Declaration of Ashley J. Burden Pursuant to 28 U.S.C. § 1746

I, Ashley J Burden make the following declaration based upon my personal knowledge:

1. I am currently employed as a Senior Trial Attorney for the Commodity Futures 

Trading Commission (“CFTC” or “Commission”) Division of Enforcement. I am counsel of 

record for the CFTC in the matter titled CFTC v. Long Leaf Trading Group, Inc., Case No. 1:20-

cv-03758 (N.D. Ill.).

2. I make this declaration in support of the CFTC’s motion for an order permitting 

alternative service upon defendant Andrew D. Nelson, pursuant to Federal Rule of Civil 

Procedure 4(e)(1).

3. As set forth below, diligent inquiry has been made as to the location of Nelson, 

and reasonable efforts to make service on Nelson have been unsuccessful. 

Attempted Service on Known Potential Addresses

4. In order to ascertain Nelson’s address, the CFTC utilized a skip-trading service 

offered by Thomson Reuters called CLEAR. CLEAR is an electronic database that collects 

information from, e.g., credit bureaus, utility providers, secretaries of state, and the internet to 

assist government agencies in locating persons. CLEAR showed only two addresses associated 

with Nelson from the past two years. 

5. The first address is 267 May St. E. in Elmhurst, IL. This is a single-family home 

owned by Nelson’s parents, David and Barbara Nelson. CLEAR reflects that this was last 

reported as Nelson’s address on June 19, 2020. 

6. The second address is 1000 S. Clark Street, Unit 1717 in Chicago, IL. This is a 

large residential high-rise building with a doorman. CLEAR reflects that this was last reported 

as Nelson’s address on August 9, 2019. The CFTC retained a process server to attempt service 

on both addresses.

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 1 of 27 PageID #:61
2

7. The process server twice attempted to serve Nelson at the Elmhurst address, on 

June 29 and 30. (Emails Among CFTC Staff and R. Short, Capital Process Services, Inc., Ex. A 

at 7-8.) On the second attempt, Nelson’s mother, Barbara Nelson, answered the door. (Id. at 5.) 

Mrs. Nelson advised the process server that Andrew Nelson is her son. (Id.) Mrs. Nelson 

advised the process server that Andrew Nelson no longer lives in the family home and that he 

lives elsewhere with his girlfriend. (Id.) Mrs. Nelson otherwise disclaimed any knowledge of 

her son’s whereabouts. (Id.)

8. The process server attempted to serve Nelson at the 1000 S. Clark Street address 

on July 10, 2020. (Id. at 1.) The doorman advised the process server that no Andrew Nelson 

resides within the building. (Id.)

Attempts to Determine Nelson’s Current Whereabouts

9. On July 6, 2020, CFTC staff called Mrs. Nelson on the telephone to ask if she 

knew where Andrew Nelson currently resided or is she could provide the name of Nelson’s 

girlfriend. Mrs. Nelson advised staff that they would have to find Nelson “some other way,” and 

hung up the phone. 

10. Staff attempted to determine the identity of Nelson’s girlfriend through Facebook 

to no avail. Nelson’s Facebook profile is non-public and does not reflect any relationship 

information. 

11. Staff for the CFTC also attempted to locate Nelson through his recent employers. 

Nelson’s LinkedIn profile reflects that Nelson is the managing partner of WEN Capital LLC, and 

has been since November 2019. (Nelson LinkedIn Profile, Ex. B at 2.) WEN Capital is not 

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 2 of 27 PageID #:62
3

registered in any capacity with the CFTC or the Securities and Exchange Commission. Staff has 

been unable to find a webpage or social media presence for WEN Capital.1

12. Nelson’s LinkedIn profile also reflects that Nelson from September 2019 through 

the present has been employed as a Senior Associate at Chicago Crypto Capital. (Id. at 2.) The 

office manager at Chicago Crypto advised CFTC Staff on July 13, 2020, that Nelson no longer 

works at the firm. Staff for the CFTC on July 13, 2020, left a phone message for the principal of

Chicago Crypto requesting a voluntary production of contact information for Nelson. No return 

call has been forthcoming.

Attempts to Communicate with Nelson

13. CFTC staff reached out directly to Nelson to apprise him of the above-captioned 

action and to request an up-to-date address. On July 1, 2020, Staff emailed Nelson at 

adnelson0503@gmail.com to provide him with a copy of the complaint. (Email from A. Burden, 

counsel for CFTC, to A. Nelson, Ex. C at 1.) On July 12, 2020, Staff emailed Nelson a second 

time to request an updated address in order to send a copy of the complaint and a waiver of 

service of process form. (Email from A. Burden, counsel for CFTC, to A. Nelson, Ex. D at 1.) 

Nelson has failed to respond to either email.

14. “adnelson0503@gmail.com” was the email address Nelson had been using to 

communicate with CFTC staff. (Id. at 1-2.) Prior to the filing of the complaint, Nelson appeared 

 1 It is unclear whether Nelson’s WEN Capital exists as a corporate entity. A WEN Capital LLC 

registered with the Illinois Secretary of State was involuntarily dissolved in 2017. A WEN Capital LLC 

is currently registered with the Delaware Secretary of State, but the only contact information publicly 

available is for a third-party agent for service of process. It is unclear whether this is Nelson’s WEN 

Capital.

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4

before the CFTC to provide sworn testimony on August 6, 2019, pursuant to an administrative 

subpoena. After the CFTC determined that Nelson had violated certain anti-fraud and 

registration provisions in the Act and Registration, CFTC staff provided Nelson with a written 

“Wells” notice on December 12, 2019. (Id. at 3.) The Wells notice apprised Nelson of the 

charges the CFTC intended to bring against him, and provided an opportunity to respond. 

15. Nelson confirmed receipt of the Wells notice, and on January 8, 2020, requested 

that the CFTC direct all communications to the adnelson0503@gmail.com address. (Id. at 2-3.) 

CFTC staff corresponded with Nelson over email about the Wells notice. (Id.) Nelson was 

initially responsive, but eventually ceased communications. (Id.)

16. To the extent the CFTC’s motion for alternative service qualifies as an ex parte

motion, counsel states that there is good cause to proceed on such basis, and no previous 

application for alternative service has been made.

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true 

and correct.

Executed on July 17, 2020 /s/ Ashley J. Burden

Counsel for Commodity Futures Trading Commission

Ashley J. Burden

aburden@cftc.gov

Commodity Futures Trading Commission

Division of Enforcement

525 W. Monroe St., Ste. 1100

Chicago, IL 60661

Phone: (312) 596-0700

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 4 of 27 PageID #:64
Ex. A

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 5 of 27 PageID #:65
From: Rebecca Short

To: Burden, Ashley; Pan, Stacie

Cc: Streit, Elizabeth M.; Bickham, Venice M.; nationwide@capitolprocess.com

Subject: [EXTERNAL] RE: RE: RE: RE: RE: RE: RE: RE: RE: Process Service for Ruth and Nelson

Date: Friday, July 10, 2020 9:12:28 AM

Attachments: image001.png

image002.png

image003.png

image004.png

image005.png

image006.png

Good morning Ashley,

Our server attempted at the below address, and it is a large high-rise condo building. The doorman

there advised that there is no Andrew Nelson living in Unit 1717, nor within the building.

Please let me know if you have any questions.

--

Rebecca Short

Out-Of-State Department

Capitol Process Services, Inc.

1827 18th Street, NW

Washington, DC 20009

P: 202-667-0050

F: 202-667-2520

nationwide@capitolprocess.com

From: Burden, Ashley [mailto:ABurden@CFTC.gov] 

Sent: Wednesday, July 8, 2020 6:17 PM

To: Rebecca Short <rshort@capitolprocess.com>; Pan, Stacie <SPan@CFTC.gov>

Cc: Streit, Elizabeth M. <estreit@CFTC.GOV>; Bickham, Venice M. <vbickham@CFTC.GOV>;

nationwide@capitolprocess.com

Subject: RE: RE: RE: RE: RE: RE: RE: RE: RE: Process Service for Ruth and Nelson

Rebecca:

For Andrew Nelson, could you please try service at:

1000 S CLARK ST UNIT 1717 CHICAGO, IL 60605-2195

He may be living with his girlfriend (we don’t know her name) and he will definitely try to evade

service.

Thanks,

A

1

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 6 of 27 PageID #:66
Ashley J. Burden

Senior Trial Attorney/Chicago Regional Office

Division of Enforcement

Commodity Futures Trading Commission

312-596-0693

aburden@cftc.gov

From: Rebecca Short [mailto:rshort@capitolprocess.com] 

Sent: Tuesday, July 7, 2020 11:29 AM

To: Pan, Stacie; Burden, Ashley

Cc: Streit, Elizabeth M.; Bickham, Venice M.; nationwide@capitolprocess.com

Subject: [EXTERNAL] RE: RE: RE: RE: RE: RE: RE: RE: Process Service for Ruth and Nelson

Hi Stacie and I hope you had a great holiday weekend, as well.

Understood, and I will let our server know. They had instructions to attempt service again this week,

but did stop by the house over the weekend just in case, but still received no answer there. Please

let me know if you need anything else or if I can assist in any other way.

Thank you!

--

Rebecca Short

Out-Of-State Department

Capitol Process Services, Inc.

1827 18th Street, NW

Washington, DC 20009

P: 202-667-0050

F: 202-667-2520

nationwide@capitolprocess.com

From: Pan, Stacie [mailto:SPan@CFTC.gov] 

Sent: Tuesday, July 7, 2020 12:24 PM

To: Rebecca Short <rshort@capitolprocess.com>; Burden, Ashley <ABurden@CFTC.gov>

Cc: Streit, Elizabeth M. <estreit@CFTC.GOV>; Bickham, Venice M. <vbickham@CFTC.GOV>;

nationwide@capitolprocess.com

Subject: RE: RE: RE: RE: RE: RE: RE: RE: Process Service for Ruth and Nelson

Rebecca –

2

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 7 of 27 PageID #:67
I hope that you had a good holiday. Jeremy Ruth has waived service. We don’t need service on him

anymore. Thank you for all your help.

Stacie

From: Rebecca Short [mailto:rshort@capitolprocess.com] 

Sent: Thursday, July 2, 2020 10:42 AM

To: Burden, Ashley; Pan, Stacie

Cc: Streit, Elizabeth M.; Bickham, Venice M.; nationwide@capitolprocess.com

Subject: [EXTERNAL] RE: RE: RE: RE: RE: RE: RE: Process Service for Ruth and Nelson

Understood, and I have advised them of the same. I will keep you posted on their subsequent

attempts once those are made.

Thank you!

--

Rebecca Short

Out-Of-State Department

Capitol Process Services, Inc.

1827 18th Street, NW

Washington, DC 20009

P: 202-667-0050

F: 202-667-2520

nationwide@capitolprocess.com

From: Burden, Ashley [mailto:ABurden@CFTC.gov] 

Sent: Thursday, July 2, 2020 11:40 AM

To: Rebecca Short <rshort@capitolprocess.com>; Pan, Stacie <SPan@CFTC.gov>

Cc: Streit, Elizabeth M. <estreit@CFTC.GOV>; Bickham, Venice M. <vbickham@CFTC.GOV>;

nationwide@capitolprocess.com

Subject: RE: RE: RE: RE: RE: RE: RE: Process Service for Ruth and Nelson

Thanks, Rebecca. I think we have to keep trying. Ruth may have gone out of town for the Fourth of

July weekend. Maybe pick it up again next week.

A

Ashley J. Burden

Senior Trial Attorney/Chicago Regional Office

Division of Enforcement

Commodity Futures Trading Commission

312-596-0693

aburden@cftc.gov

3

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 8 of 27 PageID #:68
From: Rebecca Short [mailto:rshort@capitolprocess.com] 

Sent: Thursday, July 2, 2020 8:32 AM

To: Burden, Ashley; Pan, Stacie

Cc: Streit, Elizabeth M.; Bickham, Venice M.; nationwide@capitolprocess.com

Subject: [EXTERNAL] RE: RE: RE: RE: RE: RE: Process Service for Ruth and Nelson

Good morning all,

Our server in Austin, TX have continued their attempts to serve Jeremy Ruth, however still have

received no answer at the door. They attempted again last evening at 7:35 PM, and did not see any

cars in the driveway or lights on inside the residence. The server was able to speak with a neighbor

across the street who was not exactly sure if Ruth was the person living there, but they did state

whoever does live there may telecommute.

Would you like for us to continue attempts for Mr. Ruth? Please let me know if you have any

questions. Thank you,

--

Rebecca Short

Out-Of-State Department

Capitol Process Services, Inc.

1827 18th Street, NW

Washington, DC 20009

P: 202-667-0050

F: 202-667-2520

nationwide@capitolprocess.com

From: Burden, Ashley [mailto:ABurden@CFTC.gov] 

Sent: Wednesday, July 1, 2020 10:40 AM

To: Rebecca Short <rshort@capitolprocess.com>; Pan, Stacie <SPan@CFTC.gov>

Cc: Streit, Elizabeth M. <estreit@CFTC.GOV>; Bickham, Venice M. <vbickham@CFTC.GOV>;

nationwide@capitolprocess.com

Subject: RE: RE: RE: RE: RE: RE: Process Service for Ruth and Nelson

Thanks, Rebecca. I will see if I can figure out who Nelson’s GF is.

4

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 9 of 27 PageID #:69
A

Ashley J. Burden

Senior Trial Attorney/Chicago Regional Office

Division of Enforcement

Commodity Futures Trading Commission

312-596-0693

aburden@cftc.gov

From: Rebecca Short [mailto:rshort@capitolprocess.com] 

Sent: Wednesday, July 1, 2020 8:38 AM

To: Burden, Ashley; Pan, Stacie

Cc: Streit, Elizabeth M.; Bickham, Venice M.; nationwide@capitolprocess.com

Subject: [EXTERNAL] RE: RE: RE: RE: RE: Process Service for Ruth and Nelson

Good morning,

Re: Andrew Nelson – our server advised that service was attempted again last evening at 7:40 PM,

and the server was able to speak with a woman who identified herself as Barbara Nelson, and she is

the homeowner. She advised that Andrew Nelson is her son, but they are estranged and she only

speaks with him a handful of times a year, and he does not live there as he lives elsewhere with his

girlfriend. She stated she had no clue where he lived, and does not have a phone number for him.

Please let me know how you would like us to proceed with service whenever possible.

I have also asked our server in Austin regarding the service update on Jeremy Ruth. I will keep you

posted once they get back to me. Thank you,

--

Rebecca Short

Out-Of-State Department

Capitol Process Services, Inc.

1827 18th Street, NW

Washington, DC 20009

P: 202-667-0050

F: 202-667-2520

nationwide@capitolprocess.com

From: Burden, Ashley [mailto:ABurden@CFTC.gov] 

Sent: Tuesday, June 30, 2020 12:54 PM

5

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To: Rebecca Short <rshort@capitolprocess.com>; Pan, Stacie <SPan@CFTC.gov>

Cc: Streit, Elizabeth M. <estreit@CFTC.GOV>; Bickham, Venice M. <vbickham@CFTC.GOV>

Subject: RE: RE: RE: RE: RE: Process Service for Ruth and Nelson

Thanks for these updates, Rebecca. We expect these defendants to attempt to evade service.

A

Ashley J. Burden

Senior Trial Attorney/Chicago Regional Office

Division of Enforcement

Commodity Futures Trading Commission

312-596-0693

aburden@cftc.gov

From: Rebecca Short [mailto:rshort@capitolprocess.com] 

Sent: Tuesday, June 30, 2020 8:45 AM

To: Pan, Stacie

Cc: Burden, Ashley; Streit, Elizabeth M.; Bickham, Venice M.

Subject: [EXTERNAL] RE: RE: RE: RE: Process Service for Ruth and Nelson

Yes, both of the agents will continue service attempts today. I will keep you posted as they provide

me with updates on further service efforts. Thank you!

--

Rebecca Short

Out-Of-State Department

Capitol Process Services, Inc.

1827 18th Street, NW

Washington, DC 20009

P: 202-667-0050

F: 202-667-2520

nationwide@capitolprocess.com

From: Pan, Stacie [mailto:SPan@CFTC.gov] 

Sent: Tuesday, June 30, 2020 9:39 AM

To: Rebecca Short <rshort@capitolprocess.com>

Cc: Burden, Ashley <ABurden@CFTC.gov>; Streit, Elizabeth M. <estreit@CFTC.GOV>; Bickham,

Venice M. <vbickham@CFTC.GOV>

Subject: RE: RE: RE: RE: Process Service for Ruth and Nelson

6

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 11 of 27 PageID #:71
Will they be trying service in Austin again today?

From: Rebecca Short [mailto:rshort@capitolprocess.com] 

Sent: Tuesday, June 30, 2020 8:32 AM

To: Pan, Stacie

Cc: Burden, Ashley; Streit, Elizabeth M.; Bickham, Venice M.

Subject: [EXTERNAL] RE: RE: RE: Process Service for Ruth and Nelson

Stacie,

Re: Jeremy Ruth – our server in Austin, TX attempted service (8:31 PM), but received no answer at

the residence, and there were no cars or lights seen there. The server left his card. As they were

leaving, they noticed that a light came on inside, so he returned to knock on the door again to

summon someone to the door, but still got no answer there.

Thank you,

--

Rebecca Short

Out-Of-State Department

Capitol Process Services, Inc.

1827 18th Street, NW

Washington, DC 20009

P: 202-667-0050

F: 202-667-2520

nationwide@capitolprocess.com

From: Pan, Stacie [mailto:SPan@CFTC.gov] 

Sent: Tuesday, June 30, 2020 9:08 AM

To: Rebecca Short <rshort@capitolprocess.com>

Cc: Burden, Ashley <ABurden@CFTC.gov>; Streit, Elizabeth M. <estreit@CFTC.GOV>; Bickham,

Venice M. <vbickham@CFTC.GOV>

Subject: RE: RE: RE: Process Service for Ruth and Nelson

Thanks for the update.

From: Rebecca Short [mailto:rshort@capitolprocess.com] 

Sent: Tuesday, June 30, 2020 8:07 AM

To: Pan, Stacie

Cc: Burden, Ashley; Streit, Elizabeth M.; Bickham, Venice M.

Subject: [EXTERNAL] RE: RE: Process Service for Ruth and Nelson

Good morning Stacie,

Yes, I do have an update on the service on Andrew Nelson in Elmhurst, IL – our server attempted

there last night at 6:45 PM, but received no answer at the door. There was a SUV in the driveway (IL

tag #B466504), and a package addressed to Emma Nelson at the front door. There were no lights on,

7

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 12 of 27 PageID #:72
but the server did hear dogs inside. We will have them continue service attempts there, unless

otherwise instructed.

I have asked our server in Austin, TX for an update on the service of Jeremy Ruth, and I will let you

know as soon as I hear back from them. Thank you,

--

Rebecca Short

Out-Of-State Department

Capitol Process Services, Inc.

1827 18th Street, NW

Washington, DC 20009

P: 202-667-0050

F: 202-667-2520

nationwide@capitolprocess.com

From: Pan, Stacie [mailto:SPan@CFTC.gov] 

Sent: Tuesday, June 30, 2020 8:25 AM

To: Rebecca Short <rshort@capitolprocess.com>

Cc: Burden, Ashley <ABurden@CFTC.gov>; Streit, Elizabeth M. <estreit@CFTC.GOV>; Bickham,

Venice M. <vbickham@CFTC.GOV>

Subject: RE: RE: Process Service for Ruth and Nelson

Good Moring Rebecca –

Do we have an update on either service we sent you yesterday.

Thanks

Stacie

From: Rebecca Short [mailto:rshort@capitolprocess.com] 

Sent: Monday, June 29, 2020 11:04 AM

To: Pan, Stacie

Cc: Burden, Ashley; Streit, Elizabeth M.; Bickham, Venice M.

Subject: [EXTERNAL] RE: Process Service for Ruth and Nelson

Stacie,

We have received and we will send these to our servers for immediate service. We’ll let you know if

we have any issues. Thank you,

--

Rebecca Short

Out-Of-State Department

Capitol Process Services, Inc.

1827 18th Street, NW

Washington, DC 20009

8

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 13 of 27 PageID #:73
P: 202-667-0050

F: 202-667-2520

nationwide@capitolprocess.com

From: 'Pan, Stacie' via Nationwide Service [mailto:nationwide@capitolprocess.com] 

Sent: Monday, June 29, 2020 12:01 PM

To: nationwide@capitolprocess.com

Cc: Burden, Ashley <ABurden@CFTC.gov>; Streit, Elizabeth M. <estreit@CFTC.GOV>; Bickham,

Venice M. <vbickham@CFTC.GOV>

Subject: Process Service for Ruth and Nelson

Attached are the summons and complaint for Jeremy S. Ruth and Andrew D. Nelson for immediate

service. Please let us know if you have any questions.

Jeremy S. Ruth

11220 Brista Way

Austin, TX 78726

Andrew D. Nelson

267 May St. E.

Elmhurst, IL 60126-4007

There are two P.O. numbers attached to these requests 11282 and 11283.

Thanks,

Stacie Pan

Paralegal | CACI

Division of Enforcement

Commodity Futures Trading Commission

312-596-0678

span@cftc.gov

 

WARNING: This message is intended only for the use of the addressee and may contain

information that is privileged, proprietary in nature, or otherwise protected by law from

disclosure. If you are not the addressee, you are notified that reading, copying, or

distributing this message is prohibited. If you have received this message in error, please

telephone or reply to me immediately, and delete all copies of this message from your

computer systems.

9

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Ex. B

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Ex. C

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 19 of 27 PageID #:79
From: Burden, Ashley

To: "Andrew Nelson"

Cc: "Andrew Nelson"; Streit, Elizabeth M.; Patrick, Joseph J

Subject: CFTC v. Long Long Leaf Trading Group, Inc., No. 1:20-cv-03758 (N.D. Ill.)

Date: Wednesday, July 1, 2020 10:49:00 AM

Attachments: Doc 1 - Complaint.pdf

image001.png

image002.png

image003.png

image004.png

image005.png

Mr. Nelson:

I write to advise you that you have been named as a defendant in the above-captioned enforcement

action in the U.S. District Court for the Northern District of Illinois. Please find attached a copy of the

complaint.

Please let me know if you are interested in waiving formal service if summons. If so, you would get

60 days to answer the complaint rather than the usual 21. I can send you (or your counsel) the

forms.

Thanks,

A

Ashley J. Burden

Senior Trial Attorney/Chicago Regional Office

Division of Enforcement

Commodity Futures Trading Commission

312-596-0693

aburden@cftc.gov

From: Burden, Ashley 

Sent: Friday, January 10, 2020 11:14 AM

To: Andrew Nelson

Cc: Andrew Nelson; Streit, Elizabeth M.; Patrick, Joseph J

Subject: RE: [EXTERNAL] Re: Re: CFTC notice of intent to bring enforcement action

Mr. Nelson:

Your request for an extension is granted, but I don’t think we can extend much past that two weeks.

The train is leaving the station.

1

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 20 of 27 PageID #:80
Thanks,

A

Ashley J. Burden

Senior Trial Attorney

Commodity Futures Trading Commission

Division of Enforcement

525 W. Monroe St., Ste. 1100

Chicago, IL 60661

(312) 596-0693

From: Andrew Nelson [mailto:adnelson0503@gmail.com] 

Sent: Wednesday, January 8, 2020 11:10 AM

To: Burden, Ashley

Cc: Andrew Nelson; Streit, Elizabeth M.; Patrick, Joseph J

Subject: [EXTERNAL] Re: Re: CFTC notice of intent to bring enforcement action

Ashley

Thank you for your time on the phone today clearing up the Wells process for me so I have a

better understanding. Per our conversation due to the holidays and timing I have not yet had a

chance to retain counsel. Due to that I am requesting another extension for my written

response, another 14 days from tomorrow should be sufficient time.

Thanks again,

Andrew Nelson

On Tue, Jan 7, 2020 at 3:38 PM Burden, Ashley <ABurden@cftc.gov> wrote:

Thanks, Mr. Nelson. Tomorrow mid-morning is fine. I will direct future correspondence to

“adnelson0503.”

A

Ashley J. Burden

Senior Trial Attorney

Commodity Futures Trading Commission

Division of Enforcement

525 W. Monroe St., Ste. 1100

Chicago, IL 60661

(312) 596-0693

From: Andrew Nelson [mailto:a.nelson0503@gmail.com] 

Sent: Tuesday, January 7, 2020 3:36 PM

2

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 21 of 27 PageID #:81
To: Burden, Ashley

Cc: adnelson0503@gmail.com

Subject: [EXTERNAL] Re: CFTC notice of intent to bring enforcement action

Ashley

I hope you had a great holiday and I appreciate that. I remember bringing this to your

attention in the summer however that several months ago; this email has become bogged

down with mailing lists and spam. I use adnelson0503@gmail.com daily so forgive the late

response.

I won't have time to reach out before you leave today but tomorrow mid morning I will give

you a call unless you have a better time in mind.

Thanks,

Andrew Nelson

On Mon, Jan 6, 2020 at 11:00 AM Burden, Ashley <ABurden@cftc.gov> wrote:

Mr. Nelson:

I received your voicemail message. We are happy to extend your Wells response date to

January 9. However, please call me at your earliest convenience to discuss the Wells

process.

Thanks,

A

Ashley J. Burden

Senior Trial Attorney

Commodity Futures Trading Commission

Division of Enforcement

525 W. Monroe St., Ste. 1100

Chicago, IL 60661

(312) 596-0693

From: Burden, Ashley 

Sent: Thursday, December 12, 2019 12:04 PM

To: 'A.NELSON0503@GMAIL.COM'

Cc: Patrick, Joseph J; Streit, Elizabeth M.

Subject: CFTC notice of intent to bring enforcement action

Mr. Nelson

I write on behalf of the CFTC’s Division of Enforcement. As an unrepresented party, you

are entitled to written notice (referred to as a “Wells” notice) of the Division’s intent to

recommend an enforcement action against you. In that enforcement action, the Division

plans to bring civil regulatory charges against you for fraud and registration violations in

connection with your work at Long Leaf Trading Group. Please find a Wells notice

3

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 22 of 27 PageID #:82
attached, along with copies of relevant statutes and regulations. A hard copy will follow

by mail. Please do not hesitate to call with any questions, or if you wish to discuss

potential pre-filing resolution of the Division’s proposed charges.

Thanks,

A

Ashley J. Burden

Senior Trial Attorney

Commodity Futures Trading Commission

Division of Enforcement

525 W. Monroe St., Ste. 1100

Chicago, IL 60661

(312) 596-0693

4

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 23 of 27 PageID #:83
Ex. D

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 24 of 27 PageID #:84
From: Burden, Ashley

To: "Andrew Nelson"

Cc: Andrew Nelson; Streit, Elizabeth M.; Patrick, Joseph J

Subject: 1:20-cv-03758 Commodity Futures Trading Commission v. Long Leaf Trading

Date: Monday, July 13, 2020 11:12:00 AM

Attachments: image001.png

image002.png

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image005.png

Mr. Nelson:

As I have stated in a previous email to you, you have been named as a defendant in the abovecaptioned enforcement action in the Northern District of Illinois. Please provide us at your very

earliest convenience with an address to which we can send you a copy of the complaint and a waiver

of service of process form.

If you fail to provide a current address, the CFTC will move the court for permission to effect

alternative service.

Thanks,

A

Ashley J. Burden

Senior Trial Attorney/Chicago Regional Office

Division of Enforcement

Commodity Futures Trading Commission

312-596-0693

aburden@cftc.gov

From: Andrew Nelson [mailto:adnelson0503@gmail.com] 

Sent: Wednesday, January 8, 2020 11:10 AM

To: Burden, Ashley

Cc: Andrew Nelson; Streit, Elizabeth M.; Patrick, Joseph J

Subject: [EXTERNAL] Re: Re: CFTC notice of intent to bring enforcement action

Ashley

Thank you for your time on the phone today clearing up the Wells process for me so I have a

better understanding. Per our conversation due to the holidays and timing I have not yet had a

chance to retain counsel. Due to that I am requesting another extension for my written

response, another 14 days from tomorrow should be sufficient time.

1

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 25 of 27 PageID #:85
Thanks again,

Andrew Nelson

On Tue, Jan 7, 2020 at 3:38 PM Burden, Ashley <ABurden@cftc.gov> wrote:

Thanks, Mr. Nelson. Tomorrow mid-morning is fine. I will direct future correspondence to

“adnelson0503.”

A

Ashley J. Burden

Senior Trial Attorney

Commodity Futures Trading Commission

Division of Enforcement

525 W. Monroe St., Ste. 1100

Chicago, IL 60661

(312) 596-0693

From: Andrew Nelson [mailto:a.nelson0503@gmail.com] 

Sent: Tuesday, January 7, 2020 3:36 PM

To: Burden, Ashley

Cc: adnelson0503@gmail.com

Subject: [EXTERNAL] Re: CFTC notice of intent to bring enforcement action

Ashley

I hope you had a great holiday and I appreciate that. I remember bringing this to your

attention in the summer however that several months ago; this email has become bogged

down with mailing lists and spam. I use adnelson0503@gmail.com daily so forgive the late

response.

I won't have time to reach out before you leave today but tomorrow mid morning I will give

you a call unless you have a better time in mind.

Thanks,

Andrew Nelson

On Mon, Jan 6, 2020 at 11:00 AM Burden, Ashley <ABurden@cftc.gov> wrote:

Mr. Nelson:

I received your voicemail message. We are happy to extend your Wells response date to

January 9. However, please call me at your earliest convenience to discuss the Wells

process.

Thanks,

2

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 26 of 27 PageID #:86
A

Ashley J. Burden

Senior Trial Attorney

Commodity Futures Trading Commission

Division of Enforcement

525 W. Monroe St., Ste. 1100

Chicago, IL 60661

(312) 596-0693

From: Burden, Ashley 

Sent: Thursday, December 12, 2019 12:04 PM

To: 'A.NELSON0503@GMAIL.COM'

Cc: Patrick, Joseph J; Streit, Elizabeth M.

Subject: CFTC notice of intent to bring enforcement action

Mr. Nelson

I write on behalf of the CFTC’s Division of Enforcement. As an unrepresented party, you

are entitled to written notice (referred to as a “Wells” notice) of the Division’s intent to

recommend an enforcement action against you. In that enforcement action, the Division

plans to bring civil regulatory charges against you for fraud and registration violations in

connection with your work at Long Leaf Trading Group. Please find a Wells notice

attached, along with copies of relevant statutes and regulations. A hard copy will follow

by mail. Please do not hesitate to call with any questions, or if you wish to discuss

potential pre-filing resolution of the Division’s proposed charges.

Thanks,

A

Ashley J. Burden

Senior Trial Attorney

Commodity Futures Trading Commission

Division of Enforcement

525 W. Monroe St., Ste. 1100

Chicago, IL 60661

(312) 596-0693

3

Case: 1:20-cv-03758 Document #: 12-1 Filed: 07/17/20 Page 27 of 27 PageID #:87