EFTA00070950.pdf

From: Chris Dilorio To: Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix Date: Wed, 28 Jul 2021 16:15:45 +0000 Attachments: KCG_Appendix_3-20_13_penultimate.docx; KCG_TCR_3-20-13-penultimate_draft.pdf; KCG_TCR 3-20-13-penultimate_draft.docx; KCG_Appendix_3-20_13_penultimate.pdf; OpcoDeniar.pdf; Cifu.jpg; Blosteinjpg; KCGMarch2017.jpg; FINRA.jpg SDNY/NY Supreme Court/NJ Judges et al Speaking of fraud mergers EFTA00070950 The SEC/Jefferies/Goldman/JP Morgan et al fraud merger between Virtu and KCG never should have happened. In addition to my extensive correspondence: the record detailing this massive SEC facilitated fraud: Clayton/Sull Crom/Jared Fishman conflicts not disclosed. Clayton SHOLD have recused himself AND the fact that Cifu never "published" the KCG 2Q2017 financials even though KCG was an SEC reporting company until the transaction closed on 7/31/2017. Information certainly material to the investing public in evaluating the transaction. Of course, the SEC let Cifu do this. WHY? Because Cifu, with the blessing of the SEC wrote down more than $4 BILLION in leverage from the KCG balance sheet: open naked short fails. half of which were fraudulently booked as "assets". See my TCR attached. MORE SEC facilitated fraud related to the VIRT/KCG fraud transaction: NO 54 filed by either KCG OR VIRT. WHY? Because Cifu would have had to "publish" those KCG 2Q 2017 financials showing where this "leverage" was written down. Again: the SEC is a grossly corrupt, criminal organization actively facilitating multiple, massive, ongoing frauds on the public it is mandated to protect to the benefit of the criminals who own them while screwing the whistleblower who caught them: ME KCG EDGAR Search Results (sec.gov) VIRT EDGAR Search Results (sec.gov) NO S4 I've attached the corrupt SEC OWB OpCo preliminary denial issued in April 2020: "SEC staff never saw Mr Dilorio's information" a blatant and egregious lie for several reasons detailed by me. Not just impossible. But: ILLEGAL OpCo implicates NITE and UBS. This is why the corrupt OWB: Norberg denied my UBS award application as well: my information. UBS was NEVER in compliance with the terms of the cross border Do.' DPA when they dropped charges in 2010. This was acknowledged by the SEC,FINRA, and FINCEN in the complaint. SEC enforcement/SEC NY had my information well in advance of the complaint being filed. AND 2 IRS CI Agents: Vikas Arora and Nathan Sarnacki flew to Denver from Chicago to meet with me in April 2016. The SEC LA had no jurisdiction. UBS San Diego: K2 was a canard to deny my award. There were NO individuals in the UBS San Diego: K2 office in ANY of the complaints. SEC NY had jurisdiction. SEC NY had my information. In addition to Kevin Goodman and the OWB as well as others. 1 1/2 years later: I have STILL not received an appeal determination in OpCo. "Staff never saw Mr Dilorio's information" in both OpCo and UBS is a criminal act. Blatant and egregious. No 54 filed in the VIRT/KCG transaction is further evidence of corrupt, criminal SEC fraud. Cheers! Christopher.' Dilorio Whistleblower Extraordinaire From: Chris Dilorio Sent: Sunday, February 28, 2021 7:24 AM EFTA00070951 Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix SONY Judges, the abusive naked shorting in GME isn't even a rounding error compared to what is being exposed in the OTCM/Pink Sheets:MY INFORMATION The FINRA website is back up after I caught them and no changes were made Market Statistics - Equity Trading Data Monthly (finra.org) Market Statistics - OTC Data Ofinra. all rights reserved. finra is a registered trademark of the financial industry regulatory authority, inc. otce.finra.org EFTA00070952 So: 87.7 BILLION total OTCM shares traded in February 2020 to 1.7 TRILLION shares traded in Feb 2021 if the Bloomberg article is correct. Ms Hodgman/Strzok, Norberg,Gibson et al at the grossly corrupt SEC: HOW MANY OTCM PINK ONEY LAUNDERING SHELLS WENT TO $500/sh as volumes hit 1 TRILLION+???????? ZERO. ZILCH.NADA. Because as the record CLEARLY shows Janey: WHAT IS THE #1 Cardinal Rule for NITE/VIRT,CDEL etc OTCM PINK SHEET MONEY LAUNDERING MARKET MAKERS: Joey Bag O Doughnuts? Under NO circumstances do you EVER EVER EVER cover a naked short position. You print/sell, print/sell, print/sell until demand is satisfied. OTCM/Pink Money laundering shells DO NOT GO UP unless this #1 Rule is violated. a strategy not dissimilar from certain hedge funds and market makers/wholesalers/internalizers in GME and actively facilitated by the grossly corrupt SEC. Defending a naked short position is simple and it isn't done in the options market. JUST PRINT MORE/SELL MORE. The effects of which are clearly evident on the again/always/constantly insolvent Knight/KCG/VIRT: NITE balance sheet. The Sell Side analists have been told by Cifu not to ask what tangible book value is. Doing so would put him on the record. Because even the STATED tangible book value is a fraud. BILLIONS in "assets" that SHOULD be classified as liabilities right now as we speak. The Grossly corrupt SEC let Cifu/Handler/JEF write down more than $4 BILLION in fails right before the VIRT/KCG merger closed July 31, 2017. BILLIONS in "assests" used to calculate the KCG $20/sh tangible book used to value KCG and the JEF position were written down. The Tangible book value calc used to value KCG was complete fraud. The Handler/JEF position was WORTHLESS. Handler KNEW it. Cifu and Viola KNEW it. Goldman Sachs KNEW IT. Repetto KNEW IT. Sullivan Cromwell/Clayton/Fishman KNEW IT. JPM KNEW it. Hutchins/Greifeld KNEW IT. Certainly the SEC KNEW IT. The record Jane: Knight/KCG/VIRT:NITE derives 80-90%+ of their monthly share volumes from OTCM/Pink Sheet money laundering shells. NOWHERE does NITE AFFIRMATIVELY DISCLOSE THIS MASSIVE AML RISK FACTOR in ANY SEC FILINGS. The SEC allows this material ommission. Likewise: NOWHERE does ANY SELL SIDE ANALIST DISCLOSE THIS material FACT OMMISSION in ANY RESEARCH REPORT. INTENTIONALLY MISLEADING the public as to the TRUE nature of the Knight/KCG/VIRT:NITE business model. The SDNY Courts have jurisdiction to impose an IMMEDIATE suspension of trading in NITE/VIRT as it poses a clear and ongoing risk to the public the SEC is mandated to protect but refuses to do so. As I have said from Day 1 Janey: The RECORD: The Core business at Knight/KCG/VIRT:NITE is and ALWAYS has been abusive naked shorting OTCM (and other) Money laundering shells to facilitate money laundering. ACTIVELY facilitated by the grossly corrupt SEC scumbags for the benefit of the criminals like NITE/VIRT,CDEL who OWN them. Now, they were caught by the Redditt crowd. FUCKING BEAUTIFUL! Cheers! Chris From: Chris Dilorio e > Sent: Saturday. February 27. 2021 5:57 PM EFTA00070953 Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix Well well well In case you missed this Melissa Hodgman/Strzok earth shattering announcement that the grossly corrupt SEC is now monitoring social media chat stocks SEC Suspends Trading in 15 Stocks That Got Hyped on Social Media - Bloomberg SEC Suspends Trading in 15 Stocks That Got Hyped on Social Media - Bloomberg U.S. regulators are engaging in the stock market's version of whack-a-mole -- racing to suspend shares of companies with dubious prospects that have been hyped to the moon on social media. www.bloomberg.com EFTA00070954 This isn't as remarkable as the disclosure of OTCM Pink sheet volumes hitting 1.7 TRILLION shares in February 2021. That's ONE TRILLON SEVEN UNDRED BILLION shares of OTCM shares in 1 month: February 2021. The FINRA otcbb.com website has been taken down as a result of this Bloomberg disclosure . I have multiple copies. But, please see the screenshot added above. It is a screenshot of the otcbb.com website before it was taken down. It shows TOTAL OTCM share volumes going from 87.683 BILLION shares traded in February 2020 to 1.7 TRILLION shares 1 year later in February 2021. HOW does that happen? It isn't legal. That is for DAMN sure. So, how's that "thorough investigation" into my Knight/KCG/VIRT: NITE extremely serious allegations coming along? As you can see: not only are ALL of my allegations irrefutably accurate, They are on a scale not even imaginable. Yes, this explains the exploding NITE/VIRT exploding balance sheet and the fraud contained therein. It also implicates CDEL. Because, as I read @dougielarge interview with another Bloomberg Journalist: @Ltabb, CDEL and VIRT traded more than 22% of the market volume. That is a complete fabrication. CDEL and NITE traded MULTIPLES of the total market volume. HOW? ILLEGAL NAKED SHORTING. OTCM Pink sheet money laundering shells specifically: MY CLAIMS Looks like FINRA actually started reporting the REAL OTCM share volumes in 2020 by mistake of course. FINRA otcbb.com website error 503 Cheers! Chris From: Chris Dilorio e > Sent: Friday, February 19, 2021 7:47 AM EFTA00070955 Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix Happy Friday! Everyone catch Chair Waters virtual hearing yesterday w/Ken Griffin/CDEL? If you follow me on twitter: you'll see a nice summary/explanation of the true issues: NITE/VIRT: public company. per my TCR: Joyce joined from Broadcort/Merrill. Knight was clearing through Broadcort/Merrill. Joyce saw the massive fraud from naked shorting. He was perfect fit to run Knight. First thing he did: take Knight self clear. "lower costs". The effect: KNOWINGLY mis classified liabilities as assets: massive ,ongoing accounting fraud. Insolvency. Glitch. Who is on the hook? shareholders. SEC facilitated fraud. CDEL: self clears for internal funds but NOT CDEL Securities: RH,OTCM etc WHY the inconsistency? Because CDEL Securities is a private entity. LLc with Ken Griffin's name on it. Who would be on the hook for Self Clear accounting fraud/liabilities/insolvency? Ken F'n Griffin. So, the inconsistency: WHY self clear for internal funds but NOT CDEL Securities? Griffin not about to be on the hook. CDEL Securities clears Pershing/BoNY Mellon. The largest US correspondent clearing Broker and a HUGE BoNY/Mellon balance sheet that can hide the fraud. Third party. Ironically, Pershing was sister company of DU and Autranet where I worked. First Equitable. Then Autranet/Pershing sold to BoNY Mellon. DU to CS First Boston. Want to get a template?? start with NITE/VIRT. Griffin yesterday: the SEC eliminated illegal naked shorting with Reg Sho:KNOWINGLY LIED SEC fails data is DTCC/NSCC ONLY Obligation Warehouse: Ex CLEARING Created by the grossly corrupt SEC so criminals like NITE/CDEL can circumvent close out REQUIREMENTS of 204. SEC knows EXACTLY level of naked short fails in OW/Ex Clear. They don't disclose. Intentionally misleading the public there is no illegal naked shorting. Janey et al at the grossly corrupt SEC: I think I've read that somewhere before. Cheers! Christopher J Dilorio Whistleblower Extraordinaire From: Chris Dilorio e > Sent: Wednesday, February 17, 2021 3:53 PM EFTA00070956 Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix Judge Preska et al: This is NOTHING and I mean NOTHING compared to the naked shorting going on in the OTCM and clearly evident on the NITE/VIRT balance sheet TODAY As a DIRECT result of SEC corruption and criminal obstruction, the investing public has been placed at risk for the last almost 8 years. AND: Knight/KCG/VIRT: NITE is again/always/continuously INSOLVENT SEC Data Show $359 Million of GameStop Shares Failed to Deliver - Bloomberg SEC Data Show $359 Million of GameStop Shares Failed to Deliver - Bloomberg On Jan. 28, the day after GameStop Corp. mania hit its crescendo on the back of a short squeeze for the record books, about $359 million worth of shares were caught in limbo. www.bloomberg.com Here Glitchy Glitchy Cheers! Christopher J Dilorio Whistleblower Extraordinaire EFTA00070957 From: Chris Dilorio > Sent: Friday, February 12, 2021 2:31 PM Su •Ject: Fw: Forma appea or pre iminary • enia covere• action 2015-016 Knig t Capita TCR : Appen•ix Well, The Sell side got close to asking a few questions regarding the exploding balance sheet at NITE/VIRT. When asking about capital, HOW is it possible that tangible book isn't a topic???? How about TANGIBLE working capital if the per share tangible book value is too complex a calculation? AND WHY would VIRT hold as "assets" ANYTHING related to settlement on its balance sheet?? Can VIRT convert these "assets" to cash for its own use? WHY are failed trades booked as "assets":receivable? Just because VIRT is self clearing does NOT mean they are legitimate "assets". More accurately: LIABILITIES But a GREAT admission came on the earnings call by Cifu himself: Tip toeing around the payment for orderflow issue. In response to question by perma pumper Reppetto: Dougie "we're not gonna publish KCG 2Q2017 financials" Cifu said: "Like really who is NOT benefitting from that system. AND we're putting risk capital up to provide that service." EFTA00070958 "Service"???? what happens BEFORE and AFTER the retail customer gets his/her "price improvement" is the REAL question. because as ALL the Sell Siders Know: NITE/VIRT is a non profit. To fn funny I have hard copies as usual Virtu Financial Inc (VIRT) Q4 2020 Earnings Call Transcript I The Motley Fool Virtu Financial Inc (VIRT) Q4 2020 Earnings Call Transcript I The Motley Fool Virtu Financial Inc (NASDAQ:VIRT) Q4 2020 Earnings Call Feb 11, 2021, 8:30 a.m. ET. Contents: Prepared Remarks; Questions and Answers; Call Participants; Prepared Remarks: Operator. Good day, and ... www.fool.com Cheers! Christopher J Dilorio Whistleblower Extraordinaire From: Chris Dilorio Sent: Thursday, February 11, 20216:14 AM EFTA00070959 Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix Judge Nathan et al, There is NO REAL INVESTIGATION OF MY ALLEGATIONS. The information I have provided resulted in a VERY nice plea deal for Mr Kamensky. Yet, the very same information has amounted to no real investigation by the SEC whatsoever. Today, VIRT/NITE reported Q4 2020 and full year 2020 results. The balance sheet fraud is abundantly evident STILL. https://www.sec.gov/Archives/edgar/data/1592386/000110465921020227/tm216148d1 ex99-1.htm What is tangible book? WHY does receivable not fluctuate? WHY all the trading inventory for an HFT with no DMM? WHY won't the Sell side analysts ask any questions on the balance sheet? So, while Mr Kamensky is virtually a free man as the direct result of my contacting the SONY Courts, the criminal enterprise NITE/VIRT continues to operate UNINTERRUPTED. No Doubt the third NITE/VIRT CFO in just over a year Sean Galvin is keeping the fraud up and running. There is NO SEC investigation. Chris From: Chris Dilorio Sent: Friday, November 6, 2020 7:09 AM EFTA00070960 Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix Janey et al, NITE/VIRT just released 3Q2020 earnings. A direct result of a massive, ongoing, SEC facilitated fraud on the public the SEC is mandated to protect The Balance sheet fraud shell game continues. https://www.sec.gov/Archives/edgar/data/1592386/000110465920122134/tm2034848d1 ex99-1.htm for the sell siders to ask on the earnings Call: Tangible book BEFORE we get into mechanics of the massive, ongoing accounting fraud as a direct result of illegal naked shorting OTCM (and other) shells: I get les than $2/sh. Tell me where I'm wrong. But, it's MUCH MUCH MUCH worse than that; Account receivable : $1.88 billion Payable: $675 million Difference: $1.2 billion AR is where NITE books naked short fails as a result of self clearing. No intention/can't deliver. More accurately: a liability Further: prior commitment on this "asset": settlement. Nothing NITE/VIRT can convert to cash for company use. Also: Trading assets: the old securities owned Trading liabilities: the old securities sold not yet purchased Structural liability as a result of naked shorting. Propped up/off set by securities owned. NITE/VIRT is grossly insolvent STILL/AGAIN/CONSTANTLY. And, no breakdown of the vast driver of trading revenue: US equity market Making Did NITE/VIRT exit the extremely low tech/cash OTCM trading business? NOPE This illegal activity is extremely profitable. Virtually riskless in fact. AND is the driver of trading revenue. WHY the VIRT/KCG merger was done . Abusive naked shorting OTCM/other shells to facilitate money laundering is and always has been the core business at NITE. The SEC knows this. Where are disclosures in SEC filings of this high AML risk business? You won't find any. Cifu stopped reporting post merger. Not in Sell Side models either. INTENTIONALLY misleading the investing public as to the true nature of the NITE/VIRT business model. In short: absolutely NOTHING has changed since the so called "glitch" as a direct result of SEC corruption/obstruction. With help from the SDNY and Sell Side analists covering NITE/VIRT Cheers! Christopher Dilorio Whistleblower From: Chris Dilorio Sent: Wednesday, October 14, 2020 9:00 AM To: EFTA00070961  >; Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix The corrupt, criminal relationship with Handler/Jefferies as I have stated is NOT the only corrupt,criminal relationship the SEC/SDNY have with members of their respective "do not investigate lists". AQR, Blackstone as well as Jay Clayton good fried Glenn Hutchins. Hutchins also worked at Blackstone with Schwarzman prior to founding Silver Lake. Hutchins bought SunGard. Then sold it to FIS. This transaction was the basis of the formation of North Island with former NASDAQ CEO Greifeld. North Island is a top shareholder of the criminal enterprise NITE/VIRT. More context: Greifeld was a Director UK/NJ company called Automated Securities Clearance Ltd https://find-and-update.company-information.service.gov.uk/company/03385409/officers AUTOMATED SECURITIES CLEARANCE (EUROPE) LIMITED - Officers (free information from Companies House) AUTOMATED SECURITIES CLEARANCE (EUROPE) LIMITED - Free company information from Companies House including registered office address, filing history, accounts, annual return, officers, charges, business activity find-and-update.company-information.service.gov.uk Sold to SunGard. Greifeld then became CEO at SunGard. He wasn't at SunGard very long. Then made the jump to CEO of NASDAQ. Curious to say the least. Shortly after becoming NASDAQ CEO, NASDAQ bought the BRUT ECN from SunGard. Self dealing? MUCH WORSE http://innasdaq.comIstatic-files/6b1ca278-75f0-4259-9372-5b3351126a8b ir.nasdaq.com EFTA00070962  12 1 e< 2 h"' 21 e < 16 $ 8; 1< 7 6 =23 $ 54 - :; 2 ( ( 1 - & 2 2 it nasdaq.com As you can see, current NASDAQ CEO Adena Friedman signed off on this transaction. SunGard was then sold to FIS. AFTER it had developed a very interesting product converting Russian Rubles to dollars in real time. https://www.finextra.com/pressarticle/49357/otkritie-capital-taps-sungard-for-automated-ruble-conversion Otkritie Capital taps SunGard for automated Ruble conversion Otkritie Capital (Otkritie), one of the leading financial services providers in Russia, has selected SunGard to help launch a new direct market access (DMA) service allowing for automatic real ... www.finextra.com I'll say that again: FROM Russian rubles TO dollars in real time. Providing DMA to WHICH markets???? So, the marriage of Blackstone Alum Hutchins and Greifeld to form N Island and become a top investor in the criminal enterprise NITE was a natural fit. Money laundering on a MASSIVE scale. Algos and OTCM shells are very complimentary money laundering vehicles. Not to mention: Russian Mirror trades: RU ADR's trade OTCM Pinks as well. The KCG 1Q2014 astronomical increase in OTCM volumes. Expunged from SEC reviewed filings. Attached on previous emails as part of the OWB record. NASDAQ is also the repository of the vast AQR blank check money laundering shells. FULLY SEC reporting for credibility. As with many OTCM shells. The only real difference between a NASDAQ/AQR blank check shell and an OTCM shell is the amount of money being laundered. Clayton should have been investigated and barred from SEC business pending a full and thorough investigation. So, that precludes the corrupt SEC IG Hoecker from any involvement. Cheers! Christopher J Dilorio Whistleblower From: Chris Dilorio Sent: Thursday, September 17, 2020 5:56 PM To: Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix Judge Nathan, EFTA00070963 I applaud your reproof of the SDNY. Now, I urge you to look at the Dan Kamensky case. I have never met Kamensky. When I saw the joint SEC/SDNY complaint I became physically ill. I am an SEC whistleblower. The SEC/SDNY have actively and continuously obstructed a thorough investigation of my extremely serious allegations. In favor of Rich Handler/Jefferies. The IB in the Kamensky case. Based on my experience with the SEC/SDNY I believe they both are withholding exculpatory evidence which impeaches the credibility of the SEC/SDNY/Handler/Jefferies. A corrupt relationship exists between the SEC/SDNY and Handler/Jefferies. In addition to others in my claims. I have contacted Judge Cave as well as Kamensky counsel. Disclosure of this corrupt relationship puts the Neiman Marcus "sting" in a whole different context. The motives of which should be investigated. Respectfully, Christopher J Dilorio Whistleblower From: Chris Dilorio ‹ > Sent: Thursday, September 17, 2020 9:17 AM Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix Please see the new photos attached: Mr Blostein's Eureka moment and Cifu admission that the NITE/VIRT revenue model is driven by the "retail participation" rate: Cifu: "The retail segment of what we do is a SIGNIFICANT portion of our overall American equity segment..." So, are institutions trading .0001 OTCM money laundering shells? Mr Blostein: what are you modeling for NITE/VIRT OTCM share volumes when you KNOW and Cifu admits the importance of these share volumes on the NITE/VIRT revenue model? Does ANY Sell side analyst model this NITE/VIRT revenue driver? WHY doesn't Cifu disclose these share volumes in SEC filings? He used to. Knight/KCG used to as well. See photo. So why did he stop? Did NITE exit OTCM trading? ABSOLUTELY NOT. So the Goldman Analist Blostein KNOWS these share volumes drive revenue at NITE. Blostein doesn't disclose these volumes in his model. Fraud is also an OMISSION of material fact. Time to ask Cifu WHY he doesn't tell you to model OTCM share volumes fellas. This is WHY the SEC/Handler/Jefferies/VIRT/KCG acquisition took place. As Cifu admits: Retail:OTCM drives NITE/VIRT earnings. Cheers! Christopher J Dilorio Whistleblower EFTA00070964 From: Chris Dilorio Sent: Wednesday, September 16, 2020 3:01PM Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix First Sell Sider, SEC,DoJ who can get me a current NITE/VIRT tangible book value calculation wins a prize: Mr Kamensky's freedom. That's BEFORE properly classification of Naked short fails NITE/VIRT KNOWINGLY books as fraud assets: receivable. Mr Blostein, I remember a NITE/VIRT earnings call not to long ago where you made a direct correlation between NITE OTCM share volumes and NITE trading profits. Remember the 1? I have hard copies of that too. Did Cifu threaten you if you bring it up again? Please forward your model including these share volumes so we can compare notes. Who else has been threatened with retaliation by Cifu/Handler? Who has been promised business? Mr Repetto/Fannon? Who has BUY ratings on NITE/VIRT currently? Cheers! Christopher J Dilorio Whistleblower From: Chris Dilorio ‹ > Sent: Wednesday, September 16, 2020 9:20 AM Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix Judge Cave, The criminal, corrupt relationship between the SEC/Handler/NITE goes further. Doesn't it Mr Repetto? For the Sell Siders on this e mail: Please tell Judge Cave, The SEC/Dol, Mr Kamensky's counsel the following: 1) how many red flags in NITE 3 CFO's in a year? 2) What you're modeling for NITE OTCM share volumes 3) WHY none of you question the once again ballooning balance sheet on earnings calls EFTA00070965 The other questions below can be answered by Mr Repetto and Jefferies Mr Fannon Cheers! Christopher J Dilorio Whistleblower From: Chris Dilorio C Sent: Monday, September 14, 2020 9:22 AM To Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix I look forward to speaking with you Regards, Chris From: Chris Dilorio Sent: Monday, September 14, 2020 6:02 AM Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix Judge Jones, Judge Cave Straight forward, irrefutable proof of SEC corrupt relationship with Handler Jefferies: KCG was engaged in abusive naked shorting in months leading up to the SEC/Handler/Jefferies VIRT acquisition closing 7/31/2017 SEC/Handler/Jefferies KNEW the core business at KCG is and always has been abusive naked shorting OTCM and other shells to facilitate money laundering. SEC/Handler/Jefferies knew KCG was insolvent in 2012 as well as 2017 as a direct result of this illegal activity Handler/Jefferies were the largest shareholder of KCG in 2017 when the SEC/Handler/Jefferies/Cifu orchestrated VIRT/KCG merger was consumated https://www.clearygottlieb.com/news-and-insights/news-listing/14-billion-merger-of-kcg-holdings-and-virtu- financial $L4 Billion Merger of KCG Holdings and Virtu Financial I Cleary Gottlieb Cleary Gottlieb is representing Goldman, Sachs & Co., as financial advisor to KCG Holdings in its sale to Virtu Financial in an all-cash transaction valued at $1.4 billion. www.clearygottlieb.com EFTA00070966 SEC/Handler/Jefferies/Cifu used known fraud "assets" on the KCG balance sheet to determine the grossly inflated tangible book value calculation used to value the KCG acquisition price. Immediately prior to the transaction closing on 7/31/2017 the SEC/Cifu wrote down more than $4 billion in leverage from the KCG balance sheet. INCLUDING fraud assets used to calculate the grossly inflated acquisition price of KCG. SEC/Handler/Jefferies KNEW KCG was insolvent in 2012 AND July 2017 The SEC has known about the Knight/KCG/VIRT accounting fraud and securities fraud for years. I TOLD THEM. The SEC has engaged in a massive criminal obstruction scheme that is ongoing to protect NITE/VIRT. As a direct result of this corrupt, criminal scheme the investing public is put at risk, NITE/VIRT is insolvent again/always, Handler/Jefferies benefit, my rights as a whistleblower have been egregiously abused, Kamensky's life is ruined. The SEC/SDNY is making a mockery of your respective courts. Worse: the SEC and SDNY are committing a massive and well known FRAUD on your respective courts. The true character of Handler/ Jefferies as well as the corrupt relationship the SEC has with Handler/Jefferies must be disclosed to Mr Kamensky. Any verdict without these disclosures is a known miscarriage of justice. https://www.lexology.com/library/detailaspx?g=9e2b4e49-See2-48f6-b8c7-03d39d02b5ca SEC ordered to produce Brady and Giglio materials due to joint investigation with U.S. Attorney's office - Lexology A district court ordered the SEC to produce material solely in its possession to a defendant in a parallel criminal prosecution by the U.S. Attorney... www.lexology.com Mr Kamensky WILL have my information. Mr Kamensky WILL have justice. The SEC/Handler/Jefferies/Cifu corrupt criminal relationship and ongoing frauds on the public will be exposed and ENDED. Regards, Christopher J Dilorio Whistleblower From: Chris Dilorio < Sent: Saturday, September 12, 2020 8:23 AM Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix EFTA00070967 Judges Cave and Jones, The SEC corruption goes well beyond just Handler/Jefferies/NITE. My research: I developed a template. I would search NITE top traded OTCM shells. From there: Derivatives. I have filed several separate but related TCR's based on that information. The SEC has brought several actions related to my 2013 Knight TCR with Berger: Hanover/Magna, JMJ,Keener, Hicks, Fife,UBSS, and FINRA's NITE Nov 2016 Rule 204 complaint. ALL my information. In addition: FINRA brought a complaint against Brown Brothers Harriman AFTER the SEC was in possession of my information for almost a year. That complaint IS also my information. New SEC NY Richard Best brought that FINRA complaint. ALL of the entities are un named. WHY? Per the complaint: BBH delivered 80%+ of the trades to executing BD's/MM's. NITE as the #1 trader in the space would most certainly have executed BBH trades converting worthless certs to real money. The BBH complaint also cites un named Swiss Banks and FFI's. As a result of exposing these frauds the SEC/FINRA no longer allow searches of OTCM share volume by Market Maker. Further, Cifu,Handler,the SEC have allowed the post VIRT/KCG: NITE to no longer disclose these share volumes in any SEC filings NOR SEC reviewed investor presentations. Has NITE exited this business? ABSOLUTELY not. It is and always has been the DRIVER of NITE trading profits. Virtually riskless albeit illegal. The investing public is intentionally misled as to the true, core business of NITE. The August 1 2012 "glitch" proved my allegations that Knight was insolvent. Knight had to raise virtually the entire "glitch" loss despite claiming to have a "highly liquid balance sheet". The accounting fraud is a result of the illegal naked shorting. The SEC,Handler,Jefferies et al "glitch" and bailout wasn't JUST a cover up of a massive SEC failure to protect the investing public however. The 2012 "glitch" was the first of many cover ups so that this massive fraud on the public can continue. Per previous correspondence and the extensive record with the SEC: As with the "glitch" ALL participants KNEW exactly the NITE core business and accounting fraud at NITE in 2017 had not changed. As the record clearly shows: NITE was engaged in abusive naked shorting OTCM (and other) money laundering shells immediately prior to the VIRT/KCG merger closing. Many of the same players in the 2017 "glitch" as the 2012 "glitch". JPM,GS,JEF/Handler, and Jay Clayton Sull Crom colleague Jared Fishman. How did the VIRT/KCG merger get approved in the face of the overwhelming evidence I provided? The same way the 2013 Knight/Getco reverse merger got approved: SEC criminal obstruction. In 2017 the SEC,Cifu,Handler wrote down 4 billion+ Naked short fails immediately prior to the VIRT/KCG deal closing. These fraud "assets" were sitting on the KCG balance sheet and used to calculate the grossly inflated tangible book value used in the KCG acquisition price. KCG was grossly insolvent. ALL participants and the SEC knew this. The primary beneficiary of this fraud: Handler/Jefferies. In 1Q2020 I alerted the SEC that absolutely nothing had changed. NITE reported a receivable of 2.5 BILLION+. This was up 90% sequentially. HUGE red flags. No investigation. In 2Q2020 the receivable had fallen by just $100 mil from 1Q. Meaning: The 1Q receivable would have zeroed out within days of March 312020 as is required: settlement Then, the receivable at June 30 was within 100 mil of the March 31 balance. Inconceivable. The March 31receivable was NEVER zeroed out as is required by law. Further, the fails listed as "assets" are a fraud. More accurately: liability. AND there is nothing in the receivable that can be converted into cash for company use. There are prior commitments: settlement. Combine this with the THIRD CFO in a year and you have the makings of ANOTHER "glitch" As I've told the SEC: HFT holdings:seconds. No receivable there. DMM? KCG sold theirs in 2016. So that leaves the VIRT DMM. Even AFTER the massive 2Q2017 Cifu/Handler/SEC write down, the receivable is up more than 6X from the last VIRT stand alone 2Q2017. AGAIN the effects of the core NITE illegal activity. So, what has changed since August 1 2012? Absolutely nothing. This is an ongoing, massive fraud perpetrated on the American people. Well orchestrated by the SEC,Handler/Jefferies,Sull Crom et al. Did Clayton recuse himself from my Award denial? Did Clayton recuse himself from the VIRT/KCG approval? Did Clayton EVER disclose his Sull Crom NITE conflicts? The answer can be found in the very carefully structured complaints against several entities in my 2013 and derivative TCR's: NONE of the activity in these SEC/FINRA complaints takes place without a willing, executing BD/MM converting worthless certs into real money. The #1trader in the space: NITE. Yet, you won't find NITE in EFTA00070968 ANY of these complaints. As far as the SEC is concerned: :"penny stock trading fairies". The corrupt, criminal SEC/Handler/Jefferies relationship explained. I offer AGAIN to fly to SEC DC HQ or NY Office on my own dime to have the best and brightest at the SEC rip me apart and refute my extremely serious allegations 1 by 1. Bring the SDNY too. Better yet: RE forward my information to Handler,Cifu et al. I know they have already seen it from the SEC. I still have yet to be sued by ANYONE related to my information. The Opco Denial Award is also further evidence of SEC criminal obstruction. A gross mishandling of my information to both bring strategic complaints while protecting the criminal entity NITE. Ms Norberg has created some of the most extraordinary reasons for denying my award. The best so far: "SEC investigators never saw my information". An acknowledgement of SEC criminal Obstruction. It is the job of the OWB exclusively and explicitly to distribute whistleblower information within the SEC. A whistleblower has no way of knowing WHO at the SEC is working on a case. Further, despite my request for Norberg to produce the entirety of my extensive record with the SEC, she failed to do so. What was the denial in Opco based on? The SEC, Clayton, Handler, Jefferies, NITE et al ongoing massive fraud on the public must continue. So it does. Mr Kamensky must have my information. This massive fraud on the public MUST end. ALL of it Per the extensive record and my derivative TCR's: It isn't just NITE,Cifu,Handler,Jefferies et al the SEC is protecting. Is it Jane? Regards, Christopher J Dilorio Whistleblower From: Chris Dilorio Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix Janey, MORE EXTRAORDINARY SEC corruption and criminal obstruction designed to protect criminals and screw whistleblowers like me. Despite my very generous 4 day offer to produce the entire record which is the basis of my award application/denial/appeal AND REQUIRED by the statute I have referenced: EFTA00070969 240.21F-12 "Materials that may form the basis of an award determination and that may comprise the record on appeal", The several hundred e mails I have sent you, Hoecker et al MUST be part of this record. Janey, you failed to produce this record. As I made clear: my 6/23/2020 emails to you Hoecker, SEC commissioners were merely re re re sent previously sent e mails: the record. Further, my 6/23/2020 e mail: Formal appeal for preliminary denial covered action 2015-016 Knight Capital & Appendix was merely a summary of several hundred e mails sent to you, Hoecker et al. These e mails SHOULD be the record. You failed to produce the record. Which begs the question: WHAT "record" was used to determine the SEC preliminary denial exactly IF the SEC can't produce the record? The preliminary denial was completely fabricated and must be reversed. But, it doesn't end there: per my 6/23/2020 summary based on several hundred e mails sent to the SEC, the RECORD of EXTRAORDINARY corrupt obstruction designed to protect criminals and screw whistleblowers is not confined to Opco,NITE,UBSS,Sason,Keener etc etc etc. I have filed 2 TCR's with the OWB related to the money laundering/transaction laundering/Putin/Rakishev/Trump/Kushner/Alfa/Crede/Peizer/Milken/Hapoalim/SBNY/CardWorks/ESQ/WireCa rd/AQR etc etc etc fraud known as Net Element. For YEARS the SEC has been in possession of not just my TCR's but HUNDREDS of e mails supporting my TCR's comprising the extensive record. Here again, the SEC is covering up a MASSIVE fraud perpetrated on the public and well within even the grossly corrupt SEC ability to shut down the fraud IF they had used my information to execute its mandate to do so. Instead, the SEC obstructed a thorough investigation. Per my previous e mails: the record: NETE claimed to be a payment processing entity. Claiming further to process BILLIONS of dollars worth of transactions every year. Its subsidiary Pay Online is linked to the massive fraud Wire Card. How's the SEC Wire Card investigation coming along? For years, based on my extensive financials research and other research, I pleaded and pleaded with the SEC to shut down this massive fraud. They did not. email after email. Year after year I wrote the SEC "NETE is a money laundering/transaction laundering fraud". Rather than shut it down, the SEC with the help of NASDAQ allowed fraud public offerings by Crede/Peizer/Milken related entities: Esousa and Cobblestone and a reverse split so NETE could keep its NASDAQ listing. The balance sheet has been grossly insolvent for years: goodwill. ALL of my allegations were confirmed when NETE decided to "unlock value in its payment processing" business by doing a reverse merger with a CA EV "manufacturer" started by a musician. This fraud transaction is quite common in money laundering shell land dominated by NITE/VIRT. The SEC cover up of criminal activity while screwing whistleblowers:ME: The "payment processing business" is to be "sold". Related of course was the SEC cover up of criminal activity while screwing whistleblowers: ME: The Goldman/Sull Cromm advised purchase by ALLY of CardWorks: Merrick Bank: NETE and then the recent unwinding of this fraud transaction. No doubt the brain child of Chair Clayton and his SuII Cromm colleague Jared Fishman who has played a key role in keeping the criminal entity NITE/VIRT up and running. NETE/Mullen: "here glitchy glitchy" cover up. But, who the hell would EVER touch the massive fraud: NETE? Only another fraud: Mullen. Mullen doesn't "manufacture" ANYTHING. Mullen is simply a car dealership. The K50 EV is manufactured in China by Ctiantu a subsidiary of CH-Auto. Qiantu/CH have a production facility in China. There will be no Mullen "production" of EV vehicles in Washington or anywhere else in the US. But, the SEC facilitated fraud doesn't end at protecting criminals and screwing whistleblowers: ME. Per my TCR attached, there is a well orchestrated eco system of fraud. Including "issuer/bag man funded research" that facilitates P&D. In fact, on 11/8/2018 the SEC brought a complaint against an entity I cited in 1 of my emails to the SEC: the record: known as SeeThroughEquity https://www.sec.gov/litigation/complaints/2018/comp-pr2018-259.pdf Seethruequity, LLC, Ajay Tandon, and Amit Tandon EFTA00070970  THE DEFENDANTS 6. SeeThruEquity, LLC is a Delaware limited liability company that was co-founded in 2011 by brothers Ajay Tandon and Amit Tandon. vomv.secgov SeeThroughEquity was engaged in a Pump and Dump promotion of NETE in April and August 2018 https://www.netelement.com/press-releases/release-content/1062906#.XwRXEOWSnIV SeeThruEquity Issues Update on Net Element, Inc. NEW YORK, NY / ACCESSWIRE / April 10, 2018 / SeeThruEquity, a leading independent equity research and corporate access firm focused on smallcap and microcap public companies, today announced that it has issued an update on Net Element, Inc. 0. The note is available here: NETE April 2018 Update Note. Net Element, Inc. (NASDAQ: NETE, "Net Element-) is a global financial www.netelement.com tutps://www.netelement.conn/press-releaseskelease-content/1073467 I #.XwRXGuWSnIV SeeThruEquity Issues Update on Net Element, Inc. NEW YORK, NY / ACCESSWIRE / August 6, 2018 / SeeThruEquity, a leading independent equity research and corporate access firm focused on smallcap and microcap public companies, today announced that it has issued an update on Net Element, Inc. 0. The note is available here: NETE August 2018 Update Note. Net Element Inc. (Nasdaq CM: NETE, "Net Element") is a global financial www.netelement.com So, the SEC SeeThroughEquity complaint acknowledges the fraud associated with NETE. Well orchestrated. This P&D campaign was part of the 2 fraud offerings : Esousa and Cobblestone: I alerted the SEC to. Who PAID for the SeeThrough P&D? Crede/Peizer/Esousa/Cobblestone? The cherry on top of the SEC corrupt obstruction: NETE was still in business in 2020 to receive taxpayer Cares Act money. A summary of the record. Janey, lioecker et al, Please update my Net Element and AQR TCR's Cheers! Christopher J Dilorio Whistleblower Not just irony but a massive fraud on the EFTA00070971 From: Chris Dilorio ‹ > Sent: Tuesday, June 30, 2020 1:01 PM Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix Janey, the purpose of your 5 years in the waiting PRELIMINARY denial of my OpCo Award application could not be any more clear: run the clock out and protect NITE,UBSS,Magna et al while denying me rightful compensation. But, As I have repeatedly told you, Hoecker, your colleagues: the last overt act of this vast conspiracy has not yet occurred: NITE/VIRT is insolvent today 6/30/2020 as a direct result of the SEC facilitated fraud on the public which is and always has been the core business at NITE/VIRT: Abusive naked shorting publicly traded shells to facilitate money laundering. The public is STILL at risk. The SEC has facilitated NITE intentionally misleading the public as to the true nature of its business. The SEC still facilitates this massive fraud on the public while it intentionally misleads the public there is no naked shorting because the SEC authorized the DTCC to create the illegal, shadow clear mechanism Obligation Warehouse (OW) so NITE's criminal activity can continue and it can circumvent close out REQUIREMENTS of Rule 204 of Reg SHO. ALL very much ongoing in June 2020 as a direct result of the SEC (OWB/Hoecker/Enforcement etc etc) criminal obstruction and ACTIVE facilitation of the criminal enterprise known as Knight/KCG/VIRT: NITE. Clayton never disclosed his Sull Crom/Fishman/NITE conflicts. He must step down from the SEC IMMEDIATELY until a criminal investigation can be concluded. NITE must be halted IMMEDIATELY as it still poses a monumental risk to the investing public. FINRA should go back to being a cheerleader as it is just another enabler of this criminal activity. It has NO business enforcing SECURITIES LAWS. It should not be overseeing the OTCM. FINRA fines are a joke and not meant to be a deterrent. INTENTIONALLY siding with criminals over the investing public the SEC is mandated to protect. The cesspool known as the OTCM MUST be shut down. It exists SOLEY for the purpose of facilitating a massive fraud on the public. The OW must be shut down IMMEDIATELY so the public can see just how pervasive naked short selling: MANIPULATION really is. EVERYONE at the SEC who has had contact with my information MUST resign/be terminated IMMEDIATELY. ALL of the AQR blank check shells must be shut down IMMEDIATELY as they pose a serious national security risk. AQR MUST be shut down IMMEDIATELY. Certainly not exhaustive BUT a good start Cheers! Christopher J Dilorio Whistleblower EFTA00070972 From: Chris Dilorio Sent: Tuesday, June 30, 2020 7:36 AM Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix Janey, please add the following info to my appeal of your preliminary denial of my Opco award. More evidence the SEC is using/has used my information to both bring complaints and protect/obstruct complaints. Again, you, McKessy, Hoecker have been in possession of my 2013 TCR filed with Berger for several years. In addition to hundreds of e mails continuing into 2020 showing irrefutable and overwhelming evidence to support my allegations. Highlighted in my attached TCR and related to my Opco Award application: Joshie Sason/Hanover/Magna: CGFIA, IMDS,NewLead,FreeSeas, PRTH etc etc etc. The SEC Sason/NewLead complaint is also my information as I filed separate but related NewLead, and FreeSeas TCR's with your office. The SEC complaint: Sason assignments: bogus notes. NO SHIT? Really? detailed by me. In a