B: Your Attorney's Information 

Complete this section only if you arc rcprcscnt.::d by an allorncy in lhis mailer. 

Que~tion~ 1-10: Provide the following information about your attorney: 

• attorney's name; 

• firm name; 

• complete address. including city, state and zip code: 

• lclcphonc number and fax number; and 

•e-mail address. 

Section C: Tell Us Who You Are Complaining About 

Questions 1-2: Choose one of the following that best describes the individual's profession or the type of entity to 

which your complaint relates: 

• l"or Indi,·iduals: accountant, analyst, as~ociated per~on, attorney, auditor, broker, commodity trading 

advisor. commodity pool operator, compliance officer. employee. executing broker. executive officer or 

director, financial planner. !1oor brok.::r, Jloor trader, trader. unknown or olhcr (~pccify). 

• For Entities: bank. commodity pool, commodity pool operator, commodity trading advisor, futures 

commi~~ion merchant, hedge fund, introducing hroker, major s\vap participant, retail foreign exchange 

dealer, swap dealer, unknown or other (~pecify). 

Que~tion~ 3-12: For each individual and/or entity, provide the following information, if known: 

• full name 

• complete addrc~~, including city, ~lalc and zip code; 

• telephone number: 

• e-mail address; and 

• internet addre~s, if applicahle. 

Que~tion 13: If you are complaining about a firm or individual that has custody or control of your inve~tment~, 

indicate if you have had difficulty contacting that entity or individual. 

Question 14: Identify if you are, or were, associated with the individual or firm you are complaining about. If 

y.::s, dcscrib.:: how you ar.::, or w.::rc. associated with lb.: individual or firm you arc complaining 

about. 

13 
b)(3)7USC .. R . d(b)(3)7USC TCR Number: ?Rlh 11?1/A1WFA1 CONFIDENTIAL Sbu m1ss1on eceive ~""'h""""' ,re:/\\ th\fC:\ 

Question 15: Identify the initial form of contact between you and the person against whom you are filing this 

complaint. 

Section D: Tell Us About Your Complaint 

Que~tion 1: State the date (mm/dd/yyyy) that the alleged conduct occurred or began. 

Que~tion 2: Identify if the conduct i~ on-going. 

Question 3: Choose the option that you believe best describes the nature of your complaint. If you are alleging 

more than om:: violation, pk:asc list all that you bclicvc may apply. 

Que~tion 4: Select the type of product or instrument you are complaining ahout. 

Que~tion 5: If applicable, please name the product or in~trument. If yes, plea~e describe. 

Question 6: Identify whether you have suffered a monetary loss. If yes. please describe. 

Question 7: Identify if thc im.lividual or firm you arc complaining about acknowk:dged their fault. 

Question 8: Indicate whethcr you have taken any other action regarding your complaint, including whether you 

complained to the Cl-TC, another regulator, a law enforcement agency, or any other agency or 

organization, or initiated legal action, mediation. arbitration or any other action. 

If you answered yes, provide details. including the date on which you took the action(s) described. 

the name of the per~on or entity to vdmm you directed any report or complaint, and contact 

information for the per~on or entity, if known, and the complete ca~e name, case number and 

forum of any legal action you have taken. 

Question 9: State in detail all facts pertinent to the alleged violation. Explain why you believe the facts 

dc~cribcd constitute a violation of the Commodity Exchange Act. 

Que~tion 1 0: Describe all supporting materiah in your po~~es~ion and the availability and location of any 

additional ~upporting materials not in your posse~sion. 

Section E: Whistlchlowcr Program 

Question 1: Dcscribe how you obtained the information that ~upports your allcgations. If any information wa~ 

ohtained from an attorney or in a communication where an attorney wa~ present, identify ~uch 

information with as much particularity as po~~ihle. In addition, if any information was obtained 

from a public source. identify the ~ource with as much particularity as po~~ible. 

14 
CONFIDENTIAL Submission Received: b)(3) 7 USC 

?R/h1/?1/A1 ff'.FA1 

Question 2: Identify any documents or other information in your submission on this Form TCR that you 

bclicn:: could reasonably be expected lo n::vcal your idcnlily. Explain the basis for your belief that 

your identity would he revealed if the documents or information were di~clo~ed to a third party. 

Que~tion 3: State whether you or your attorney have had any prior communication(~) with the CFfC 

concerning thi~ matter. 

If you answered "yes", identify the CFTC staff member(s) with whom you or your attorney 

communicated. 

Que~tion 4: Indicate \','hether you or your attorney have provided the information you are providing to the 

CFTC to any other agency or organization. or whether any other agency or organization ha~ 

requested the information or related information from you. 

Ir you answcrcd '"yes". provide details and the namc and contact information of the point of 

contact al lhc olhcr agency or organization. if known. 

Que~tion 5: Indicate \','hether your complaint relate~ to an entity of which you are, or \','ere in the past, an 

officer, director. counsel, employee. con~ultant or contractor. 

If you answered '"yes", state whether you have reported this violation to your supervisor, 

compliance office, whi~tlehlower hotline. omhud~man. or any other available mechani~m at the 

entity for reporting violation~. Plea~e provide details. including the date on which you took the 

action. 

Question 6: Indicate whether you have taken any other action regarding your complaint. including whether you 

complained to lhe CFfC. anolhcr rcgulalor, a law cnforcemcnl agency. or any other agency or 

organization, or initiated legal action. mediation, arbitration or any other action. 

If you an~wered '"yes", provide detaih. including the date on which you took the action(sJ 

described, the name of the person or entity to whom you directed any report or complaint, and 

contact information fur the person or cnlity. if known, and the complclc case name. casc number 

and forum of any legal action you have taken. 

Que~tion7: Provide any additional information you think may he relevant. 

Section F: Whistleblower Eligihilit~, Requirements and Other Information 

15 
TCR Number: b)(3) 7 USC .. R . d(b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive ~2B(h)(2)(A) (CEA) ?R/h1/?1/A1 W.FA1 

Question 1: 

Question 2: 

State whether you are currently, or were at the time that you acquired the original 

information that you are submitting to the CFTC, a member, officer or employee of: The 

CFTC; the Board of Governors of the Federal Reserve System; the Office of the 

Comptroller of the Currency; the Board of Directors of the Federal Deposit Insurance 

Corporation; the Director of the Office of Thrift Supervision; the National Credit Union 

Administration Board; the Securities and Exchange Commission; the Department of 

Justice; a registered entity; a registered futures association; a self-regulatory organization 

(as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); a law 

enforcement organization; or a foreign regulatory authority or law enforcement 

organization. 

State whether you are providing the information pursuant to a cooperation agreement 

with the CFTC or with another agency or organization. 

Question 3: State whether you are providing this information before you (or anyone representing you) 

received any request, inquiry or demand that relates to the subject matter of this 

submission (i) from the CFTC, (ii) in connection with an investigation, inspection or 

examination by any registered entity, registered futures association or self-regulatory 

organization (as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 

78c(a)), or (iii) in connection with an investigation by the Congress, or any other federal 

or state authority. 

Question 4: State whether you are currently a subject or target of a criminal investigation, or whether 

you have been convicted of a criminal violation, in connection with the information you 

are submitting to the CFTC. 

Question 5: State whether you acquired the information you are providing to the CFTC from any 

individual described in Questions 1 through 4 of this section. 

Question 6: If you answered "Yes" to any Questions 1 through 5, please provide details. 

Section G: Privacy Notice and Whistleblower's Declaration 

16 
{b)(3)7USC I CONFIDENTIAL Submission Received: b)(J) 7 USC TCR Number. 2S/bll2J/Al ICE~ ?R/h 11?1/A1/(;FA1 

You must sign this Declaration if you are submitting this information pursuant to the CFTC 

whistleblower program and wish to be considered for an award. If you are submitting your information 

using the electronic version of Form TCR through the CFTC's web portal, you must check the box to 

agree with the declaration. If you are submitting your information anonymously, you must still sign this 

Declaration (using the term "anonymous") or check the box as appropriate, and, if you are represented 

by an attorney, you must provide your attorney with the original of this signed form, or maintain a copy for 

your own records. 

Section H: Counsel Certification 

If you are submitting this information pursuant to the CFTC whistleblower program and you are doing 

so anonymously through an attorney, your attorney must sign the Counsel Certification Section. If your 

attorney is submitting your information using the electronic version of Form TCR through the CFTC's web 

portal, he/she must check the box to agree with the certification. If you are represented in this matter but 

you are not submitting your information pursuant to the CFTC whistleblower program, your attorney does 

not need to sign this Certification or check the box. 

17 
TCR Number (b)(3) 7 USC .. R . d b)(3)7USC ~')C:fh\f')\f/\\ CONFIDENTIAL Sbu m1ss1on eceive : ?R/h)/?)/A) /(;FA) f('C:/\\ 

UNITED STATES 

COMMODITY FUTURES TRADING COMMISSION 

Washington, DC 20581 

0MB APPROVAL 

0MB Kumbcr: 3038-0082 

FORMTCR 

TIP, COMPLAINT OR REFERRAL 

See attached Suhmissio11 Procedures and Completion lnstr11ctio11s Be!mr. 

A. TELL US ABOUT YOURSELF 

COMPLAINANT 1: 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 
b)(3)7USC .. R . d b)(3)7USC TCR Number: ?R/h 11?1/A1/(;FA1 CONFIDENTIAL Sbu m1ss1on eceive : 26(h)(2)(A) (CEA) 

B. YOUR ATTORNEY'S INFORMATION (If Applicable - See Instructions) 

1. /\.ltomcy's Name 

2. Firm Kame 

3. Street Addre~~ 

4. City 5. State/Province 6. ZIPIPo~tal Code 7. Country 

8. Telephone 9. Fax 10. E-mail Address 

2 
TCR Number (b)(3) 7 USC .. R . d b)(3)7USC

S?R/h 11?1/A1/(;FA1 CONFIDENTIAL Sbu m1ss1on eceive : 26/hl/2)/Al (CEA) 

C. TELL US WHO YOU ARE COMPLAINING ABOUT 

INDIVIDUAL/ ENTITY 1: 

I. Type: lm.lividual Entity 2. Ir an individual. spccify profession. If an entity, specify type. 

Cryptocurrcncy exchange 

3. :-.Jame 

Paywanl Inc. OBA Kraken 

4. Street Address 5. Apartment/Unit# 

237 Kearny St #102, San Francisco 102 

6. City 7. State/Province 8. ZIP/Po~tal Code 9. Country 

San Francisco CA 94108 CSA 

10. Telephone 11. E-mail Addre~~ 12. Internet Addre~~ 

+I (916) 267-4413 Support@kraken.com Kraken.com 

13. If you are complaining about a firm or individual th.it has custody or control of your investments, have you had difficulty 

contacting that entity or individual'! Yes l\'"o Unknown 

14. Are you, or were you, associated with the individual or firm when the alleged conduct occurred? 

Yes No Unknown 

If yes, describe how you are, or were, associated with the individual or firm you are complaining about'! 

fbl!3l7 I 

15. What was the initial form or contact between you and the per~on agaimt whom you arc filing this complaint'J 

i(bli3l7 I 

If other, please describe: 

3 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received (b)(J) 7 USC ?R/h1/?1/A1 W.FA1 ~')C:fh\f')\f/\\ tr Fl\\ 

D. TELL US ABOUT YOUR COMPLAINT 

1. Occurrence Dal.: (mm/dd//yyyy): 2. h th.: conduct on-going? 

05/09/2020 Yes l\"o Don"t Know 

3. Please ~elect the option(s) that hest de~crihes your complaint. 

Fraudulent representations that persuaded you to trade futures. options, swaps, forex. retail commodity. or leveraged 

transactions 

Some type of cheating or fraud that occurred after you had deposited funds to trade future~, options. swap~. forex, retail 

commodity, or leveraged tran~action~ (for example, if ~omeone u~ed the funds you depo~ited to pay off ~omeone else or you have 

asked for the return of your funds and have been refused). 

Someone or som.:: firm that should be rcgi~tcrcd und.::r the Commodity Exchange Act, but is not. 

Disruptive or manipulative trading activity in the future~, option~ or swap~ market~. 

The trading of futures options, or swaps based upon confidential information by someone not allowed to use such information. 

Complaint does not fit into any of the ahove-described categories 

If your complaint does not fit into any of the above-described categories please describe below. 

4. Sd.::ct the type of product/instrument: 

A futur.::s contract. including a singk: stock futures contract, a narrow bas.::d or broad bas.::d ~ccurity future contract. 

An option on a futures contract, an option on a commodity. BUT :-,./OT an option on a security or a basket of securities. 

A swap. including a mixed swap BUT :-,./OT a swap based on a single security or based on a narrow (i.e .. nine or less) index of 

securities. 

A ca~h (or physical) contract traded in inter~tate commerce. 

A foreign currency transaction. 

If a foreign currency tran~action: 

o Are you an individual that trades or inve~t~ more than S10,000,000 on a di~cretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than SS.000,000 and enter~ into the foreign currency agreement 

to manage the ri~k a~~ociated with some other as~et or liability? 

Yes No 

4 
(b)(3)7USC .. R . d[b)(3)7USC TCR Number ~""'h """A, ""' c: A, CONFIDENTIAL Sbu m1ss1on eceive : 2S/bll2J/Al ICE Al 

A commodity tramaction .::nlcr.::d into or offrred on a lcv.::raged or margined basis. or financed by the offeror. th.: count.::rparly, 

or someone acting in concert with the offeror or counterparty. 

If yes: 

o Are you an individual that trades or invests more than S 10.000.000 on a discretionary basis? 

Ye~ No 

o Are you an individual that trades or inve~t~ more than 55.000,000 and enter~ into the foreign currency agreement 

to manage the ri~k associated with some other a~set or liability'.' 

Ye~ No 

Other 

If other, plea~e describe: 

5. If a licable. what is the name of product/investment? 

b)(3)7USC 

26(h)(2)(A) (CEA) 

6. Have you suffered a monetary loss? Yes 

If ·es. describe bow mucb. 

(b)(3) 7 

7. Has the individual or firm who engaged in the conduct acknowledged their fault? Yes No 

8. Ilave you or anyone else taken any action against the firm or person who engag.::d in the alkged conduct? Nu 

If yes. ~elect the appropriate category: 

Prior complaint to tbe Cl-TC. 

Complaint lo anuth.::r regulator. 

A stale or fcd.::ral criminal law .::nfurc.::ment .::nlily. 

A legal action filed agaiml lh.:: p.::rson or firm in a court of law. 

Additional cummenb ba~ed on above sd.::ction le.2: .. Who. When. Contact Tu whom made. Case Numb.::r Court). 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

5 
TCR Number: (b)(3) 7 USC CONFIDENTIAL Submission Received (b)(J) 7 USC ~')"fh\f')\fA\ fr"'C:A\ ~')"fh\f')\fA\ trC:A\ 

9. State in (ktail all facts pcrtincnl lo the alleged violation. Explain why you bdicve the facts dcscribed conslitutc a violation of 

the Commoditv Exchan>'e Act. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

10. Descnbe all supp01tmg matenals m your possess10n and the a\·ailab1l!ty and locatton of any add1t10nal supportmg mate11als not 

m your possesston. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

6 
.b)(3)7USC CONFIDENTIAL Submission Received: (b)(3) 7 USC TCR Number. ""'h"""", rr c: ", &?R/h1/?1/A1 ff'.FA1 

E. WHISTLEBLOWER PROGRAM 

1. Describe how and from whom you obtained the information that support~ your allegations. If any information wa~ obtained 

from an attorney or in a communication where an attorney wa~ present. identify ~uch information with as much particularity a~ 

po~~ihle. In addition, if any information wa~ ohtained from a puhlic source, identify the source with a~ much particularity as 

po~~ihle. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2. Identity with pamculanty any documents or other mtormat10n m your subnussion that you beheve could reasonably be 

expected to reveal your identity and explain the basis for your belief that your identity would be revealed if the documents or 

information were disclosed to a third nartv. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

3. Have you or your attorney had any pnor commurncat10n(s) with the CFTC concermng this matter? Yes Ko 

lf"Yes," please identify the CFTC staff member(s) \Vith whom you or your attorney communicated: 

4. Have you or your attorney provided the information to any other agency or organization, or ha~ any other agency or 

organization requested the information or related information from you? Yes l\"o 

If "Ycs,'' please provide details. 

If"Ycs,'' pkasc provide th.: nam.:: and contact information or th.: poinl of contact al lhc olh.::r ag.::ncy or organization, if known. 

7 
TCR Number (b)(3) 7 USC CONFIDENTIAL Submission Received (b)(3) 7 USC 

S?R/h 11?1/A1 /(;FA1 S?R/h1/?1/A1 ff'.FA1 

5. Docs this complaint rdah: lo an .::nlity of which you arc or were an offic.::r, dir.::clor. counsel, employee, consultant or 

contractor'! Yes No 

lf'"Ycs," have you reported this violation to your supervisor, compliance office, whistlcblowcr hotline, ombud~man. or any other 

available mechanism at the entity for reporting violation~? Yes No 

If"Ycs,'' pkasc provide details including the dale you took the action(s). 

6. Have you taken any other action regarding your complaint'! 

lf"Ycs," please provide details. 

7. Provide any additional information that you think may he relevant. 

8 
(b)(3)7USC TCR Number &?Rlh 11?1/A 1 WFA 1 CONFIDENTIAL Submission Received (b)(J) 7 USC ~')C:fh\f')\f/\\ tr Fl\\ 

F. WHISTLEBLOWER ELIGIBILITY REQUIREMENTS AND OTHER INFORMATION 

1. Arc you currently, or wcrc you at the lime that you acquin::d lhc original information that you arc submilling to the CFTC, a 

mcmbcr, officer or cmploycc of: thc CITC: the Board or Governors of the Federal Rc~crvc System; the Office of lhc Comptrolkr 

of lhc Currency; the Board of Directors or thc Fcdcral Deposit Insurance Corporation; thc Director of lhc Officc or Thrift 

Supervision; the National Credit L:nion Administration Board; the Securities and Exchange Commission; the Department of Justice: 

a registered entity; a registered futures association; a self-regulatory organization (as defined in 3(aJ of the Securities Exchange Act 

of 1934 ( 15 L:.S.C 78c(a))); a law enforcement organization; or a foreign regulatory authority or law enforcement organization? 

Yes No 

2. Arc you providing this information pursuant to a coopcralion agrccmcnl with lhc CITC or another agency or organiLation'.' 

Yes No 

3. Before you provided thi~ information, did you (or anyone representing you) receive any reque~t, inquiry or demand that relate~ 

to the suhject matter of this ~uhmi~sion (i) from the CITC (ii) in connection with an investigation, inspection or examination hy 

any registered entity, registered futures as~ociation or ~elf-regulatory organization (a~ defined in ](a) of the Securities Exchange 

Act or 1934 (15 U.S.C.78c(a))), or (iii) in connection with an invc~tigation by lhc Congrcs~, or any other federal or stale authority? 

Yes No 

4. Are you currently a subject or target of a criminal inve~tigation, or have you heen convicted of a criminal violation, in 

connection with the information that you are submitting to the CFTC? 

Ye~ No 

5. Did you acquire the information being provided to the CFTC from any per~on de~cribed in Que~tion~ I through 4 above' 1 

Ye~ No 

6. If you answered ''Yes" to any of Questions I through 5 above, please provide details. 

I can provide excel files that I have relating to equations referenced above by email if requested. 

9 
TCR Number (b)(3) 7 USC CONFIDENTIAL Submission Received (b)(J) 7 USC &?R/h1/?1/A1 W.FA1 &?R/h1/?1/A1 W.FA1 

G. PRIVACY NOTICE AND WHISTLEBLOWER 'S DECLARATION 

The solicitation ofthi~ information is authorized under the Commodity Exchange Act. 7 U.S. C. I et seq. This form may he used hy 

anyone wishing to provide the CFTC with information concerning a violation of the Commodity Exchange Act or the CFfC's 

regulations. This form and related information will he proce~~ed in the Lnited States of America, the location of the CITC. If an 

individual is ~ubmilling lhi~ information fur th.: CFfC's whistk:blowcr award program pur~uanl lo Section 23 of the Commodity 

Exchange Act, the information provided will be used to enable the CFTC to determine the individual\ eligibility for payment of an 

award. This information will b.:: u~cd lo invc~tigatc and pro~cculc violations of lhc Commodity Exchange Act and lhc CFfC's 

regulations. The CFTC may di~clo~e thi~ information when required to be disclosed to a defendant or respondent in connection 

wilh a public procc.::ding inslitulcd by th.: Commission. In addition, if the Commission d.::t.::nninc~ such di~closurc is ncc.::ssary or 

appropriate to accomplish the purposes of the CEA and to protect customers, the Commission may provide such information to the 

Department of Jmtice: an appropriate department or agency of the Federal Government; a state attorney general; any appropriate 

department or agency of a state; a registered entity. registered futures association, or self-regulatory organization (as defined in 

Section ](a) of the Securities Exchange Act of I 934 ( 15 L.S.C. 78c(a)); or a foreign futures authority. Tho~e entitie~ are suhject to 

the same confidentiality requirements as the Commission. The Commission abo may disclose such information in accordance with 

Privacy Act of 1974 System of Records Notice~ CFTC-49. "Whi~tleblower Record<' (exempted), CFfC-10, "Investigatory 

Records" (cxempt.::d), and CFTC-16. "Enforcem.::nl Ca~e Fik:s." (availabk on lhc CFTC Privacy Program web page, 

www.cftc.gov/Tran~parency/PrivacyOffice) exerci~ed in accordance with the confidentiality provi~ions in the CEA and 17 CFR 

165.4. Furnishing information on or through lhi~ form is voluntary. However. if an individual i~ providing information for the 

whi~tleblower award program. not providing required information may re~ult in the individual not being eligible for award 

con~ideration. Also, you may choose to ~uhmit this form anonymou~ly, hut in order to receive a whistlehlower award, you would 

need to be identified to select CFfC staff for a final eligibility determination, and in unusual circumstances, you may need to be 

identified puhl icly for trial. I See instructions for further information. I By ~igning thi~ Declaration. I am agreeing to the collection, 

processing, use, and disclosure of my personally identifiable information as stated herein. 

I declare under penalty of perjury under the laws of the L:nited States that the information contained herein is true, correct and 

complete to the be~t ofmy knowledge. information and belief I fully understand that I may be subject to prosecution and ineligible 

for a whistk:blowcr award if. in my submission of information. my other d.::aling~ with the Commodity Fulures Trading 

Commis~ion, or my dealing~ with another authority in connection with a related action. 1 knowingly and willfully make any fal ~e. 

ficlitiou~ or frauduk:nt stat.::ments or reprc~entatiom, or use any false writing or document knowing lhal lb.: writing or documenl 

contains any false. fictitious or fraudulent statement or entry. 

Print Kame 

(b)(3) 7 USC §26(h)(2)(A) lrF1'1 /h1/R1 /h1/71/r1 

Check this box to agree to agree with the declaration above. Date 

(b)(3)7USC 

S?R/h 11?1/A1 

H. COUNSEL CERTIFICATION 

10 
TCR Number: b)(3) 7 USC .. R . d(b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive &?R/h)l?)/A) ff'.FA) ?R/h1/?1/A1 ff'.FA1 

I certify that I have revi.::wed lhis form fur compktcne~s and accuracy and that the information contained hcr.::in is lruc, correct and 

complete to the best of my knowledge, information and belief. 

I further certify that I have verified the identity of the whistleblower on whose behalf this form is being submitted by viewing the 

whistleblower's valid, unexpired government issued identification (e.g., driver's license, passport) and will retain an original, 

signed copy of this form. with Section G signed by the whistleblower. in my records. I further certify that I have obtained the 

\VhistleblO\ver's non-waivable consent to provide the Commodity Future~ Trading Commission with hi~ or her original ~igned Form 

TCR upon request in the event that the Commodity Futures Trading Commis~ion requests it due to concerns that the whistleblower 

may have knowingly and willfully made fahe. fictitious or fraudulent ~tatements or representation~, or used any fahe writing or 

document knowing that the writing or document contains any fahe. fictitiou~ or fraudulent ~tatement or entry; and that I con~ent to 

be legally obligated to do so within ~even (7) calendar days of receiving such a reque~t from the Commodity Future~ Trading 

Commi~sion. 

Print Name or Auorncy and Law Firm, if Applicable 

Check thi~ hox to agree with the declaration above. Date 

I agree to the collection, proce~~ing, u~e and di~clo~ure of my personal information a~ stated in the Privacy Policy for 

www.cftc.gov. 

FILES UPLOADED 

:-.J!A 

11 
.(b)(3)7USC .. R . d(b)(3)7USC CONFIDENTIAL Sb TCR Number. 1$26/hl/21/Al /CEAl u m1ss1on eceive : 1$ 2B/h 1121 /Al /CEAl 

Submission Procedures 

Questions concerning this form may be dir.::cted to Commodity Futur.::s Trading Commission, 

Whistlehlower Office, Three Lafayette Centre, 1155 2 I,, Street. :-.JW, Wa~hington, DC 20581. 

• If you arc submitting information for the CFTC's whistlcblowcr award program, you must submit your 

information u~ing this Form TCR. 

• You may submit this form electronically, through the Web portal found on the CFTC's Web site at 

http://1nrw 1rhistfeh!ower.,:ov. You may also print this form and submit it by mail lo Commodity Futur.::s Trading 

Commis~ion, Whi~tlehlower Office, Three Lafayette Centre, I 155 2 I ~t Street, NW, Washington, DC 2058 Lor hy 

facsimile to (202) 418-5975. 

• You have the right to submit information anonymously. If you do not ~uhmit anonymou~ly, plea~e note 

that the CFrC i~ required hy law to maintain the confidentiality of any information which could rea~onahly identify 

you, and will only reveal ~uch information in limited and ~pecifically - defined circum~tances. See 7 U.S.C. 

26(h)(2); 17 CFR 165.4. However. in order to receive a whistleblower award, you will need to be identified to select 

CFTC staff for a final eligibility determination. and in unusual circumstances, you may need to b.:: identifi.::d 

publicly for trial. You should therefore provide ~ome mean~ for the Cf<TC's staff to contact you, ~uch as a telephone 

number or an email address. 

Instructions for Completing Form TCR 

General 

• All references to "you" and "your" are intended to mean the complainant. 

Section A: Tell Us About Yourself 

Que~tion~ 1-14: Please provide the following information about your~elf: 

• last name, fir~t name and middle initial: 

• complete address. including city, state and zip code: 

• telephone number and. if availabk, an alternate number where you can be reached: 

• your .:-mail addrc~~ (to facilitat.:: communications, we strongly .::ncouragc you to provide an e-mail 

addre~~, especially if you are filing anonymously); 

• your preferred method of communication: and 

•your occupation. 

12 
.b)(3)7USC .. R . d(b)(3)7USC 

TCR Number. ""'h"""", rr c: ", CONFIDENTIAL Sbu m1ss1on eceive ~2B(h)(2)(A) (CEA) 

Section B: Your Attorney's Information 

Complete this section only if you arc n::prcscnt.::d by an allorncy in lhis mailer. 

Que~tion~ 1-10: Provide the following information about your attorney: 

• attorney's name; 

• firm name; 

• complete address. including city, state and zip code: 

• lclcphonc number and fax number; and 

•e-mail address. 

Section C: Tell Us Who You Are Complaining About 

Questions 1-2: Choose one of the following that best describes the individual"s profession or the type of entity to 

which your complaint relates: 

• l"or Indi,·iduals: accountant. analyst, as~ociated per~on. attorney, auditor. broker. commodity trading 

advisor. commodity pool operator, compliance officer. employee. executing broker. executive officer or 

director, financial planner. !1oor broker. Jloor trader, trader. unknown or other (~pccify). 

• For Entities: bank. commodity pool. commodity pool operator. commodity trading advisor, futures 

commi~~ion merchant, hedge fund, introducing broker, major ~wap participant, retail foreign exchange 

dealer, swap dealer, unknown or other (~pecify). 

Que~tion~ 3-12: For each individual and/or entity. provide the following information. if known: 

• full name 

• complete addrc~~. including city, ~lalc and zip code; 

• telephone number: 

• e-mail address; and 

• internet addre~s, if applicahle. 

Que~tion 13: If you are complaining about a firm or individual that has custody or control of your inve~tment~, 

indicate if you have had difficulty contacting that entity or individual. 

Question 14: Identify if you are. or were, associated with the individual or firm you are complaining about. If 

ycs, dcscribc how you arc, or wcrc. associated with lhc individual or firm you arc complaining 

about. 

13 
b)(3)7USC .. R . d b)(3)7USC TCR Number: ?R/h )/?)/A 1/(;FA1 CONFIDENTIAL Sbu m1ss1on eceive : 26(h)(2)(A) (CEA) 

Question 15: Identify the initial form of contact between you and the person against whom you are filing this 

complaint. 

Section D: Tell Us About Your Complaint 

Que~tion 1: State the date (mm/dd/yyyy) that the alleged conduct occurred or began. 

Que~tion 2: Identify if the conduct i~ on-going. 

Question 3: Choose the option that you believe best describes the nature of your complaint. If you are alleging 

more than om:: violation. pk:asc !isl all lhat you bdicvc may apply. 

Que~tion 4: Select the type of product or instrument you are complaining ahout. 

Que~tion 5: If applicable. please name the product or in~trument. If yes, please de~cribe. 

Question 6: Identify whether you have suffered a monetary loss. If yes. please describe. 

Qucslion 7: Identify if thc im.lividual or firm you arc complaining aboul acknowkdgcd thcir faull. 

Qucslion 8: Indicate whcthcr you have taken any other aclion rcgarding your complaint. including whclhcr you 

complained to the Cl-TC, another regulator. a law enforcement agency, or any other agency or 

organization. or initiated legal action. mediation, arbitration or any other action. 

If you answered yes, provide details, including the date on which you took the action(sJ described. 

the name of the per~on or entity to vdmm you directed any report or complaint, and contact 

information for the per~on or entity, if known, and the complete case name, case number and 

forum of any legal action you have taken. 

Question 9: State in detail all facts pertinent to the alleged violation. Explain why you believe the facts 

dc~cribcd constilulc a violation or the Commodity Exchangc Acl. 

Que~tion 1 0: Describe all supporting materials in your po~~es~ion and the availahility and location of any 

additional ~upporting materials not in your posse~sion. 

Section E: Whistlchlowcr Program 

Qucslion 1: Dcscribc how you obtained lhc information lhal ~upporls your allcgalions. If any information was 

ohtained from an attorney or in a communication where an attorney wa~ present, identify ~uch 

information with as much particularity as po~~ihle. In addition, if any information was ohtained 

from a public source. identify the ~ource with as much particularity as po~~ible. 

14 
.. R . d b)(3)7USC ')C,fh\f')\f/\\ trC:/\\ u m1ss1on eceive : ""'h""""' ,re:/\\ TCR Number: b)(3) 7 USC CONFIDENTIAL Sb 

Question 2: Identify any documents or other information in your submission on this Form TCR that you 

belien:: could reasonably be expccted to reveal your idcnlity. Explain the basi~ for your bclid that 

your identity would he revealed if the document~ or information were disclosed to a third party. 

Que~tion 3: State whether you or your attorney have had any prior communication(~) with the CFfC 

concerning thi~ matter. 

If you answered '"yes", identify the CFTC staff member(s) with whom you or your attorney 

communicated. 

Que~tion 4: Indicate \vhether you or your attorney have provided the information you are providing to the 

CFTC to any other agency or organization. or whether any other agency or organization has 

requested the information or related information from you. 

Ir you answcred '"yes", provide details and the namc and contact information of the point of 

contact al the other agency or organiLation, if known. 

Que~tion 5: Indicate \vhether your complaint relate~ to an entity of which you are, or were in the past. an 

officer, director. counsel, employee. con~ultant or contractor. 

If you answered '"yes", state whether you have reported this violation to your supervisor. 

compliance office, whi~tlehlower hotline, omhud~man, or any other availahle mechani~m at the 

entity for reporting violation~. Plea~e provide details, including the date on which you took the 

action. 

Question 6: Indicate whether you have taken any other action regarding your complaint. including whether you 

complained to the CFfC. anothcr regulator, a law enforcemcnt agency. or any other agency or 

organization, or initiated legal action, mediation, arbitration or any other action. 

If you an~wered '"yes", provide detaih. including the date on which you took the action(s) 

described, the name of the person or entity to whom you directed any report or complaint, and 

contact information for the person or cntity, if known, and the complete ca~e namc, case number 

and forum of any legal action you have taken. 

Que~tion7: Provide any additional information you think may he relevant. 

Section F: Whistleblower Eligihilit~, Requirements and Other Information 

15 
TCR Number: (b)(3) 7 USC CONFIDENTIAL &?R/h1/?1/A1 W.FA1 

Question 1: 

Question 2: 

State whether you are currently, or were at the time that you acquired the original 

information that you are submitting to the CFTC, a member, officer or employee of: The 

CFTC; the Board of Governors of the Federal Reserve System; the Office of the 

Comptroller of the Currency; the Board of Directors of the Federal Deposit Insurance 

Corporation; the Director of the Office of Thrift Supervision; the National Credit Union 

Administration Board; the Securities and Exchange Commission; the Department of 

Justice; a registered entity; a registered futures association; a self-regulatory organization 

(as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); a law 

enforcement organization; or a foreign regulatory authority or law enforcement 

organization. 

State whether you are providing the information pursuant to a cooperation agreement 

with the CFTC or with another agency or organization. 

Question 3: State whether you are providing this information before you (or anyone representing you) 

received any request, inquiry or demand that relates to the subject matter of this 

submission (i) from the CFTC, (ii) in connection with an investigation, inspection or 

examination by any registered entity, registered futures association or self-regulatory 

organization (as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 

78c(a)), or (iii) in connection with an investigation by the Congress, or any other federal 

or state authority. 

Question 4: State whether you are currently a subject or target of a criminal investigation, or whether 

you have been convicted of a criminal violation, in connection with the information you 

are submitting to the CFTC. 

Question 5: State whether you acquired the information you are providing to the CFTC from any 

individual described in Questions 1 through 4 of this section. 

Question 6: If you answered "Yes" to any Questions 1 through 5, please provide details. 

Section G: Privacy Notice and Whistleblower's Declaration 

16 
b)(3)7USC .. R . d(b)(3)7USC TCR Number: CONFIDENTIAL Sb 2B(h)(2)(A) u m1ss1on eceive S?R/h)/?)/A) /(;FA) 

You must sign this Declaration if you are submitting this information pursuant to the CFTC 

whistleblower program and wish to be considered for an award. If you are submitting your information 

using the electronic version of Form TCR through the CFTC's web portal, you must check the box to 

agree with the declaration. If you are submitting your information anonymously, you must still sign this 

Declaration (using the term "anonymous") or check the box as appropriate, and, if you are represented 

by an attorney, you must provide your attorney with the original of this signed form, or maintain a copy for 

your own records. 

Section H: Counsel Certification 

If you are submitting this information pursuant to the CFTC whistleblower program and you are doing 

so anonymously through an attorney, your attorney must sign the Counsel Certification Section. If your 

attorney is submitting your information using the electronic version of Form TCR through the CFTC's web 

portal, he/she must check the box to agree with the certification. If you are represented in this matter but 

you are not submitting your information pursuant to the CFTC whistleblower program, your attorney does 

not need to sign this Certification or check the box. 

17 
ll.1111CFTC 

COMMOO11Y FUTURES TR/\DINC COMMISSION 

FORMTCR 

TIP, COMPLAINT OR REFERRAL 

0MB Approval Number: 3038-0082 

UNITED ST A TES 

COMMODITY FUTURES TRADING COMMISSION 

Please be advised that pursuant to 5 C.F.R. § 1320.5(b)(2)(i), you arc not required to respond to this collection of information unless 

it displaJs a l'Urrentl)' v·alid 0MB control number. Information provided on this Form TCR, and it, related attachments and 

addendum~, i~ CON.FIDEXflAL and cannot be distributed out~ide of the Commission 1-l'ithoul the written approval of the CFTC 

Whistlcblower Office and the Dh'ision of Enforcement. 

SUBMISSION INFORMATION 

Confirmation Number Submission Received 

b)(3) 7 USC §26(h)(2)(A) (CEA) I ~li3) ,1 ,~,~~ },~~,S~\2l(A) I h1/R1 /h1/71ff'.1 

A. TELL US ABOUT YOURSELF 

COMPLAINANT 1 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

B. YOUR ATTORNEY'S INFORMATION (If Applicable - See Instructions) 

1. Attorney's Name 

2. Firm Name 

3. Street Address 

4. City 5. State/Province 6. ZIP/Postal Code 17. Country 

8. Telephone 9. Fax IO. E-mail Address

C. TELL US WHO YOU ARE COMPLAINING ABOUT 

INDIVIDUAL/ENTITY 1 

Confirmation Number 

b)(3) 7 USC §26(h)(2)(A) t~J.(_3_1_7 _u_'.':_c 52~_(hJ(2J(Al I 
1. Type 

□ Individuul 0 Entity

2. If an individual, specify profession. If an entity, specify type 

3. Name 

Kraken/Payward Ventures Inc. 

4. Street Address 

237 Kearny Street 

5. Apartment/Unit# 

#102 

6. City 

Sun Francisco 

7. State/Province 

CA 

8. ZIP/Postal Code 

94108 

9. Country 

United Stales 

10. Telephone 

+] 9162674413 

ll. E-mail Address 

support@kraken.com 

12. Internet Address 

https://ww\V.kraken.com/ 

13. If you are complaining about a firm or individual that has custody or control of your investments, have you 

had difficulty contacting that entity or individual'? 

Yes 

14. Are you, or were you, associated with the individual or firm when the alleged conduct occurred? 

Yes 

If yes, describe how you are, or were, associated with the individual or firm you are complaining about 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

I 

15. What was the initial form of contact between you and the person against whom you are filing this complaint'! 

Internet Advertisement 

If other, please describe 

D. TELL US ABOUT YOUR COMPLAINT 

1. Occurrence Date (mm/dd/yyyy) 

02/09/2021 

2. Is the conduct on-going? 

Don't Know 

3. Please select the option(s) that best describes your complaint 

□ Fraudulent representations that persuaded you to trade futures, options, swaps, forex, retail commodity, or

leveraged transactions 

0 Some type of cheating or fraud that occurred after you had deposited funds to trade futures, options, 

swaps, forex, retail commodity, or leveraged transactions (for example, if someone used the funds you 

deposited to pay off someone else or you have asked for the return of your funds and have been refused). 

□ Someone or some firm that should he registered under the Commodity Exchange Act, but is not. 

□ Disrupth'e or manipulative trading activity in the futures, options or swaps markets.

□ The trading of futures options, or swaps based upon confidential information by someone not allowed to 

use such information. 

□ Complaint does not fit into any of the above-described categories 

If your complaint does not fit into any of the above-described categories please describe below. 

4. Select the type of product/instrument: 

□ A futures contract, including a single stock futures contract, a narrow based or broad based security future

contract. 

□ An option on a futures contract, an option on a commodity, BUT NOT an option on a security or a basket

of securities. 

□ A s,vap, including a mixed swap BUT NOT a swap based on a single security or based on a narrow (i.e.,

nine or less) index of securities. 

(b)(3) 7 USC §26(h)(2)(A) Page2of11 (b)(3) 7 USC §26(h)(2)(A) rrc:A\ th\fC:\ th\n\fr\ 
□ A cash (or physical) contract traded in interstate commerce.

□ A foreign currency transaction. 

If a foreign cnrrency transaction: 

Are you an individual that trades or invests more than $10,000,000 on a discretionary basis? 

□ YES □ NO

Are you an individual that trades or invests more than $5,000,000 and enters into the foreign currency 

agreement to manage the risk associated with some other asset or liability'! 

□ □ YES NO

□ A commodity transaction entered into or offered on a leveraged or margined basis, or financed by the

offeror, the counterparty, or someone acting in concert ,vith the offeror or counterparty. 

If yes: 

Are you an individual that trades or invests more than $10,000,000 on a discretionary basis? 

□ □ YES NO

Are you an individual that trades or invests more than $5,000,000 and enters into the foreign currency 

agreement to manage the risk associated with some other asset or liability? 

□ YES □ NO

0 Other 

If other, please describe 

(b)(3)7USC I 

5. If applicable, what is the name of producUinvestment? 

f~)(3) 7 USC §26(h)(2)(A) (CEA) I 

h1/R1 /h1/71ff'.1 

6. Have you suffered a monetary loss? 

0 YES □ NO

If yes, describe how much. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) I 

7. Has the individual or firm who engaged in the conduct acknowledged their fault'! 

□ YES 0 NO 

8. Have you or anyone else taken any action against the firm or person ,vho engaged in the alleged conduct? 

□ YES 0 NO

If yes, select the appropriate category: 

□ Prior complaint to the CFTC.

□ Complaint to another regulator.

□ A state or federal criminal law enforcement entity.

□ A legal action filed against the person or firm in a court of law.

Additional comments based on above selection (e.g., \Vho, \Vhen, Contact, To whom made, Case Number, 

Court). 

9.State in detail all facts pertinent to the alleged violation. Explain why you believe the facts described constitute 

a violation of the Commodity Exchange Act. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

Page3of11 (b)(3) 7 USC §26(h)(2)(A)
b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) I 

10. Describe all supporting materials in your possession and the availability and location of any additional 

supporting materials not in your possession. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

E. WHISTLEBLOWER PROGRAM 

1. Describe hm.v and from whom you obtained the information that supports your allegations. If any information 

was obtained from an attorney or in a communication where an attorney was present, identify such information 

with as much particularity as possible. In addition, if any information was obtained from a public source, 

identify the source with as much particularity as possible. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2. Identify with particularity any documents or other information in your submission that you believe could 

reasonably be expected to reveal your identity and explain the basis for your belief that your identity would he 

revealed if the documents or information were disclosed to a third party. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) I 

3. Have you or your attorney had any prior communication(s) ,vith the Ct'TC concerning this matter? 

□ YES 0 NO

If "Yes," please identify the CFTC staff member(s) with whom JOU or your attorney communicated: 

4. Ha,,e JOU or your attorney provided the information to any other agency or organization, or has anJ other 

agency or organization requested the information or related information from you? 

0 YES □ NO

If "Yes," please provide details. 

~b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) I 

If "Yes," please provide the name and contact information of the point of contact at the other agency or 

organization, if known. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

5. Does this complaint relate to an entity of which you are or were an officer, director, counsel, employee, 

consultant or contractor? 

□ YES 0 NO

If "Yes," have you reported this violation to your supervisor, compliance office, whistleblower hotline, 

ombudsman, or any other available mechanism at the entity for reporting violations'! 

□ □ YES NO

If "Yes," please provide details including the date you took the action(s). 

6. Ha,,e JOU taken any other action regarding your complaint? 

□ YES 0 NO

If "Yes," please provide details. 

7. Pro,,ide any additional information that you think may be relevant. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

F. WHISTLEBLOWER ELIGIBILITY REQUIREMENTS AND OTHER 

INFORMATION 

1. Are you currently, or were you at the time that you acquired the original information that you are submitting 

to the Ct"l'C, a member, officer or employee of: the CFTC; the Board of Governors of the Federal Reserve 

System; the Office of the Comptroller of the Currency; the Board of Directors of the Federal Deposit Insurance 

(b)(3) 7 USC §26(h)(2)(A) b)(3) 7 USC §26(h)(2)(A) Page4of11 C'C:A\ fL-s\f,O\ fL-s\17\fr'\ W.FA1 /h1/R1 /h1/71W.1 
Corporation; the Director of the Office of Thrift Supervision; the National Credit Union Administration Board; 

the Securities and Exchange Commission; the Department of Justice; a registered entit:y; a registered futures 

association; a self-regulatory organization (as defined in 3(a) of the Securities Exchange Act of 1934 (15 

lJ.S.C.78c(a))); a law enforcement organization; or a foreign regulatory authority or law enforcement 

organization? 

□ YES 0 NO

2. Are you providing this information pursuant to a cooperation agreement with the CFTC or another agency or 

organization? 

□ YES 0 NO

3.Before you provided this information, did you(or anyone representing you) receive any request, inquif)' or 

demand that relates to the subject matter of this submission(i) from the CFTC, (ii) in connection with an 

investigation, inspection or examination by any registered entity, registered futures association or self-regulatory 

organization (as defined in 3(a) of the Securities Exchange Act of 1934(15 U.S.C.78c(a))), or(iii) in connection 

with an investigation by the Congress, or any other federal or state authority? 

□ YES 0 NO

4. Are you currently a subject or target of a criminal investigation, or have JOU been comicted of a criminal 

violation, in connection with the information that you are submitting to the CJ<'TC? 

□ YES 0 NO

5. Did you acquire the information being provided to the CFTC from any person described in Questions 1 

through 4 above'? 

□ YES 0 NO

6. If JOU answered "Yes" to anJ of Questions 1 through 5 above, please provide details. 

G. PRIVACY NOTICE AND WHISTLEBLOWER'S DECLARATION 

PRIVACY ACT STATEMENT 

PRIVACY ACT STATEMENT 

The collection, maintenance, and disclosure of this information is governed by the Privacy Act of 1974 (5 U.S.C. * 

552a). 

The information provided will help the Commodity Futures Trading Commission CCFrC" or ·'Commission") identify. 

investigate. and prosecute violations of the Commodity Exchange Act ("CEA.) or the regulations promulgated 

thereunder. If an individual ,,.,·i~he~ to be considered for the Commission'~ whistleblower award program. the 

information provided will also be used by the Commission to determine the individual's eligibility for payment of an 

award. 

I. AUTHORITY 

The Commission'~ collection of this information from persons seeking to participate in the Commis~ion ·s 

whistleblower program is authorized under 7 U.S.C. ~ 26 and 17 C.FR. 

*165. 

2. ROUTINE USES 

The Commission may disclose this information when required to a delCndanl or respondent in connection with a 

public proceeding instituted by the Commission. In addition. if the Commis~ion determines such di~c\osure is 

necessary or appropriate to accomplish the purposes of the CEA or to protect the puhlic, the Commission may 

disclo~e this inrormation to the Department or Ju~tice; an appropriate department or agency or the Federal 

Government; a state attorney general; any appropriate depa1tment or agency of a state; a registered entity, 

registered futures association. or self-regulatory organization ( as defined in Section 3(a) of the Securities 

Exchange Act of 1934 (15 U.S.C. ~ 78c(a)); or. a l"oreign futures authority. 

The information will he maintained and any disclosures will he made in accordance with the Commission·s 

Privacy Act ~ystem or record~ notices (SORN~) CFTC-49. Wliist/eb!ower Records available al 77 f<R 41378. 

(b)(3) 7 USC §26(h)(2)(A) Page5of11 b)(3) 7 USC §26(h)(2)(A)
CFTC-10, lnvestiiatmy Records avaibble ilt 76 FR 5973, and CFTC-16, E11/0rce111ent Cnse Files l.lvailable at 76 

I-ii{ 5973, exercised in accordance with the confidentiality provisions in the CEA and 17 C.F.R. ~ 165.4. A 

complete set or blanket routine u~es for Commi~sion SORNs is published in the Federal Reiistff at 76 FR 5974 

(Feb. 2, 2011). 

3. EFFECT OF NOT PROVIDING INFORMATION 

Furnishing information on or through this form is voluntary and may be done anonymously. However. failure to 

provide identifying informlltion may result in ineligibility for con~ideration under the Commi~sion's 

whistleblower award program. Award candidates must be identified to a limited number of Commission staff for 

a rinal eligibility determination, and in unusual circumstance~ may need to be identified publicly ror trial. 

WHISTLEBLOWER'S DECLARATION 

I declare under penalty of perjury under the laws of the United States that the information contained herein is 

true, correct and complete to the best of my knowledge, information and belief. I fully understand that I may be 

subject to prosecution and ineligible for a whistleblower award if, in my submission of information, my other 

dealings with the Commodity Futures Trading Commission, or my dealings with another authority in 

connection with a related action, I knowingly and willfully make any false, fictitious or fraudulent statements or 

representations, or use any false writing or document knowing that the writing or document contains any false, 

fictitious or fraudulent statement or entry. 

Print Name 

b)(3)7USC 

')"fh\f')\fA\ I

0 Check this box to agree with the declaration above. 

Date 

b)(3)7USC I ?R/h 11?1/A 1 

H. COUNSEL CERTIFICATION 

I certify that I have reviewed this form for completeness and accuracy and that the information contained herein 

is true, correct and complete to the best of my knowledge, information and belief. 

I further certify that I have verified the identity of the whistleblower on whose behalf this form is being 

submitted by viewing the whistlehlower's valid, unexpired government issued identification(e.g., driver's license, 

passport) and will retain an original, signed copy of this form, with Section G signed by the whistleblower, in my 

records. I further certify that I have obtained the whistleblmver's non-,vaivable consent to provide the 

Commodity Futures Trading Commission with his or her original signed Form TCR upon request in the event 

that the Commodity Futures Trading Commission requests it due to concerns that the whistleblower may have 

knowingly and willfully made false, fictitious or fraudulent statements or representations, or used any false 

writing or document knowing that the writing or document contains any false, fictitious or fraudulent statement 

or entry; and that I consent to be legally obligated to do so within seven(7) calendar days of receiving such a 

request from the Commodity t'utures Trading Commission. 

Print Name of Attorney and Law Firm, if Applicable 

□ Check this box to agree with the declaration above.

Date 

FILES UPLOADED 

(b)(3) 7 USC §26(h)(2)(A) (CEA) 

(b)(6) (b)(7)(C) 

Confirmation Number 

(b)(3) 7 USC §26(h)(2)(A) l\~1£3),7 Y,~,c J,~~f~}2J(Al I Page6of11 1ri=i,.1 /h1/R1 /h\/71/r\ 
Submission Procedures 

Qucstiom concerning this rorm may be directed to Commodity Futures Trading Commis~ion, Whistlcb\owcr Office, 

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

• Ir you arc wbmitting inl"ormation ror the CFTC'~ whistlcblower award program, you must submit your 

information using this Form TCR. 

You may submit thi~ form electronically, through the Web portal found on the CFTC'~ Web site at 

http://11·11·w.whistlt'blower.gov. You may aho print this rorm and wbmit it by mail to Commodity Future~ Trading 

Commission, Whistleblower Office, Three Lafayette Centre, I 155 21st Street, NW, Washington, DC 20581, or by 

facsimile to (202) 418-5975. 

• You have the right to submit information anonymously. If you do not submit anonymously, please note that the 

CFl'C is required by law to maintain the confidentiality of any information which could reasonably identify you, 

and will only reveal such information in limited and specifically - defined circumstances. See 7 U.S.C. 26(h)(2); 

17 CFR 165.4. However, in order to receive a whistlehlower award, you will need to be identified to select CFTC 

staff for a final eligibility determination, and in unusual circumstances, you may need to be identified publicly for 

triul. You should therefore provide some meuns for the CFTC's stuff to contuct you, such a~ u telephone number 

or an email address. 

Instructions for Completing Form TCR 

General 

• All references to '·you" and "your" are intended to mean the complainant. 

Section A: Tell Us about Yourself 

Questions 1-14: Please provide the following information about yourself: 

• last name, rirst name, and middle initial; 

• complete address, including city, state and zip code; 

telephone number and, if uvailable, an ulternate number where you cun be reuched; 

• your e-mail address (to facilitate communications, we strongly encourage you to provide an email address, 

especially if you are filing anonymously). 

• your prcl'eJTcd method or communication: and 

• your occupation 

(b)(3) 7 USC §26(h)(2)(A) (b)(3) 7 USC §26(h)(2)(A) Page7of11 /(;FA1 /h1/R1 /h1/71/(;1 
Section B: Your Attorney's Information 

Complete this section only if you arc represented by an allorncy in this matter. 

Questions 1-10: Provide the following information about your attorney: 

• allorncy's name; 

• firm name; 

• complete address, including city, slate and zip code; 

• telephone number and fax number; and 

e-mail addres~. 

Section C: Tell Us Who You Are Complaining About 

Questiom 1-2: Choo~e one of the follm.,,·ing that best de~cribes the individual's profes~ion or the type of entity to \Vhich 

your complaint relate~: 

• For Individuals: accountant, analyst. associated person, attorney, auditor, broker, commodity trading advisor, 

commodity pool operator. compliance officer, employee, executing broker. executive officer or director. financial 

planner. floor broker, floor trader. trader. unknown or other (specify). 

For Entities: bank. commodity pool, commodity pool operator. commodity trading udvisor. futures commission 

merchant. hedge fund, introducing broker. major swap participant, retail roreign exchange dealer. swap dealer. 

unknown or other (specify). 

Questiom 3-12: For each individuul and/or entity. provide the following informution, if known: 

• full name 

complete address, including city, state and zip code; 

• telephone number; 

• e-mail addres~; und 

• internet addrcs~. if applicable. 

Question 13: lfyou are complaining about a firm or individual that has custody or control of your investments, indicate if 

you have had difficulty contacting that entity or individual. 

Question 14: Identify if you are, or were, associated with the individual or firm you are complaining about. If yes, 

describe how you are. or were. associuted with the individual or firm you are complaining about. 

Confirmation Number 

(b)(3) 7 USC §26(h)(2)(A) f~J(3_J 7 us_ c §26(h_l(2J(Al I Page8of11 trC:/\\ fh\fC:\ fh\f7\fr\ 
Question 15: Identify the initiul form of contuct bet\veen you and the person aguinst whom you are filing this complllint. 

Section D: Tell Us About Your Complaint 

Question I: State the date (mm/dd/yyyy) that the alleged conduct occurred or began. 

Question 2: Identil"y irthc conduct is on-going. 

Question 3: Choose the option that you believe best describes the nature of your complaint. If you are alleging more than 

one viollltion, please li~l all that you believe may apply. 

Question 4: Select the type of product or instrument you are complaining about. 

Question 5: If upplicable, please nume the product or imtrument. If yes, plea~e describe. 

Question 6: Identify whether you have suffered a monetary loss. If yes, please describe. 

Question 7: Identify if the individual or firm you me compluining ubout ucknowledged their fault. 

Question 8: Indicate whether you have taken any other action regarding your complaint, including whether you 

complained to the CFTC, another regulator, a law enforcement agency, or any other agency or organization, or initiated 

legal uction, mediation, arbitration or uny other action. If you anw,rered ye~. provide details, including the <lute on \Vhich 

you took the aclion(s) described, the name of the person or entity lo whom you directed any report or complaint, and 

contact information for the person or entity, if known, and the complete case name, case number and forum of any legal 

uction you have tuken. 

Question 9: State in detail all facts pertinent to the alleged violation. Explain why you believe the facts described 

constitute a violation of the Commodity Exchange Act. 

Question 10: Describe all supporting materials in your po~session and the availability and location or any additional 

supporting materials not in your possession. 

Section E: Whistleblower Program 

Question I: Describe how you obtained the information that supports your allegations. If any information was obtained 

from an attorney or in a communication where an attorney was present, identify such information with as much 

particularity a~ po~siblc. In addition, if" any inl"ormalion was obtained l"rom a public source, identify the ~ourcc with as 

much particularity as possible. 

Question 2: Identify any document~ or other information in your ~ubmis~ion on this Form TCR that you believe could 

reasonably be expected to reveal your identity. Explain the basis f"or your belief" that your identity would be revealed if" 

the documents or information were disclosed to a third pa1ty. 

Question 3: State whether you or your attorney have had any prior communicution(~) with the CFTC concerning this 

(b)(3) 7 USC §26(h)(2)(A) (b)(3) 7 USC §26(h)(2)(A) Page9of11 ,rc:A\ '""'" tL-.\17\fr\ /(;FA1 /h1/R1 /h1/71/(;1 
mutter. If you answered "yes", identify the CFTC staff member(s) with ,,.,·horn you or your allorney communicated. 

Question 4: Indicate whether you or your allorney have provided the inrormalion you arc providing to the CFTC lo any 

other agency or organization, or whether any other agency or organization has requested the information or related 

information from you. If you answered "yes", provide details and the nume and contact informution of the point of 

contact al the other agency or organization. ii" known. 

Question 5: Indicate whether your complaint relates to an entity of which you are, or were in the past, an officer. director. 

counsel. employee, consultant or contractor. Ir you answered "yes", slate whether you have reported this violation lo 

your supervisor, compliance office. whistleblower hotline. ombudsman. or any other available mechanism at the entity 

for reporting violations. Please provide details, including the date on which you took the action. 

Question 6: Indicate whether you have taken any other action regarding your complaint, including whether you 

complained to the CFTC. another regulator. a law enforcement agency, or any other agency or organization, or initiated 

legal uction. mediation, arbitration or uny other action. If you anw,rered "yes". provide details, including the dute on 

which you took the aclion(s) described, the name of the person or entity lo whom you directed any report or complaint. 

and contact information for the person or entity. if known, and the complete case name, case number and forum of any 

legal uction you have tuken. 

Question?: Provide any additional information you think may he relevant. 

Section F: Whistleblower Eligibility Requirements and Other Information 

Question 1: Stale whether you arc currently, or were at the time that you acquired the original inl"ormalion that you arc 

submitting to the Ci-'TC, a member. officer or employee of: The CFrC; the Board of Governors of the Federal Reserve 

System; the Office of the Comptroller of the Currency; the Board of Directors of the Federnl Deposit Insurance 

Corporation; the Director or the Office or Thrift Supervision; the National Credit Union Administration Board; the 

Securities and Exchange Commission; the Depa1tment of Justice; a registered entity; a registered futures association; a 

self-regulatory organization (as defined in 3(a) of the Securities Exchunge Act of 1934 (15 U.S.C. 78c(a)); a law 

cnrorccmenl organization; or a foreign regulatory authority or law enforcement organization. 

Question 2: State whether you are providing the information pursuant to a cooperation agreement with the CFrC or with 

unother ugency or organization. 

Question 3: State whether you are providing this information before you (or anyone representing you) received any 

request, inquiry or demand that relates to the subject matter of this submission (i) from the CFfC, (ii) in connection with 

an investigation, in~pection or examination by any registered entity, registered futures association or ~elf-regulatory 

organization (as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)), or (iii) in connection with an 

investigation by the Congress. or uny other federal or stute uuthority. 

Question 4: Stale whether you arc currently a subject or target of a criminal investigation, or whether you have been 

Confirmation Number 

(b)(3) 7 USC §26(h)(2)(A) t~l£3) .1 Y. ~.c J.~~_(~}2J(Al I Page "10 of 11 
convicted of a criminal violation. in connection \Vith the information that you submilled to the CFTC and upon which 

your application for an award is ba~cd. 

Question 5: State whether you acquired the information that you provided to the CJ-TC from any individual described in 

Questiom I through 4 of this section. 

Question 6: If you answered "Yes" to any of Questions I through 5 of this section, please provide details. 

Section G: Privacy Notice and Whistleblower's Declaration 

You must sign this Declaration if you are suhmining this information pursuant to the CFTC whistlehlower program and 

wish to be considered for an award. If you are submilling your information using the electronic version of Form TCR 

through the CFTC's web portal, you must check the box to agree with the declaration. If you are submilling your 

information anonymously, you must still sign this Declaration (using the term "anonymous") or check the hox as 

appropriate, and. if you are represented by an attorney, you must provide your altorney with the original of this signed 

form. or maintain a copy for your own records. 

Section H: Counsel Certification 

If you are submitting this information pursmmt to the CFTC v,"histleblower progn.1m ,md you are doing so anonymously 

through an attorney, your attorney rnu~t ~ign the Counsel Ccrtirication Section. Ir your allorncy is subrnilling your 

information using the electronic version of 1-iorm TCR through the Ci--'TC's web portal, he/she must check the box to 

ugree with the certification. If you are represented in this matter but you are not submining your information pursuunt to 

the CFTC whist\cblower program. your allorncy docs not need to sign this Certification or check the box. 

Confirmation Number 

b)(3) 7 USC §26(h)(2)(A) Page 11 of II b)(3) 7 USC §26(h)(2)(A) re:/\\ th\fC:\ th\n\fr\ f'.FA1 /h1/R1 /h1/71W1 
TCR Number: b)(3) 7 USC .. R . d b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : 26(h)(2)(A) (CEA) ')"fh\f')\fA\ fr"'C:A\ 

UNITED STATES 0MB APPROVAL 

COMMODITY FUTURES TRADING COMMISSION 

0MB Kumbcr: 3038-0082 Washington, DC 20581 

FORMTCR 

TIP, COMPLAINT OR REFERRAL 

Please refer to the attached Pri\'l/("_\' Act Statement, S11hmission Procedure.1· and Completion Instructions as needed 

to help _wm complete this form. 

A. TELL US ABOUT YOURSELF 

COMPLAINANT 1: 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received:(bJ(3) 7 U .s.c~~ .. ?R/h\1')1/1'11ri=i,.1 

B. YOUR ATTORNEY'S INFORMATION (If Applicable - See Instructions) 

1. /\.ltomcy's Name 

2. Firm Kame 

3. Street Addre~~ 

4. City 5. State/Province 6. ZIPIPo~tal Code 7. Country 

8. Telephone 9. Fax 10. E-mail Address 

2 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received: b)(3) 7 USC ')"fh\f')\fA\ fr"'C:A\ ')"fh\f')\fA\ trC:A\ 

C. TELL US WHO YOU ARE COMPLAINING ABOUT 

INDIVIDUAL/ ENTITY 1: 

I. Type: lm.lividual Entity 2. Ir an im.lividuaL spccify profession. If an entity, specify type. 

L:nrcgistcrcd FCM/RFED 

3. :-.Jame 

Paywanl, Inc. (Krakcn) 

4. Street Address 5. Apartment/Unit# 

548 Market Street Suite 3%56 

6. City 7. State/Province 8. ZIP/Po~tal Code 9. Country 

San Francisco CA 94104 CSA 

10. Telephone 11. E-mail Addre~~ 12. Internet Addre~~ 

+ I 650-434-2889 www.kraken.com 

13. If you are complaining about a firm or individual th.it has custody or control of your investments, have you had difficulty 

contacting that entity or individual'! Yes l\'"o Unknown 

14a. Are you. or were you, associated with the individual or firm when the alleged conduct occuJTed? 

Yes No Unknown 

14b. If yes. describe how you are. or were. associated with the individual or firm you are complaining about? 

!Sa. What was the initial form of contact bctwccn you and thc pcrson against whom you arc filing this complaint? 

Internet Advcrti~cmcnl 

!Sb. If other. please describe: 

INDIVIDUAL/ ENTITY 2: 

I. Type: Individual Entity 2. If an individual, specify profession. If an entity, specify type. 

Cnregi~tered FCM/RFED 

3. ::-,./ame 

Bitstamp USA Inc. 

3 
.. R . d b)(3)7USC CONFIDENTIAL Sbu m1ss1on eceive : ?Rlh\l?\IA\ W.FA\ 

4. Slrecl Addre~~ 5. Apartmenl/Unit # 

99 Hudson Street 5th Floor 

6. City 7. Stale/Province 8. ZIP/Poslal Code 9. Country 

:'.'Jew York NY 10013 L:SA 

10. Telephone I I. E-mail Addre~~ 12. Internet Addre~~ 

www.bilstamp.ncl 

11. If you are complaining ahout a firm or individual that ha~ custody or control of your inve~tmenb, have you had difficulty 

contacting that entity or individual? Yes l\"o Unknown 

14a. Are you, or were you, a~sociated with the individual or firm when the alleged conduct occurred'! 

Yes No Unknown 

14h. If yes, describe how you are, or were, a~~ociated with the individual or firm you are complaining ahout? 

15a. What was the initial form of contact hetween you and the person against whom you are filing thi~ complaint? 

(b)(3) 7 USC §26(h)(2)(A) 

(CEA) (b)(6) (b)(7)(C) 

156. Ir other. please describe: 

INDIVIDUAL/ ENTITY 3: 

I. Type: Individual Entity 2. lfan individual, ~pecify profe~~ion. [fan entity, ~pecify type. 

Lnregi~tered 1:CM/Rl;ED 

3. :'.Jame 

Poloniex, Inc. 

4. Street Address 5. Apartment/Unit# 

5 Middle~ex Ave 4th Floor, Suite 400 

6. City 7. State/Province 8. ZIP/Postal Code 9. Country 

Somerville MA 02145 CSA 

10. Telephone 11. E-mail Address 12. Internet Address 

+ I 3025186536 tristan@poloniex.com www.poloniex.com 

4 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received: b)(J) 7 USC ')C,fh\f')\f/\\ trC:/\\ ?R/h 11?1/A1/(;FA1 

13. If you an:: complaining about a firm or individual that has cu~tody or control of your investments. have you had difficulty 

contacting that entity or individual'! Yes l\'"o Unknown 

14a. An:: you, or were you. as~ociatcd with the individual or firm when the alk:gcd conduct occurred? 

Nu Unknown 

146. Ir ycs. dcscribc how you arc, or wcrc. associated with thc individual or firm you arc complaining about? 

!Sa. What was the initial form of contact bctwccn you and thc pcrson against whom you arc filing this complaint? 

l/~1

~

3

1171~1~?1~3~L~;2l(A) I 

156. If other. please describe: 

5 
CONFIDENTIAL Submission Received: b)(J) 7 USC 

?R/h 11?1/A1/(;FA1 

D. TELL US ABOUT YOUR COMPLAINT 

1. Occurrence Dal.: (mm/dd//yyyy): 2. h th.: conduct on-going? 

07/24/2017 Yes l\'"o Don"t Know 

3a. Plea~e select the option(s) that he~t de~crihes your complaint. 

Fraudulent representations that persuaded you to trade futures. options, swaps, forex. or leveraged transactions 

Some type of cheating or fraud that occurred aft.::r you had d.::posited funds lo trade futures, options, ~waps. !"or.::x. rdail 

commodity. or leveraged tran~action~ (for example, if ~omeone u~ed the funds you depo~ited to pay off ~omeone else or you have 

asked for the return of your fund~ and have heen refu~ed). 

Someone or ~ome firm that ~hould be registered under the Commodity Exchange Act, but is not. 

Disruptiv.:: or manipulative trading activity in the futures, options or ~waps markets. 

The trading of futures options, or s\vaps hased upon confidential information hy ~omeone not allowed to u~e ~uch information. 

Complaint does not fit into any of the above-described categories 

3h. If your complaint does not fit into any of the ahove-de~crihed categorie~ please de~crihe helow. 

4a. Select the type of product/instrument: 

A futures contract. including a ~ingle stock future~ contract, a narrow ba~ed or broad ba~ed security future contract. 

An option on a future~ contract, an option on a commodity. BUT :-.JOT an option on a ~ecurity or a basket of securities. 

A ~wap, including a mixed swap BUT :-.JOT a swap hased on a single ~ecurity or ha~ed on a narrow (i.e., nine or less) index of 

securities. 

A ca~h (or physical) contract traded in inter~tate commerce? 

A for.::ign currency transaction. 

Ir a foreign curr.::ncy transaction: 

o 46. Ar.: you an individual that trades or inve~t~ more than SI 0,000,000 on a discretionary basis'J 

Yes No 

o 4c. Are you an individual that trades or invests more than 55,000.000 and enters into the foreign cuJTency 

agreement to manage the risk associated with some other asset or liability? 

Yes No 

A commodity tran~action entered into or offered on a leveraged or margined ba~i~. or financed by the offeror, the counterparty, 

6 
CONFIDENTIAL Submission Received: b)(J) 7 USC ?R/h1/?1/A1 W.FA1 

or someone acting in concert wilh the offeror or counlerparty. 

If checked: 

o 4cL Are you an individual that trades or invests more than S 10,000.000 on a discretionary basis? 

Yes No 

o 4e. Are you an individual that trades or inve~t~ more than 55.000,000 and enters into the foreign currency 

agreement to manage the ri~k associated with ~ome other as~et or liability'.' 

Ye~ No 

Other 

4f. If other. please describe: 

5. If applicable, what is the name of product/investment? 

:'vtargin trading in cryptocuJTencies (financed retail commodity purchases) 

6a. Have you suffered a monetary loss'! Yes No 

6h. If yes, de~crihe how much. 

7. Has the individual or firm who engaged in the conduct acknowledged their fault? Yes No 

8a. Ilav.:: you or anyon.:: else taken any action agaiml th.: firm or per~on who engaged in th.: alleged conduct'.' Yes Ko 

Rh. If yes, ~elect the appropriate category: 

Prior complaint to the Cl-TC. 

Complainl lo anoth.::r regulator. 

A slalc or fcd.::ral criminal law .::nforc.::ment .::nlily. 

A legal action filed agaiml lh.:: p.::rson or firm in a court of law. 

8c. Additional commenb ba~ed on above ~dection (e.g., Who. When, Contact, To whom made, Case !\'umber. Court) 

7 
(b)(3)7USC CONFIDENTIAL Submission Received: b)(J) 7 USC TCR Number ~2B(h )(2)(A) (CEA) ')"fh\f')\fA\ fr"'C:A\ 

9. State in (ktail all facts pcrtincnl lo thc alkgcd violation. Explain why you bdicvc the facts described conslitutc a violation of 

the Commoditv Exchnn,re Act. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

10. Dcscubc all supporting malcuals m your posscss1on and the avmlab1llly and locallon ol any add1llonal supportmg matcnals not 

m our o~~css10n. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

8 
CONFIDENTIAL Submission Received: (b)(J) 7 USC 

S?R/h 11?1/A1/(;FA1 

E. WHISTLEBLOWER PROGRAM 

1. Describe how and from whom you obtained the information that support~ your allegations. If any information wa~ obtained 

from an attorney or in a communication where an attorney wa~ present. identify ~uch information with as much particularity a~ 

po~~ihle. In addition. if any information wa~ ohtained from a puhlic source, identify the source with a~ much particularity as 

m~~ihle. 

b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

2. Identify with particularity any document~ or other information in your ~ubmis~ion that you believe could reasonably be 

expected to reveal your identity and explain the basi~ for your belief that your identity would be revealed if the documents or 

(b)(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

3a. Have you or your attorney had any prior communication(s) with the CFTC concerning this matter'! Yes No 

3b. [f"Yes," please identify the CFTC staff member(s) with whom you or your attorney communicated: 

(b)(3) 7 USC §26(h)(2)(A) fr"'C:A\ fL-.\f,O\ fL-.\17\ff'\ 

4a. Have you or your attorney provided the information to any other agency or organization. or ha~ any other agency or 

organization requested the information or related information from you'! Yes l\o 

4h. [f·'Ycs," plca~c provide details. 

fbJ(3) 7 USC §26(h)(2)(A) (CEA) (b)(6) (b)(7)(C) 

4c. tf·'Ycs," lease rovidc the name and contact information of the point of contact at the other agency or organization, if knov,,n. 

(b)(3) 7 USC §26(h)(2)(A) (CEA) /h1/R1 /h1/71W.1 

Sa. Doe~ this complaint relate to an entity of which you are or were an officer. director, counsel. employee, con~ultant or 

contractor? Ye~ No 

Sb. lf"Yes," have you reported this violation to your supervisor, compliance office, whistleblower hotline, ombudsman, or any 

other available mechanism at the entity for reporting violations? Yes No 

Sc, [f"Yes:· please provide details including the date you took the action(s). 

9 
TCR Number: b)(3) 7 USC CONFIDENTIAL Submission Received: b)(J) 7 USC ?R/h1/?1/A1 W.FA1 ')"fh\f')\fA\ fr'C:A\

6a. I lave you taken any other action regarding your complaint? Yes Ko 

6b. lf"Yes," please provide details. 

7. Provide any additional information that you think may be relevant. 

8. May the CFTC have your con~ent to share your identifying information with other governmental authoritie<1 No 

Other governmental authoritie~ may include: The Department of Justice; an appropriate department or agency of the Federal 

Government; a ~late attorney general; any appropriate state department or agency; or a foreign governmental authority. 

A~ a whi~tlehlower, you have confidentiality protections and we may only reveal your identity under certain conditions, including 

with your consent, a~ enumerated in 17 C.F.R. § 165.4. 

You may choo~e not to con~ent. If you do not con~ent, we will maintain your identity as confidential as required hy 17 C.F.R. § 

165.4. 

10 
.(b)(3)7USC CONFIDENTIAL Sb .. R . d[b)(3)7USC TCR Number. S?R/h 11?1/A1/(;FA1 u m1ss1on eceive : 2S/bll2J/Al ICE Al 

F. WHISTLEBLOWER ELIGIBILITY REQUIREMENTS AND OTHER INFORMATION 

1. Arc you currently, or wcn:: you at the lime that you acquin::d lhc original information that you arc submilling to the CFTC. a 

mcmbcr, officer or cmploycc of: the CFTC; the Board of Govcmors of lhc Fcdcral Reserve Systcm; the Officc of the Comptroller 

of lhc Currency; the Board of Directors or thc Fcdcral Deposit Insurance Corporation; thc Director of lhc Officc o!"Thrirt 

Supervision; the National Credit Union Administration Board: the Securities and Exchange Commission: the Department of Justice: 

a registered entity; a registered futures association; a self-regulatory organization; a law enforcement organization; or a foreign 

regulatory authority or law enforcement organization'! 

Yes No 

2. Arc you providing this information pursuant to a coopcralion agrccmcnl with lhc CTTC or another agency or organiLation? 

Yes No 

3. Before you provided thi~ information, did you (or anyone representing you) receive any reque~t, inquiry or demand that relate~ 

to the suhject matter of this ~uhmi~sion (i) from the Cl-TC. (ii) in connection with an investigation, inspection or examination hy 

any registered entity, registered futures as~ociation or ~elf-regulatory organization, or (iii) in connection \Vith an investigation hy the 

Congress. or any other federal or stale authority? 

Yes No 

4. Are you currently a subject or target of a criminal inve~tigation, or have you heen convicted of a criminal violation, in 

connection with the information that you are suhmitting to the CFTC? 

Ye~ No 

5. Did you acquire the information being provided to the CFTC from any per~on de~cribed in Que~tion~ I through 4 above' 1 

Ye~ No 

6. If you answered ''Yes" to any of Questions I through 5 above, please provide details. 

11 
.b)(3)7USC .. R . db)(3)7USC 

TCR Number. 26/hl/21/Al /CEAl CONFIDENTIAL Sbu m1ss1on eceive 26(h)(2)(A) (CEA) 

G. WHISTLEBLOWER'S DECLARATION 

I declare under penalty of perjury under lhe laws of the United Stales that the infonnalion eonlained herein is lrue, eorreel and 

complete to lb.: best of my knowledge, information and belief. I fully undersland that I may be subj.::cl lo pro~eculion and ineligible 

for a whistleblower award if. in my submission of information, my other dealings with lhe Commodity Fulur.::s Trading 

Commission, or my dealings with another authority in connection with a rdat.::d aclion, I knowingly and willfully make any false, 

fictitious or fraudulent statements or representations, or use any fabe writing or document knowing that the writing or document 

contains any false, fictitious or fraudulent statement or entry. 

Print l\"ame 

(b)(3)7USC 

&?R/h1/?1/A1 W.FA1 

Check this hox to agree to agree with the declaration above. Date 

(b)(3)7USC 

§26(h)(2)(A) 

H. COUNSEL CERTIFICATION 

I certify that I have revi.::wed lhis form fur completene~s and accuracy and that the information contained her.::in is lrue, correct and 

cumpkt.:: lo the b.::st of my knowledge, information and belief. 

I further cerlify lhal I hav.:: v.::rified the id.::nlity of the whistkblower on who~e behalf this form is b.::ing submiued by viewing the 

whistleblower"s valid, unexpired government issued identification (e.g., driver's license, passport) and will retain an miginaL 

signed copy of this form. with Section F signed by the whistle blower, in my records. I further certify that I have obtained the 

whistleblower's non-waivable consent to provide the Commodity Futures Trading Commission with his or her original signed Form 

TCR upon request in the event that the Commodity Futures Trading Commission requests it due to concerns that the whistleblower 

may have knowingly and willfully made fabe. fictitious or fraudulent statements or representations, or used any false writing or 

document knowing that the writing or document contains any false. fictitious or fraudulent statement or entry; and that I consent to 

be legally obligated to do so within ~even (7) calendar days of receiving such a reque~t from the Commodity Future~ Trading 

Commission. 

Print Name of Attorney and Law Firm, if Applicable 

Check this box to agree with the declaration above. Date 

I agree to the colkction, processing, us.: and disclosure of my per~onal information as ~tat.::d in the Privacy Acl Stat.::ment and 

the privacy policy for www.cflc.gov. 

FILES UPLOADED 

:'.'J/A 

12 
.b)(3)7USC .. R . d b)(3)7USC TCR Number. 26/hl/21/Al /CEAl CONFIDENTIAL Sbu m1ss1on eceive : 26/hl/2]/Al /CEA] 

Privacy Act Statement 

This notice is given um.kr the Privacy Act of 1974. The Privacy Act requir.::s thal th.: Commodity Futur.::s 

Trading Commi~sion (Cl-TC) inform individuals of the following when asking for information. The ~olicitation of 

this information i~ authorized under the Commodity Exchange Act. 7 U.S.C. *1 et .1ec1. Thi~ form may be u~ed by 

anyone wi~hing to provide the CFTC with information concerning a violation of the Commodity Exchange Act or 

the CFTC's regulations. If an individual is submitting this information for the CFTC's whistleblower award program 

pur~uanl lo Section 23 of the Commodity Exchange Act, the in!"onnalion provided will be used to enable the CFTC 

to determine the individual'~ eligibility for payment of an award. This information will he used to investigate and 

pro~ecute violation~ of the Commodity Exchange Act and CFTC'~ regulations. Thi~ information may be di~clo~ed to 

federal, state. local or foreign agencies or other authorities responsible for investigating. prosecuting, enforcing or 

impkmenting law~, rule~ or regulations implicated by the in!"ormalion cunsist.::nl wilh lb.: confidenlialily 

requirements ~ct fm1h in Section 23 of the Commodity Exchange A.ct and Part 165 of the CFTC'~ regulations. The 

information \viii he maintained and additional disclo~ure~ may he made in accordance with Sy~tem of Records 

Notice~ CFfC-49. "Whi~tleblower Record<' (exempted), CFfC-1 U. CFTC-10. "Investigatory Records·• (exempted). 

and CFTC-16, ''Enforcement Case Files." Furnishing the information is voluntary. However, ifan individual is 

providing information for the whistleblower award program, not providing required information may result in the 

individual not being eligible for award con~ideration. 

Questions concerning this form may be directed to: Commodity Futures Trading Commission, 

Whistleblower Office. Three Lafayette Centre. 1155 21" Street, ::--IW, Washington, DC 20581. 

Submission Procedures 

• If you are submitting information for the CFTC's whistleblower award program, you mus/ submit your 

information u~ing lhis Form TCR. 

• You may submit this form electronically, through the web portal found on the CFTC's website at 

http://1nrw.l:ftc.xm·. You may abo prinl lhi~ form and submit il by mail lo: Commodity Future~ Trading 

Commission. Whislkblow.::r Office. Three Lafayclt.:: Centr.::, 1155 21 sl Stred. NW, Washington. DC 20581, or by 

facsimile to (202) 418-5975. 

• You have lhe right lo submit information anonymously. I lowever. in ord.::r lo r.::ceive a whi~lleblow.::r 

award, you will need to he identified to Cl-TC ~taff for a final eligihility determination, and in unu~ual 

13 
. . . [bJ(3)7USC TCR Number (b)(3) 7 USC ~')C:fh\f')\f/\\ f('C:/\\ CONFIDENTIAL Subm1ss1on Received: 26/h)/2)/A) /CEA) 

circumstances, you may need to be identified publicly for trial. You should therefore provide some means for the 

CFTC's staff to contact you, ~uch as a telephone number or an e-mail addrc~~-

Instructions for Completing Form TCR 

General 

• All references to "you" and "your" arc intended to mean the whistlcblowcr. 

Section A: Tell Us About Yourself 

Que~tion~ 1-14: Please provide the following information about youVielf: 

• last name, first name and middle initial; 

• complete address. including city, stat.: and zip code; 

• telephone number and, if available, an alternate number where you can be reached: 

• your e-mail address (to facilitate communication~, we ~trongly encourage you to provide an e-mail 

addre~~- especially if you are filing anonymously); 

• your prefeJTed method of communication: and 

•your occupation. 

Section B: Your Attorney's Information 

Complete this section only if you are represented by an attorney in this matter. 

Questions 1-10: Provide th.: following information about your attorney: 

• attorney's name: 

• firm name; 

• complete addre~~- including city. state and zip code: 

• telephone number and fax number: and 

•e-mail addr.::ss. 

Section C: Tell Us Who You Are Complaining About 

Que~tion~ 1-2: Choose one of the following that best describes the individuars profession or the type of entity to 

which your complaint relates: 

• t'or lndi,•iduals: accountant, analyst, as~ociated per~on. attorney, auditor, broker, commodity trading 

advi~or. commodity pool operator. compliance officer. employee. executing broker. executive officer or 

director. financial planner. floor broker, floor trader, trader. unknown or other (specify). 

14 
b)(3)7USC .. R . d b)(3)7USC TCR Number: 2B(h)(2)(A) (CEA) CONFIDENTIAL Sbu m1ss1on eceive : ?R/h)/?)/A) /(;FA) 

• t'or Entities: hank, commodity pool, commodity pool operator, commodity trading advi~or, futures 

commi~~ion merchant. hedge fund. introducing broker. major swap participant. retail foreign exchange 

dealer. swap dealer. unknown or other (specify). 

Questions 3-12: For .::ach individual and/or entity. provide the following information. if known: 

• full name 

• complete address. including city, state and zip code; 

• telephone number; 

• e-mail address: and 

• internet address, if applicable. 

Question 13: If you are complaining about a firm or individual that has custody or control of your investments. 

indicate if you have had difficulty contacting that entity or individual. 

Question 14a: Indicate if you arc or were as~ociatcd with the individual or firm when the alleged conduct 

occurred? 

Que~tion 146: If the an~wer to Que~tion 14a is yes, describe how you are or were a~sociated with the individual or 

firm you are complaining about. 

Que~tion 15a: Indicate what the initial form of contact hel\veen you and the per~on against vdmm you are filing 

thi~ complaint. 

Que~tion 156: If the ans\ver to question 15a is "Other ... please provide details. 

Section D: Tell Lis About Your Complaint 

Question 1: Stale the date (mm/dd/yyyy) that the alleged conduct occurred or began. 

Que~tion 2: Indicate whether this conduct i~ on-going 

Que~tion 3a: Choo~e the following option that you believe best de~cribes your complaint. If you are alleging 

more than one violation, please list all that you believe may apply. 

• Fraudulent representations that per~uaded you to trade futures, option~, swap~, forex, or leveraged 

tran~action~ 

• Some type of cheating or fraud that occurred after you had deposited funds to trade futures, options, 

swap~, forex, retail commodity. or leveraged tran~action~ (for example, if ~omeone used the fund~ you 

15 
TCR Number (b)(3) 7 USC CONFIDENTIAL Sb .. R . d(b)(3)7USC u m1ss1on eceive E; 2B/hl/2 ~')"fh\f')\fA\ fr"'C:A\ l/Al /CEAl 

deposited to pay off someone else or you have asked for the return of your funds and have been 

rcfu~ed). 

• Someone or some firm that should be registered under the Commodity Exchange Act. but is not. 

• Di~ruptive or manipulative trading activity in the futures, option~ or swap~ markets. 

• The trading of futures options. or swaps based upon confokntial information by someon.:: not allowed to 

me ~uch information. 

• Complaint docs not fit into any of th.: above-dc~cribcd categoric~. 

Que~tion 3b: If your complaint does not fit into any of the above-described categories plea~e describe below. 

Que~tion 4a: Choo~e the following option that you believe best de~cribes the type of financial product or 

investment at issue. if applicable: 

• A future~ contract, including a single ~tock futures contract, a narrow based or broad based ~ecurity 

future contract: 

• An option on a futures contract. an option on a commodity, BUT :-.JOT an option on a ~ecurity or a 

ba~ket of ~ecurities; 

• A swap, including a mixed ~wap, BUT NOT a ~wap ba~ed on a ~ingle ~ecurity or based on a narrow 

(i.e., nine or less) index of securities; 

• A cash (or physical) contract traded in interstate commerce; 

• A foreign currency transaction; 

• A commodity transaction entered into or offered on a leveraged or margined basis. or financed by the 

offcror. the count.::rparty. or someone acting in concert with the offrror or countcrparty; 

• Other 

Question 46: If"/\. foreign currency transaction'' is ~elected, state whether you or an individual trade~ or invests 

more than S 10,000,000 on a discretionary ba~i~. 

Que~tion 4c: lf"A foreign currency transaction" is ~elected, state whether you are individual that trades or 

invests more than S5,000.000 and enters into the foreign currency agreement to manage the risk 

associated with some other asset or liability. 

16 
b)(3)7USC .. R . d (b)(3)7USC TCR Number: 2B(h )(2)(A) (CEA) CONFIDENTIAL Sb u m1ss1on eceive : §2B(h)(2)(A) (CEA) 

Question 4d: lf"A commodity transaction entered into or offered on a leveraged or margined basis, or financed 

hy the offeror, the countcrparty, or someone acting in concert with the ol1Crur or counterparty" is 

~elected, ~tate whether you are an individual that trades or inve~t~ more than S10,000,000 on a 

discretionary ba~i~. 

Que~tion 4f: lf"A commodity transaction entered into or offered on a leveraged or margined basis, or financed 

by the offeror. the counterparty. or someone acting in concert with the offeror or counterparty'· is 

s.::kctcd, stale whdhcr you arc an im.lividual that trad.::s or invests more than SS,000,000 and enter~ 

into the foreign currency agreement to manage the risk associated with ~ome other asset or 

liability. 

Question 4g: lf"Other" is selected, please provide details. 

Question 5: Provide the name of the financial product or investm.::nl. if applicable. 

Question 6a: Stale whdhcr you suUCred a mondary loss. 

Que~tion 6h: If the ans\ver to Question 6a i~ ye~, ~tate how much. 

Que~tion 7: State whether the individual or firm who engaged in the conduct acknowledged their fault. 

Question 8a: State whether you or anyone else has taken action against the firm or person who engaged in the 

alleged conduct. 

Que~tion 8b: If the answer to Question 8b is yes, indicate whether you or ~omeone ehe complained to the 

CFTC, another regulator, a law enforcement agency. or initiated legal action in the court oflaw. 

Question 8c: If the answer to Question 8a is yes, provide details. including the date on which you (or someone 

ds.::) look the action(s) described, the name of the person or entity to whom you (or ~omconc eb.::) 

directed any report or complaint, and contact information for the person or entity, if known, and 

the complete ca~e name, case number, and forum of any legal action you have taken. 

Question 9: State in detail all facts pertinent to the alleged violation. Explain why you believe the facts 

dc~cribcd constitute a violation of the Commodity Exchang.:: Act. 

Que~tion 10: Describe all supporting materiah in your posse~sion. cu~tody or control. and the availability and 

location of additional ~upporting materials not in your possession, cmtody or control. 

Section E: Whistleblo\\'er Program 

17 
(b)(3)7USC .. R . d(b)(3)7USC CONFIDENTIAL Sb TCR Number: §2B(h)(2)(A) (CEA) u m1ss1on eceive §2B(h)(2)(A) (CEA) 

Question 1: Describe how you obtained the information that supports your allegations. If any information was 

obtain.::d from an allorncy or in a communication whcr.:: an attorney was pr.::scnl. identify such 

information with as much particularity as po~~ible. In addition, if any information was ohtained 

from a public source. identify the source with as much particularity as po~~ible. 

Que~tion 2: Identify any documents or other information in your submi~sion on this Form TCR that you 

believe could reasonably be expected to reveal your identity. Explain the basis for your belief that 

your identity would be rcvcakd if the docum.::nls or information wcr.:: di~clos.::d to a third party. 

Que~tion 3a: State whether you or your attorney have had any prior communication(~) with the CITC 

concerning thi~ matter. 

Question 3b: If the answer to Question 3a is yes. identify the CFfC staff member(s) with whom you or your 

attorney communicat.::d. 

Question 4a: Indicate whcth.::r you or your attorney hav.:: provided the information you arc providing to the 

CFrC to any other agency or organization, or whether any agency or organization has reque~ted 

the information or related information from you. 

Question 4b: If the answer to Question 4a is yes, provide details. 

Que~tion 4c: If the ans\ver to Question 4a i~ ''ye~·', provide the name and contact information of the point of 

contact at the other agency or organization. if known. 

Question Sa: Indicate whether your complaint relates to an entity of which you are, or were in the past. an 

officer. director. counsel. employee. consultant or contractor. 

Question 56: Ir th.: answer lo Question Sa is y.::s, ~late whether you have reported this violation to your 

~upervisor. compliance office, \vhistleblower hotline. ombudsman, or any other available 

mechani~m at the entity for reporting violation~. 

Question Sc: If the answer to Question Sb is yes. provide details including the date you took the action(s). 

Question 6a: Indicate whcth.::r you have taken any other action regarding your complaint, including whether you 

complained to the CITC, another regulator. a law enforcement agency, or any other agency or 

organization; or initiated legal action, mediation, arhitration, or any other action. 

Que~tion 6b: If you an~wered yes to Question 6a. provide details, including the date on which you took the 

action(s) described, the name of the person or entity to whom you directed any report or 

18 
(b)(3)7USC .. R . d(b)(3)7USC TCR Number S?R/h 11?1/A1 /(;FA 1 CONFIDENTIAL Sbu m1ss1on eceive ~26(hl(2l(Al (CEA) (bl(6l 

complaint, and contact information for the person or entity, if known, and the complete case name, 

case number. and forum of any legal action you hav.:: tak.::n. 

Que~tion7: Provide any additional information you think may he relevant. 

Que~tion 8: State whether you cho~e to share your identifying information with government authoritie~. Other 

governmental authonties may 111clude: The Department of Ju~t1ce: an appropriate department or 

agency oJ the Federal Gm·ernment: a state attorney general: any apprnpnate ~late department or 

agency: or a foreign governrnc:ntal authority A~ a whi~tkhlower. you have conJ"idc:nliality 

prot.::ction~ and w.:: may only reveal your identity und.::r certain condition~. including with your 

cnn~ent. as enumerated in 17 CY.R. ~ 165.4.Ynu may choo~e nnt to consent. lfynu do not 

con~ent. we will mamtam your identity as co111"1dential as requJJ"ed by 17 C.F.R. ~ 165.4. 

Section F: Whistleblower Eligibility Requirements and Other Information 

Question 1: State whether you are currently, or were at the time that you acquired the original 

information that you are submitting to the CFTC, a member, officer or employee of: the 

CFTC; the Board of Governors of the Federal Reserve System; the Office of the 

Comptroller of the Currency; the Board of Directors of the Federal Deposit Insurance 

Corporation; the Director of the Office of Thrift Supervision; the National Credit Union 

Administration Board; the Securities and Exchange Commission; the Department of 

Justice; a registered entity; a registered futures association; a self-regulatory 

organization; a law enforcement organization; or a foreign regulatory authority or law 

enforcement organization. 

Question 2: State whether you are providing the information pursuant to a cooperation agreement 

with the CFTC or with another agency or organization. 

Question 3: State whether you are providing this information before you (or anyone representing you) 

received any request, inquiry or demand that relates to the subject matter of this 

submission (i) from the CFTC, (ii) in connection with an investigation, inspection or 

examination by any registered entity, registered futures association or self-regulatory 

19 
(b)(3)7USC CONFIDENTIAL Submission Received (b)(J) 7 USC TCR Number S?R/h 11?1/A1/(;FA1 &?R/h1/?1/A1 W.FA1 

organization, or (iii) in connection with an investigation by the Congress, or any other 

federal or state authority. 

Question 4: State whether you are currently a subject or target of a criminal investigation, or whether 

you have been convicted of a criminal violation, in connection with the information you 

are submitting to the CFTC. 

Question 5: State whether you acquired the information you are providing to the CFTC from any 

individual described in Questions 1 through 4 of this section. 

Question 6: If you answered "Yes" to any Questions 1 through 5, please provide details. 

Section G: Whistleblower's Declaration 

You must sign this Declaration if you are submitting this information pursuant to the CFTC 

whistleblower program and wish to be considered for an award. If you are submitting your information 

using the electronic version of Form TCR through the CFTC's web portal, you must check the box to 

agree with the declaration. If you are submitting your information anonymously, you must still sign this 

Declaration (using the term "anonymous") or check the box as appropriate, and, if you are represented by 

an attorney, you must provide your attorney with the original of this signed form, or maintain a copy for 

your own records. If you are not submitting your information pursuant to the CFTC whistleblower program, 

you do not need to sign this Declaration or check the box. 

Section H: Counsel Certification 

If you are submitting this information pursuant to the CFTC whistleblower program and you are doing 

so anonymously through an attorney, your attorney must sign the Counsel Certification Section. If your 

attorney is submitting your information using the electronic version of Form TCR through the CFTC's web 

portal, he/she must check the box to agree with the certification. If you are represented in this matter but 

you are not submitting your information pursuant to the CFTC whistleblower program, your attorney does 

not need to sign this Certification or check the box. 

20