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The Complaint alleged that Bos fraudulently solicited pool participants to trade binary options through one of two pools that he binary options founders claimed would generate significant profits based on purported past profitable trading.

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The Complaint alleged that Bos willfully or recklessly ignored red flags that should have prompted him to seek corroboration of profitability returns at Nadex and instead he distributed improbable profit figures to both existing participants and new prospects.

The Complaint also alleged that Bos issued false account statements to pool participants. Additionally, Bos violated Nadex Rule 3.

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Finally, Bos was negligent in his administrative responsibilities, claimed to take certain representations at face value, and failed to independently verify claims regarding account balances and profitability at Nadex. Additionally, the Compliance Department maintains jurisdiction pursuant to Nadex Rule 2.

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As such, both Berkley Capital Management and Arie Bos are permanently banned from trading on Nadex Markets, either directly for their own accounts, through an intermediary, or as authorized traders on behalf of any other account.