Poker Player Dan Shak Settles COMEX-Spoofing Accusation for $750K

High-stakes poker player Dan Shak has agreed to pay $750K to federal regulators to settle an accusation that he spoofed the gold and silver markets on the Commodity Exchange Inc. (COMEX).

Dan Shak, COMEX, Commodity Futures Trading Commission, CFTC
Dan Shak claims he was confident he would have prevailed at trial but didn’t want the hassle of a lengthy and costly lawsuit. (Image: REG)

“Spoofing” refers to the illegal practice of placing bids on commodities with the intent to cancel before execution in order to manipulate the market.

Shak was sued by the Commodity Futures Trading Commission (CFTC) in August 2022 in a civil lawsuit that alleged he had engaged in “manipulative or deceptive acts.” From February 2015 through March 2018, he placed large orders for gold or silver futures that he had no intention of closing, according to the CFTC.

At the same time, he entered genuine orders on the opposite side of these markets, the lawsuit claimed.

Market Ban

The poker player “knew or was reckless to the fact that his Spoof Orders would send false signals of supply and demand into the market and would deceive or trick other market participants,” per the CFTC.

Under the terms of the settlement, Shak agreed not to deny the allegations but also not to admit to them. He is also prohibited from having any commodity interests traded on his behalf and soliciting, receiving, or accepting any funds from anyone for the purpose of selling commodities.

While I am confident I could have prevailed at trial, I have concluded the right decision for my family and me is to resolve this matter with no admission of wrongdoing and without the cost, delay, and distraction of protracted litigation,” Shak said in a statement issued to PokerNews via his lawyer.

“I was an active trader making millions of trades per year, and the CFTC’s allegations relate to a small fraction of trades that allegedly occurred from 2015 to 2018,” he added.

Previous Violations

In 2013, Shak paid a $400K fine to the CFTC for trying to manipulate the price of light sweet crude oil futures contracts on the New York Mercantile Exchange (NYMEX). He was banned from trading outright futures contracts for two years. Just under two years later, he was fined $100,000 for violating that ban.

Shak has around $11.7 million in gross tournament earnings, according to the Hendon Mob Database. He is the founder and former principle of hedge fund SHK Management. He currently described himself on his LinkedIn page as a “self-employed commodities trader.”

Shak hit the headlines in 2012 when he sued his ex-wife, the poker player Beth Shak, claiming he was unaware of her $1 million shoe collection at the time of their divorce three years prior.

Dan claimed Beth hid her collection of 1,200 designer shoes from him, “possibly using a secret room” in their former $7.5 million Manhattan apartment. Had he known about the expensive footwear, he may have had to pay out less in the divorce settlement, he lamented.

“He is saying he didn’t know the closet in our master bedroom existed,” Beth told The New York Post. 

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Atlantic City Settles with Cop Cleared of Violent Attack on Tropicana Patron

An Atlantic City police officer has received a $323,631 payout from city officials, NJ.com reports. The sum was given after the officer was cleared of using excessive force when he set his K-9 on a drunken reveler outside the Tropicana.

Sterling Wheaten
Sterling Wheaten
Sterling Wheaten, above, has been the subject of 23 allegations of assault or excessive force in his seven-year career. (Image: ACPD)

Sterling Wheaten, 40, was indicted by a federal grand jury in 2018 on charges of violating civil rights and falsifying a police report. The charges were in relation to the 2013 arrest of 20-year-old law student David Connor Castellani. Security video of the violent arrest went viral on social media.

The jury cleared Wheaten of those charges in February last year, and the officer sued the city for the earnings he would have received had he not been suspended without pay, plus legal expenses. He resumed working for the Atlantic City Police Department in March.

In 2017, the city also paid $3 million to settle a civil lawsuit brought by Castellani for damages. He was hospitalized for four days and needed more than 200 stitches after being mauled by Wheaten’s dog for almost two minutes, according to court documents.

Drunk and Disorderly

Castellani was part of a group of five friends who hit the Trop on June 15 that year for an evening’s drinking. But he was kicked out of the casino three times that night for being underage, according to court documents.

At one point, he was detained by a member of the casino’s security staff and cited by a responding officer for disorderly conduct before being released.

Then he showed up on the Tropicana security video at around 3 a.m., apparently verbally insulting a group of police officers across the street.

The officers attempted to arrest Castellani, who resisted. He was punched, struck with a baton, and wrestled to the ground, as police called for K-9 backup.

By the time Wheaten arrived, Castellani was lying on his stomach with an officer kneeling on his head and neck and others securing his legs. His left hand was cuffed.

The video appears to show Wheaten punching the prone man twice while allowing his dog to attack his neck before it cuts out.

Previous Allegations

Wheaten had been the subject of 23 allegations of assault or excessive force in his seven-year career. In 2013, a jury awarded former deputy state attorney general Michael Trosso $500K. That was after a group of officers that included Wheaten beat him up outside Harrahs before arresting him on his 2008 stag night.

“The City of Atlantic City is statutorily obligated to pay back pay and recognized lawyer fees,” Mayor Marty Small Sr. said, as the council voted to award Wheaten his back pay, as reported by NJ.com. “The city policy is suspension without pay until a situation is resolved.

“The bottom line, Mr. Wheaten was victorious (in court)” by being found not guilty of the federal charges,” Small added.

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