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UNITED STATES OF AMERICA 

Before the 

COMMODITY FUTURES TRADING COMMISSION 

 ) 

In the Matter of: ) 

) 

Ted Brent Alexander, ) 

) CFTC Docket No. SD 21-01

Registrant. ) 

 ) 

 ) 

OPINION AND ORDER ACCEPTING OFFER OF SETTLEMENT OF 

TED BRENT ALEXANDER

I. INTRODUCTION

On September 3, 2021, the Commodity Futures Trading Commission (“Commission”) 

issued a Notice of Intent To Suspend or Modify Registration Pursuant to Section 8a(11) of the 

Commodity Exchange Act (“Notice”) against Ted Brent Alexander (“Alexander”). The Notice 

alleged that Alexander’s registrations as a Commodity Trading Advisor (“CTA”) and Associated 

Person (“AP”) are subject to statutory suspension pursuant to Section 8a(11) of the Commodity 

Exchange Act, (the “Act”), 7 U.S.C. § 12a(11) (2018). To resolve this matter, Alexander has 

submitted an Offer of Settlement (“Offer”) that the Commission has determined to accept. 

Alexander acknowledges service of this Opinion and Order Accepting Offer of 

Settlement (“Order”). To effect settlement of the matters alleged in the Notice and this Order, 

without taking testimony and prior to any adjudication on any issue of fact or law by the 

Commission, Alexander consents to the entry of this Order.1

II. FINDINGS

The Commission finds the following: 

 

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 Alexander consents 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 Commission or to which the 

Commission is a party or claimant, and agrees that they shall be taken as true and correct and be 

given preclusive effect therein, without further proof. Alexander does not consent, however, to 

the use of this Order, or the findings or conclusions herein, as the sole basis for any other 

proceeding brought by the Commission or to which the Commission is a party or claimant, other 

than: a proceeding in bankruptcy or receivership; or a proceeding to enforce the terms of this 

Order. Alexander does not consent to the use of the Offer or this Order, or the findings or 

conclusions in this Order, by any other party in any other proceeding. 
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A. SUMMARY 

 Alexander is registered as a CTA and an AP. 

On February 25, 2020, the U.S. Attorney for the Southern District of Mississippi filed an 

indictment in United States v. Alexander et al., No. 3:20-cr-00031 (S.D. Miss.) charging 

Alexander with the commission of, or participation in, crimes involving violations of federal law 

that reflect on the honesty or the fitness of Alexander to act as a fiduciary and that are punishable 

by imprisonment for a term exceeding one year. 

These alleged facts constitute grounds for statutory suspension of Alexander’s 

registrations under Section 8a(11) of the Act, 7 U.S.C. §12a(11) (2018). 

B. REGISTRANT 

Ted Brent Alexander has been registered with the Commission as a CTA and an AP 

since October 8, 2008. 

C. FACTS 

On February 25, 2020, the United States Attorney for the Southern District of Mississippi 

filed an indictment in United States v. Alexander et al., No. 3:20-cr-00031 (S.D. Miss.) which 

charged Alexander with three federal felonies. More specifically, the indictment charged 

Alexander with one count of conspiracy to commit securities and commodities fraud in violation 

of 18 U.S.C. § 1349, one count of securities and commodities fraud in violation of 18 U.S.C. § 

1348; and four counts of wire fraud in violation of 18 U.S.C. § 1343. 

The indictment charges Alexander with the commission of, or participation in, crimes 

involving violations of federal law that reflect on the honesty or the fitness of Alexander to act as 

a fiduciary and that are punishable by imprisonment for a term exceeding one year. 

 

III. LEGAL DISCUSSION

Alexander’s registrations are subject to statutory suspension under the Act based on the 

Indictment filed against him. Pursuant to Section 8a(11) of the Act, 7 U.S.C. § 12a(11) (2018), 

the Commission may suspend or modify the registration of any person if cause exists under 

Section 8a(11) which would warrant a suspension of such person. 

Section 8a(11) authorizes the Commission to suspend or modify the registration of any 

Commission registrant if it is found, after opportunity for hearing, that the Commission registrant 

has been a) charged in any information, indictment, or complaint authorized by a United States 

attorney with the commission or participation in a crime involving a violation... of any provision 

of federal or state law that would reflect on the honesty or fitness of the person to act as a 

fiduciary; b) such crime is punishable by imprisonment for a term exceeding one year; and c) the 

Commission determines that continued registration of the person may pose a threat to the public 

interest or may threaten to impair public confidence in any market regulated by the Commission. 
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Alexander is a registrant, subject to an Indictment pending in the District Court in the 

Southern District of Mississippi charging him with felonies, which form the basis for statutory 

suspension of his registrations under Section 8a(11) of the Act. 

IV. OFFER OF SETTLEMENT

Alexander has submitted an Offer in which, without admitting or denying the 

allegations in the Notice or this Order, or the findings and conclusions herein, he: 

A. Acknowledges service of the Notice and this Order; 

B. Admits the jurisdiction of the Commission with respect to all matters set forth in the 

Notice and 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. A hearing; 

2. All post-hearing procedures; 

3. Judicial review by any court; 

4. Any and all objections to the participation by any member of the Commission’s 

staff in the Commission’s consideration of the Offer; 

5. Any and all claims that he may possess under the Equal Access to Justice Act, 

5 U.S.C. § 504 (2018), and 28 U.S.C. § 2412 (2018), and/or the rules promulgated 

by the Commission in conformity therewith, Part 148 of the Regulations, 

17 C.F.R. pt. 148 (2020), relating to, or arising from, this proceeding; 

6. Any and all claims that he may possess under the Small Business Regulatory 

Enforcement Fairness Act of 1996, Pub. L. No. 104-121, tit. II, §§ 201-53, 

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 

7. 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 of the Notice 

and the findings to which Alexander consented to in his Offer, which are incorporated in 

this Order; 

E. Consents, solely on the basis of the Offer, to the Commission’s entry of this Order that: 
1. Makes findings that Alexander is subject to a statutory suspension under Section 

8a(l 1) of the Act, 7 U.S.C. § 12a(l 1) (2018); 

2. Orders that Alexander's registrations as a commodity trading advisor and 

associate person are suspended; and 

3. Orders Alexander and his successors and assigns to comply with the conditions 

and undertakings consented to in the Offer and as set forth in Part V of this Order. 

Upon consideration, the Commission has determined to accept the Offer. 

V. ORDER 

Accordingly, IT IS HEREBY ORDERED THAT: 

A. Alexander's registrations as a Commodity Trading Advisor and Associated Person are 

suspended. 

B. Alexander and his successors and assigns shall comply with the following conditions and 

undertakings set forth in the Off er: 

1. Public Statements: Alexander agrees that neither he nor any of his successors and 

assigns, agents, or employees under his authority or control shall take any action 

or make any public statement denying, directly or indirectly, any findings or 

conclusions in this Order or creating, or tending to create, the impression that this 

Order is without a factual basis; provided, however, that nothing in this provision 

shall affect Alexander's: (i) testimonial obligations; or (ii) right to take legal 

positions in other proceedings to which the Commission is not a party. Alexander 

and his successors and assigns shall comply with this agreement, and shall 

undertake all steps necessary to ensure that all of his agents and/or employees 

under its authority or control understand and comply with this agreement. 

The provisions of this Order shall be effective as of this date. A copy of this Order shall be 

served on Alexander, on all contract markets, and on the National Futures Association. 

By the Commission. 

Christopher J. K1rkpatrick 

Secretary of the Commission 

Commodity Futures Trading Commission 

Dated: January 11, 2022 

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