CFTC secures more entries of default in lawsuit against ROFX

The Commodity Futures Trading Commission (CFTC) has secured two more entries of default in its action against fraudulent Forex scheme ROFX.

According to documents filed with the Florida Southern District Court, the CFTC has obtained entries of default against Notus LLC and Shopostar LLC, pursuant to Fed. R. Civ. P. 55(a), for failure to answer, plead, or otherwise defend in a timely manner.

Defendant Notus LLC d/b/a ROFX is a recently dissolved Colorado limited liability company whose former principal office address was in Denver, Colorado. Notus is an entity which accepted approximately $22.6 million of the $58 million in ROFX customer funds Defendants misappropriated during the Relevant Period. Konovalenko, Shymko, Skala, and a third party (“Third Party R.V.”) are, or were, owners or members of Notus. Notus has never been registered with the CFTC in any capacity.

Defendant Shopostar LLC d/b/a ROFX is a Colorado limited liability company whose principal office address is in Denver, Colorado. Shopostar is an entity which accepted over $13.5 million in ROFX customer funds during the Relevant Period. Konovalenko is, or was, an owner and manager of Shopostar. Shopostar has never been registered with the CFTC in any capacity.

Let’s recall that, in this case, the CFTC alleges that from at least January 2018 through September 2021, Jase Davis, Borys Konovalenko, Anna Shymko, Alla Skala, and Timothy Stubbs, individually and as the controlling persons of the interrelated companies Notus LLC d/b/a ROFX, Easy Com LLC d/b/a ROFX, Global E-Advantages LLC a/k/a Kickmagic LLC d/b/a ROFX, Grovee LLC d/b/a ROFX, and Shopostar LLC d/b/a ROFX, acting through, and/or in conjunction with, the web-based entity ROFX.net, acting as a common enterprise, misappropriated at least $58 million as part of a fraudulent scheme in, and/or in connection with, the offering of leveraged, margined or financed agreements, contracts, or transactions in retail Forex to U.S. and international customers who were not eligible contracts participants (ECPs).

The CFTC seeks civil monetary penalties for each violation of the Act and Regulations, and remedial ancillary relief, including, but not limited to, disgorgement, pre- and post-judgment interest.

The regulator has also secured entries of default against Borys Konovalenko, Easy Com LLC, Global E-Advantages LLC a/k/a Kickmagic LLC, and Grovee LLC.