CFTC Charges Safeguard Metals With Precious Metals Fraud Targeting the ElderlyCommodity Futures Trading Commission (CFTC) ……
 

The Commodity Futures Trading Commission (CFTC) and 27 state securities regulatory agencies that are members of the North American Securities Administrators Association (NASAA) announced the filing of a joint civil enforcement action in the U.S. District Court for the Central District of California against a precious metals dealer and its owner for orchestrating a $68 million fraudulent scheme targeting elderly persons nationwide.

The complaint charges defendants Safeguard Metals LLC (Safeguard Metals) and its principal, Jeffrey Santulan a/k/a Jeffrey Hill, with executing an ongoing nationwide fraud that solicited and received approximately $68 million in investor funds to purchase precious metals and fraudulently overpriced silver coins. Safeguard Metals is located in Woodland Hills, California, and Jeffrey Santulan resides in Tarzana, California.

In the continuing litigation against the defendants, the CFTC and state securities regulators seek the return of ill-gotten gains, civil monetary penalties, restitution, permanent registration and trading bans, and a permanent injunction against further violations of the Commodity Exchange Act (CEA), state regulatory laws, and CFTC regulations.

The joint effort is the second nationwide fraud action against precious metals dealers by the CFTC with NASAA state securities regulators. Both actions arose out of the CFTC’s information-sharing agreement with state securities regulators, through NASAA.

“This joint investigative effort between the CFTC and 27 state regulators represents our mutual interest in protecting main street investors,” said CFTC Chairman Rostin Behnam. “A cross-agency approach enhances our ability to protect investors and the integrity of our markets.”

“This action to stop a large-scale precious metals scheme is the latest in an ongoing effort by state and federal regulators working cooperatively to protect investors. Unfortunately, this case reflects just one of the many epidemic-level investment scams targeting senior and vulnerable populations,” said NASAA President and Maryland Securities Commissioner Melanie Senter Lubin.

“When it comes to protecting the public, we will not hesitate to do everything in our power to vigorously investigate and protect their retirement savings from fraud in commodities markets,” said Acting Director of Enforcement Vincent McGonagle. “We are committed to holding those accountable who undermine the investing public’s trust in our commodities markets through illegal conduct.”

“Today’s action demonstrates the commitment of state and federal regulators to work together to prevent investment fraud,” said Joseph P. Borg, Co-chair of NASAA’s Enforcement Section and Director of the Alabama Securities Commission. “Given the complexity of investment products, our jobs have never been more important, or more demanding.”

Case Background

The complaint alleges that from approximately October 2017 and continuing through at least July 2021, the defendants fraudulently solicited and received approximately $68 million in customer funds—the majority of which was retirement savings—from at least 450 persons throughout the U.S. for the purpose of purchasing precious metals, primarily consisting of gold and silver coins.

According to the complaint, the defendants deceived customers into purchasing precious metals through false and misleading statements, including about the risk and safety of their investments in traditional retirement accounts. The defendants also deceived customers into purchasing silver coins at grossly inflated prices that bore no relationship to the ranges represented to customers. The markup that customers paid on silver coins, for example, averaged from 51 percent to over 70 percent. That was substantially more than the amounts the defendants represented in Safeguard Metals’ customer agreements. In the end, nearly every customer suffered an immediate loss of their investment on the purchase of precious metals from Safeguard Metals.

As the complaint alleges, to perpetuate their fraud, when questioned by customers about the value of the precious metals they purchased, the defendants claimed the silver coins were rare and carried a premium far above the base melt value to conceal their fraud and hide that customers significantly overpaid for their investments. In fact, the silver coins were significantly less valuable than the defendants claimed, based on the resale prices the firm marketed and promoted.

Parallel Civil Action

In a simultaneous filing, the SEC commenced a suit against Safeguard Metals LLC and Jeffrey Santulan for violations arising from the fraudulent precious metals scheme and exorbitantly priced silver coins and for rendering unlawful investment advice.

The CFTC and NASAA thanks and acknowledges the assistance of the SEC.

The following NASAA state regulatory agencies are CFTC’s co-plaintiffs in today’s action and the CFTC thanks them for their cooperation:

Alabama Securities Commission; Arizona Corporation Commission; Arkansas Securities Department; California Department of Financial Protection & Innovation; State of Connecticut Department of Banking; State of Florida, Office of Financial Regulation; State of Hawaii, Department of Commerce and Consumer Affairs; Idaho Department of Finance; Office of the Secretary of State, Illinois Securities Department; Indiana Securities Division; Kentucky Department of Financial Institutions; State of Maryland Ex Rel the Maryland Securities Commissioner; Attorney General Dana Nessel on Behalf of the People of the State of Michigan; Mississippi Secretary of State; Missouri Commissioner of Securities; Nebraska Department of Banking & Finance; New Mexico Securities Division; The People of the State of New York by Letitia James, Attorney General of the State of New York; North Carolina Department of the Secretary of State; Oklahoma Department of Securities; Oregon Department of Business and Consumer Services; South Carolina Attorney General; South Dakota Department of Labor & Regulation; Commissioner of the Tennessee Securities Department of Commerce and Insurance; Vermont Department of Financial Regulation; Washington State Department of Financial Institutions; and the State of Wisconsin.

The CFTC Division of Enforcement staff members responsible for this action are Steve Turley, Clemon Ashley, Jeff Le Riche, Christopher Reed, and Charles Marvine; in partnership with enforcement authorities from NASAA member agencies, led by the Alabama Securities Commission and the California Department of Financial Protection and Innovation.

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CFTC’s Precious Metals Customer Fraud Advisory

The CFTC has issued several customer protection Fraud Advisories that provide the warning signs of fraud, including the Precious Metals Fraud Advisory, which alerts customers to precious metals fraud and lists simple ways to spot precious metals scams.

The CFTC also strongly urges the public to verify a company’s registration with the CFTC before committing funds. If unregistered, a customer should be wary of providing funds to that entity. A company’s registration status can be found at NFA BASIC.

Customers and other individuals can report suspicious activities or information, such as possible violations of commodity trading laws, to the Division of Enforcement via a toll-free hotline 866-FON-CFTC (866-366-2382), file a tip or complaint online, or contact the Whistleblower Office. Whistleblowers are eligible to receive between 10% and 30% of the monetary sanctions collected paid from the Customer Protection Fund financed through monetary sanctions paid to the CFTC by violators of the CEA.

NASAA’s Precious Metals Investor Advisory

NASAA and its members have issued a series of investor advisories, including an advisory on matters to consider before making gold-related investments.

Investors should also contact their state or provincial securities regulator with questions about any investment opportunity or the person offering it for sale before investing in the product. For contact information, visit the NASAA website here.
 

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