From: Chris Dilorio ‹ > Sent: Sunda Au • ust 29 2021 10:17 AM Subject: Fw: Formal appeal for covered action 2015-016/ Knight Capital TCR & Appendix SDNY,NY Supreme Court, NJ Judges When I say: EFTA00093872
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 I am not making a flippant statement. I am making an IRREFUTABLY ACCURATE statement. Let's put ANY lingering doubt to rest. Per my correspondence with the SEC: the RECORD "MEMX: Obligation 2.0 Just between us criminals" Let's look at the SEC actions in unleashing this massive, illegal activity on the public it is mandated to protect. In September, 2020 as MEMX was going live with the blessing of the SEC, MEMX wrote to the SEC to get an exemption from compliance with the Securities Laws of our country. MEMX No-Action Letter (sec.gov) General Counsel MEMX LLC 111 Town Square Place, Suite 520 September 18, 2020 Anders Franzon General Counsel MEMX LLC 111 Town Square Place, Suite 520 Jersey City, NJ 07310 Dear Mr. Franzon: In your letter dated September 18, 2020,1 you request assurance that the Staff will not recommend enforcement action to the Commission under paragraph (a) of Rule 10b- www.sec.gov AND Order Granting Application of MEMX LLC for a Limited Exemption from Exchange Act Rule 10b-10(a)(2)(i) (A) pursuant to Rule 10b-10(f) (sec.gov) SECURITIES AND EXCHANGE COMMISSION Release No. 34-89926 September 18, 2020 - SEC.gov I HOME 211. Background. 4. a. The Exchange . MEMX is registered as a national securities exchange under Section 6 of the Exchange Act. 5 The Members of the Exchange consist of those broker-dealers admitted to Membership and entitled to enter orders in, and receive executions through, the www.sec.gov Specifically, the criminal entity MEMX which was created so criminals NITE, CDEL et al could carry on their illegal activity asked the SEC for and was granted an exemption to Rule 10b10 of the 1934 US Securities Act (SEC Commissioners should it aquaint themselves with both the 33 and 34 Acts). 10b10 relates to written/paper confirms to clients after a trade has been executed. This ALSO creates a paper trail. Let me give give your Honors a bit of context before we analyze these exemptions granted by the SEC. The STATED business models of NITE and CDEL: PFOF/Intemalization/Wholesaling The purchase of customer orders so as to trade against/ahead all day long while claiming to provide "best execution" The STATED business model of MEMX: ANNONYMOUS, AGENCY executions where there are ZERO commissions. A blatant, egregious LIE. COMPLETELY at the opposite end of the spectrum from the stated business models of both NITE and CDEL. See, unlike the corrupt SEC lawyers, I HAVE actually worked at an agency only executing BD. I can tell you, it was profitable. The ONLY thing that makes an all agency business profitable is if commissions are NOT zero. EFTA00093873
Yet, somehow MEMX: NITE,CDEL et al convinced the SEC that it would be executing anonymous, agency only trades for ZERO commissions. How STUPID can you be and still breathe? Of course, the criminals at MEMX "tripple dog promised" the SEC that there would be no proprietary PRINCIPAL transactions exempted. WOW! This is WHY MEMX was created. For proprietary/PRINCIPAL transactions. MEMX "argument": Because ALL trades are anonymous/as agent, clearing and settlement would ALSO be anonymous. AND therefore MEMX would NOT be able to ascertain the identities/addresses of the customers they execute trades for. SO, they can't send any confirms. MORE blatant and egregious LIES. ALL trades are executed BROKER TO BROKER. There is no Judge Swain buys from Judge Nathan ANYWHERE in the execution description. It's NITE sells to Morgan Stanley. Or CDEL sells to Schwab. Then the clearing/settlement process starts. Back offices communicate: do you know this trade: CONFIRMATION. Then settlement: this is where the individual accounts if any are credited/debited. Then WRITTEN confirms go out. A paper trail. It defies the most basic understanding of this process to say: "We can't locate/don't know who is executing trades on MEMX for us to send confirms out". The SEC went along WILLINGLY. In fact, these confirms do NOT need to be mailed. ALL the NITE/CDEL respective back offices have to do is WALK them across the trading floor and HAND them to the executing MM! Let me repeat: "MEMX: OW 2.0 JUST BETWEEN US CRIMINALS" Created and approved by the SEC so that massive criminal activity detailed by me in multiple TCR's can not only continue. BUT can absolutely SKYROCKET to a level in IQ 2021 that NO ONE even thought possible. Summary: MEMX: "anonymous, AGENCY only execution with ZERO commissions created by criminals NITE/CDEL whose STATED business model is PFOF/INTERNALIZATION/WHOLESALING. AND the SEC believed that SHIT over the multiple pleadings of the whistleblower who saw it coming: ME. From the SEC letter granting MASSIVE exemptions of Rule 10b10: written confirms/paper trails to the egregious illegal activity by KNOWN criminals: "Conclusion" "Based on the facts and representations contained in the Application, we find that it is appropriate AND IN THE PUBLIC INTEREST and consistent with the PROTECTION OF INVESTORS to grant the Exchange (MEMX), on behalf of its Members (NITE,CDEL et al) a LIMITED exemption from the Contra Party Identity Requirement in Rule 10b-10(a)(2)(i)(A)" "Sincerely, J Matthew DeLesDernier Grossly Corrupt SEC" Mr Gensler: did the SEC grant ANY OTHER 10b10 Reporting Exemptions to ANY other "Agency only order matching" EXCHANGES? MEMX seems to be the only ONE with the inability to comply with 10b10. SEC Commissioners: were there any dissenting opinions to this exemption for MEMX ONLY? I can't seem to find any. In furtherance of the conspiracy Cheers! Christopher J Dilorio Whistleblower Extraordinaire EFTA00093874

