RECEIVED CFTC

UNITED STATES OF AMERICA

Before the Office of Proceedings
COMMODITY FUTURES TRADING COMMISSION Proceedings Clerk
2:14 pm, Sep 14, 2018
___________________________________
)
In the Matter of: )
) CFTC Docket No. 18-27
Wealth Generators LLC, )
)
Respondent. )
)
___________________________________ )

ORDER INSTITUTING PROCEEDINGS PURSUANT TO SECTION 6(c) AND (d) OF

THE COMMODITY EXCHANGE ACT, MAKING FINDINGS, AND IMPOSING
REMEDIAL SANCTIONS

I. INTRODUCTION

The Commodity Futures Trading Commission (“Commission”) has reason to believe that
from in or about January 2016 to in or about March 2018 (“Relevant Period”), Wealth
Generators LLC1 (“Wealth Generators” or “Respondent”) violated Sections 2(c)(2)(C)(iii)(I)(bb)
and 4m(1) of the Commodity Exchange Act (“Act”), 7 U.S.C. §§ 2(c)(2)(C)(iii)(I)(bb) and 6m(1)
(2012), and Commission Regulation (“Regulation”) 5.3(a)(3), 17 C.F.R. § 5.3(a)(3) (2017),
promulgated thereunder. Therefore, the Commission deems it appropriate and in the public
interest that public administrative proceedings be, and hereby are, instituted to determine
whether Respondent engaged in the violations set forth herein and to determine whether any
order should be issued imposing remedial sanctions.

In anticipation of the institution of an administrative proceeding, Respondent has

submitted an Offer of Settlement (“Offer”), which the Commission has determined to accept.
Without admitting or denying any of the findings or conclusions herein, Respondent consents to
the entry of this Order Instituting Proceedings Pursuant to Section 6(c) and (d) of the Commodity
Exchange Act, Making Findings, and Imposing Remedial Sanctions (“Order”) and acknowledges
service of this Order.2

1
In February 2018, Wealth Generators changed its name to Kuvera LLC.
2
Respondent 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. Respondent
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. Respondent 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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 II. FINDINGS

The Commission finds the following:

A. SUMMARY

Between January 2016 and March 2018 (the “Relevant Period”), Respondent engaged in
the business of offering trading advice regarding retail forex transactions and binary options to
some of Respondent’s paid customers who were not eligible contract participants. Therefore,
Respondent acted as a Commodity Trading Advisor (“CTA”) during the Relevant Period.
Because Respondent was not registered with the Commission as a CTA, it violated Sections
2(c)(2)(C)(iii)(I)(bb) and 4m(1) of the Act, 7 U.S.C. §§ 2(c)(2)(C)(iii)(I)(bb) and 6m(1) (2012),
and Regulation 5.3(a)(3), 17 C.F.R. § 5.3(a)(3) (2017).

B. RESPONDENT

Wealth Generators is a Utah limited liability company formed in 2013. In 2017, Wealth
Generators became a wholly-owned subsidiary of Investview, Inc., a publicly-traded company.
Neither of these entities has ever been registered with the Commission.
C. FACTS

Through its websites and a network marketing organization, Wealth Generators provides
information, research, and education to paying customers, irrespective of their status as eligible
contract participants. In particular, Wealth Generators provides products and services
concerning trading in retail forex transactions and binary options for which customers pay a
monthly fee.
During the Relevant Period, Wealth Generators provided specific commodity trading
advice to some of Wealth Generators’ customers. Through its products FX Simplifier, FX
Simplifier 2.0, and Accelerator, customers were instructed to fund accounts at a retail forex
exchange dealer (“RFED”), which provided access to the MetaTrader 4 (“MT4”) trading
platform.3 On this platform, customers could link their trading accounts to an account controlled
by Wealth Generators. The customers then had the ability to set default trade allocations and
have their accounts automatically mirror trades executed by the Wealth Generators account,
effectively resulting in Wealth Generators trading on behalf of its customers.
Wealth Generators also offered an algorithmic trading system to its customers through its
Multiplier, Multiplier 2.0, and RYZE products. These products allowed customers to link to a
third-party trading platform operated by an off-shore retail forex exchange, where customers
funded accounts that were traded automatically by an algorithmic trading system. Customers
had no discretion to direct trades using these products.

3
MetaTrader 4, also known as MT4, is an electronic trading platform widely used by online retail forex traders. It
enables traders to access third party software bridges enabling integration with trading systems for automatic
hedging positions. The MT4 platform allows for mirrored trading and algorithmic trading, in which users can fund
their accounts at a broker and let the account be traded by a third party, such as Wealth Generators.

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 Hundreds of customers purchased these products and services.

III. LEGAL DISCUSSION

Section la(12) of the Act, 7 U.S.C. § la(12) (2012), defines a CTA as “any person who (i)
for compensation or profit, engages in the business of advising others, either directly or through
publications, writings, or electronic media, as to the value of or the advisability of trading in”
retail forex contracts or options. For purposes of retail forex transactions, Regulation 5.1(e)(1),
17 C.F.R. § 5.1(e)(1) (2017), defines a CTA as “any person who exercises discretionary trading
authority . . . over any account for or on behalf of any person that is not an eligible contract
participant . . . in connection with retail forex transactions.” Section 1a(18) of the Act, 7 U.S.C.
§ 1a(18) (2012), defines “eligible contract participant” as an individual who, acting for his own
account, has $10 million invested on a discretionary basis or $5 million invested on a
discretionary basis for the purpose of hedging.

Section 2(c)(2)(C)(iii)(I)(bb), § 7 U.S.C. 2(c)(2)(C)(iii)(I)(bb), states in relevant part that

“[a] person, unless registered in such capacity as the Commission by rule, regulation, or order
shall determine…shall not:

(bb) exercise discretionary trading authority or obtain written

authorization to exercise written trading authority over any account
for or on behalf of any person that is not an eligible contract
participant in connection with [retail forex transactions] entered
into with or to be entered into with a person who is not described
in item (aa), (bb), (ee),1 or (ff) of subparagraph (B)(i)(II);…

Section 4m(1) of the Act, 7 U.S.C. § 6m(1) (2012), states in relevant part that:

[i]it shall be unlawful for any commodity trading advisor . . .

unless registered under the Act, to make use of the mails or any
means or instrumentality of interstate commerce in connection
with his business as such commodity trading advisor…: Provided,
That the provisions of this section shall not apply to any
commodity trading advisor who, during the course of the preceding
twelve months, has not furnished commodity trading advice to
more than fifteen persons and who does not hold himself out
generally to the public as a commodity trading advisor.

Regulation 5.3(a)(3), 17 C.F.R. § 5.3(a)(3) (2017), states that any person who meets the definition
of a CTA set forth in Regulation 5.1(e)(1) must register with the Commission as a CTA.

During the Relevant Period, Wealth Generators acted as a CTA because, for
compensation or profit, it engaged in the business of offering trading advice, including the
exercise of discretionary trading authority, regarding retail forex transactions and binary options
to its customers who were not eligible contract participants. Because Wealth Generators had
more than 15 customers and made its products and services generally available to members of

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the public, Wealth Generators was not exempt from registration as a CTA. Therefore, during the
Relevant Period, Wealth Generators acted as a CTA without registering with the Commission, in
violation of Sections 2(c)(2)(C)(iii)(I) (bb) and 4m(1) of the Act and Regulation 5.3(a)(3).

IV. FINDING OF VIOLATIONS

Based upon the foregoing, the Commission finds that, during the Relevant Period, Wealth
Generators violated Sections 2(c)(2)(C)(iii)(I)(bb) and 4m(1) of the Act, 7 U.S.C. §§
2(c)(2)(C)(iii)(I)(bb) and 6m(1) (2012), and Regulation 5.3(a)(3), 17 C.F.R. § 5.3(a)(3) (2017).

V. OFFER OF SETTLEMENT

Respondent has submitted the Offer in which it, without admitting or denying the
findings and conclusions herein:

A. Acknowledges service of this Order;

B. Admits the jurisdiction of the Commission with respect to all matters set forth in 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. The filing and service of a complaint and notice of hearing;

2. A hearing;

3. All post-hearing procedures;

4. Judicial review by any court;

5. Any and all objections to the participation by any member of the Commission’s
staff in the Commission’s consideration of the Offer;

6. Any and all claims that it may possess under the Equal Access to Justice Act, 5
U.S.C. § 504 (2012), and 28 U.S.C. § 2412 (2012), and/or the rules promulgated
by the Commission in conformity therewith, Part 148 of the Regulations, 17
C.F.R. pt. 148 (2017), relating to, or arising from, this proceeding;

7. Any and all claims that it may possess under the Small Business Regulatory
Enforcement Fairness Act of 1996, Pub. L. No. 104-121, §§ 201-53, 110 Stat.
847, 857-74 (codified as amended in scattered sections of 5 U.S.C. and 15
U.S.C.), relating to, or arising from, this proceeding; and

8. 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;

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D. Stipulates that the record basis on which this Order is entered shall consist solely of the
findings contained in this Order to which Respondent has consented in the Offer;

E. Consents, solely on the basis of the Offer, to the Commission’s entry of this Order that:

1. Makes findings by the Commission that Respondent violated Sections

2(c)(2)(C)(iii)(I)(bb) and 4m(1) of the Act, 7 U.S.C. §§ 2(c)(2)(C)(iii)(I)(bb) and
6m(1) (2012), and Regulation 5.3(a)(3), 17 C.F.R. § 5.3(a)(3) (2017);

2. Orders Respondent to cease and desist from violating Sections

2(c)(2)(C)(iii)(I)(bb) and 4m(1) of the Act and Regulation 5.3(a)(3);

3. Orders Respondent to pay a civil monetary penalty in the amount of one hundred
fifty thousand dollars ($150,000) plus post-judgment interest within ten (10) days
of the date of entry of this Order; and,

4. Orders Respondent and its successors and assigns to comply with the conditions
and undertakings consented to in the Offer and as set forth in Part VI of this Order.

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

VI. ORDER

Accordingly, IT IS HEREBY ORDERED THAT:

A. Respondent shall cease and desist from violating Sections 2(c)(2)(C)(iii)(I)(bb) and
4(m)(1) of the Act, 7 U.S.C. §§ 2(c)(2)(C)(iii)(I)(bb) and 6m(1) (2012), and Regulation
5.3(a)(3), 17 C.F.R. § 5.3(a)(3) (2017).

B. Respondent shall pay a civil monetary penalty in the amount of one hundred fifty
thousand dollars ($150,000) (“CMP Obligation”), plus post-judgment interest, within ten
(10) days of the date of entry of this Order. If the CMP Obligation is not paid in full
within ten (10) days of the date of entry of this Order, then post-judgment interest shall
accrue on the CMP Obligation beginning on the date of entry of this Order and shall be
determined by using the Treasury Bill rate prevailing on the date of entry of this Order
pursuant to 28 U.S.C. § 1961 (2012).

C. Respondent shall pay the CMP Obligation by electronic funds transfer, U.S. postal
money order, certified check, bank cashier’s check, or bank money order. If
payment is to be made other than by electronic funds transfer, then the payment
shall be made payable to the Commodity Futures Trading Commission and sent to
the address below:

MMAC/ESC/AMK326
Commodity Futures Trading Commission
Division of Enforcement

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 6500 S. MacArthur Blvd.
Oklahoma Ci ty, OK 73169
(405) 954-6560 office I (405) 954-1620 fax
9-AMC-AR-CFTC@faa.gov

If payment is to be made by electronic funds transfer, Respondent sha ll contact Marie Thorne
or her successor at the above address to receive payment instructions and shall fully comply
with those instructions. Respondent shall accompany payment of the CMP Obligation with a
cover letter that identifies the paying Respondent and the name and docket number of this
proceeding. The paying Respondent shall simultaneously transmit copies of the cover letter
and the form of payment to the Chief Financial Officer, Commodity Futures Trading
Commi ssion, Tlu·ee Lafaye tte Centre, 1155 2 1st Street, NW, Washington, D.C. 20581.

D. Respondent and its successo rs and assigns shall comply with the following
condition and undertaking set forth in the Offer:

Public Statements: Respondent agrees that neither it nor any of its successors and assigns,
agents or employees under its authority or control shall take any action or mak e 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 affectRespondent's: (i) testimonial
obligations; or (ii) right to take lega l positi ons in other proceedings to wh ich the
Commission is not a party. Respondent and its successors and assigns shall comply with
this agreement, and shall undertake all steps necessary to ensure that all of its agents and/or
employees under its authority or control understand and comply with this agreement.

£ Partial Satisfaction: Respondent ur'lderstands and agrees that any acceptance by the
Commission of any partial payment of Respondent's CMP Obligation shall not be
deemed a waiver of its obligation to make further payments pursuant to this Order, or a
waiver of the Commi ssion 's right to seek to compel payment of any remaining balance.

F. Change of Address/Phone : Until such time as Respondent satisfies in full its CMP
Obligation as set fo rth in this Order, Respondent shall provide written notice to the
Commission by certified mail of any change to its telephone number and mailing address
within ten ( 10) calendar days of the change.

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

Christopher J. K k patrick
Secretary of the Commission
Commodity Futures Trading Commission

Dated: September 14, 20 18