Cillian Holdings LLC and Jeremy R. O'Friel v. National Futures Association, CFTC Docket No. CRAA 20-03

UNITED STATES OF AMERICA

Before the

U.S. COMMODITY FUTURES TRADING COMMISSION

	)
CILLIAN HOLDINGS LLC and JEREMY	)
O'FRIEL,	)	CFTC Docket No. CRAA 20-03
	)
Petitioners,	)
	)	ORDER
v.	)
	)
NATIONAL FUTURES ASSOCIATION,	)
	)
Respondent.	)
	)

On September 11, 2020, Petitioners Cillian Holdings LLC and Jeremy O'Friel filed a notice of appeal and petition to stay a National Futures Association decision imposing certain monetary sanctions. The petition to stay is DENIED without prejudice.

CFTC Regulation 171.22(b)(3) provides that a petition to stay an NFA decision must include "an affidavit or other sworn statement unless the parties stipulate that the material facts are not in dispute." 17 C.F.R. § 171.22(b)(3). Petitioners have not submitted that documentation, nor have the parties stipulated to the factual assertions in the petition to stay. The petition is accordingly defective.1

Petitioners may refile a corrected petition. Factual assertions in the petition must be supported by the required affidavit or sworn statement, or the Commission will not consider them.

IT IS SO ORDERED.2

1. Petitioners are encouraged to familiarize themselves with the requirements of Regulation 171.22, and the Part 171 regulations generally, before re-filing.See Elec. Code of Fed. Regs., https://www.ecfr.gov/cgi-bin/text-idx?SID=c8fa3a6f41c758b52f578153d6e5ca5b&mc=true&node=pt17.2.171&rgn=div5.
2. By the Commission pursuant to delegated authority under 17 C.F.R. § 171.50(a)(3).

Robert A. Schwartz

Robert A. Schwartz

Deputy General Counsel

U.S. Commodity Futures Trading Commission

Dated: September 18, 2020

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