IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF TEXAS 

HOUSTON DIVISION 

COMMODITY FUTURES TRADING 

COMMISSION, 

Plaintiff, 

v. CIVIL ACTION NO. H-19-2901 

EOX HOLDINGS L.L.C. and 

ANDREW GIZIENSKI, 

Defendants. 

FINAL JUDGMENT 

In accordance with the verdict of the jury, the stipulations 

and agreements of the parties, the evidence at trial, and the 

rulings of the court, the court ORDERS, ADJUDGES, and DECREES that 

1. Plaintiff, Commodity Futures Trading Commission ("CFTC"

or "Plaintiff"), recover civil penalties of $7,000,000 from EOX 

Holdings LLC ( "EOX" ) and Andrew Gizienski ("Gizienski") 

(collectively, "Defendants"), jointly and severally, pursuant to 

the verdict of the jury on Count II. 

2. CFTC recover civil penalties of $490,000 from EOX

pursuant to the verdict of the jury on Counts III and IV. 

3. CFTC recover post-judgment interest on such amounts.

4. Pursuant to Section 6c of the Commodity Future Trading

Act (the "Act"), 7 U.S.C. § 13a-1, EOX and Gizienski are 

United States District Court

Southern District of Texas

ENTERED

August 15, 2022

Nathan Ochsner, Clerk

Case 4:19-cv-02901 Document 264 Filed on 08/15/22 in TXSD Page 1 of 7
permanently restrained, enjoined, and prohibited from directly or 

indirectly: 

a. Disclosing the orders of other customers held by

them or any affiliated persons, unless such

disclosure is necessary to the effective execution

of such order or is made at the request of an

authorized representative of the CFTC, the

contract market on which such order is to be

executed, or a futures association registered with

the CFTC pursuant to section 17 of the Act, in

violation of Regulation 155.4(b) (1), 17 C.F.R.

§ 15 5 . 4 ( b) ( 1 ) ( 2 O 21 ) ; and

b. Knowingly taking, directly or indirectly, the

other side of any order of another person revealed

to the them or any affiliated persons by reason of

their relationship to such other person, except

with such other person's prior consent and in

conformity with contract market rules approved by

or certified to the CFTC, in violation of

Regulation 155.4 (b) (2), 17 C.F.R. § 155.4 (b) (2)

(2021) .

5. Pursuant to Section 6c of the Act, 7 U.S.C. § 13a-1, EOX

is permanently restrained, enjoined, and prohibited from directly 

or indirectly failing to 

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a. Make and maintain for a period of one year copies

of all oral communications and for five years

copies of all written communications provided or

received concerning quotes, solicitations, bids,

offers, instructions, trading, and prices that lead

to the execution of a transaction in a commodity

interest and any related cash or forward

transactions (but not oral communications that lead

solely to the execution of a related cash or

forward transaction) , whether transmitted by

telephone, voicemail, facsimile, instant messaging,

chat rooms, electronic mail, mobile device, or

other digital or electronic media (for purposes of

this section, all communications described in this

paragraph are referred to as "oral pre-trade

communications" if transmitted orally or as

"written pre-trade communications" if transmitted

in writing, and all such communications are 

referred to 

communications"), 

1.35 (a) (1) (iii), 

(2021); and 

collectively as "pre-trade 

as required by Regulation 

17 C.F.R. § 1.35(a)(l)(iii)

b. Keep and maintain all other regulatory records

required to be kept by the Act and Regulations for

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a period of not less than five years from the date 

on which the record was created, as required by 

Regulation 1.31 (b) (2) - (3), 

§ 1. 31 ( b) ( 2 ) -( 3 ) ( 2 O 21 ) ; and

17 C.F.R. 

c. Diligently supervise the handling by its partners,

officers, employees, and agents (or persons

occupying a similar status or performing a similar

function) of all commodity interest accounts 

carried, 

and all 

operated, 

other 

advised or introduced by EOX 

activities of its partners, 

officers, employees, and agents (or persons 

occupying a similar status or performing a similar 

function) relating to its business as a CFTC 

registrant, as required by Regulation 166. 3, 17 

C.F.R. § 166.3 (2021).

6. Gizienski is restrained, enjoined, and prohibited for a

period of 120 days from the entry of this Final Judgment from 

directly or indirectly: 

a. Trading on or subject to the rules of any

registered entity (as that term is defined in

Section la(40) of the Act, 7 U.S.C. § la(40));

b. Entering into any transactions involving

"commodity interests" (as that term is defined in

Regulation 1.3, 17 C.F.R. § 1.3 (2021), for his

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own personal account or for any account in which 

he has a direct or indirect interest; 

c. Having any commodity interests traded on his

behalf;

d. Controlling or directing the trading for or on

behalf of any other person or entity, whether by

power of attorney or otherwise, in any account

involving commodity interests;

e. Soliciting, receiving, or accepting any funds from

any person for the purpose of purchasing or

selling any commodity interests;

f. Applying for registration or claiming exemption

from registration with the CFTC in any capacity,

and engaging in any activity requiring such

registration or exemption from registration with

the CFTC, except as provided for in Regulation

4.14(a) (9), 17 C.F.R. § 4.14(a) (9) (2021); and

g. Acting as a principal (as that term is defined in

Regulation 3.l(a), 17 C.F.R. § 3.l(a) (2021)),

agent, or any other officer or employee of any

person (as that term is defined in 7 U.S.C.

§ la(38)), registered, exempted from registration

or required to be registered with the CFTC, except 

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

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7. EOX is ORDERED to

Implement policies and procedures within sixty

(60) days of the entry of this Final Judgment

requiring: 

(1) Daily, monthly, and annual reviews of trading

in any account directed by any associated

person or other employee;

(2) Mandatory training for all associated persons

and other employees involved in the handling,

administration, or access to records of

customer orders regarding:

i. Handling of confidential, non-public 

information relating to EOX customers; 

and 

ii. Conflicts of interest in brokering 

commodity trades. 

8. The injunctive and equitable relief provisions of this

Final Judgment shall be binding upon Defendants, upon any person 

under their authority or control, and upon any person who receives 

actual notice of this Final Judgment, by personal service, e-mail, 

facsimile, or otherwise insofar as he or she is acting in active 

concert or participation with Defendants. 

9. The court shall retain jurisdiction of this action to

ensure compliance with this Final Judgment and for all other 

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purposes related to this action, including any motion by Defendants 

to modify or for relief from the terms of this Final Judgment. 

10. Costs that are allowed under 28 U.S.C. § 1920 will be

taxed against Defendants EOX and Gizienski. Pursuant to Local 

Rule 54.2, Plaintiff shall file an application for costs within 14 

days of the entry of this Final Judgment. 

11. All other relief requested by Plaintiff and Defendants

is DENIED.

This is a FINAL JUDGMENT. 

SIGNED at Houston, Texas, on this 15th day of August, 2022. 

SIM LAKE 

SENIOR UNITED STATES DISTRICT JUDGE 

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