Shortly after filing its complaint against ROFX and the entities and individuals associated with this fraudulent Forex scheme, the United States Commodity Futures Trading Commission (CFTC) has submitted a motion for preliminary injunction against the defendants in this case.

The document, seen by FX News Group, moves the Florida Southern District Court for an order of preliminary injunction against the following defendants: 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, Shopostar LLC d/b/a ROFX, and Jase Davis, Borys Konovalenko, Anna Shymko, Alla Skala, and Timothy Stubbs.

As alleged in the Complaint for Injunctive and Other Equitable Relief and Civil Monetary Penalties under the Commodity Exchange Act, the defendants have engaged, are engaging, and/or may be about to engage in acts and practices that constitute violations of 7 U.S.C. §§ 6b(a)(2)(A), (C), 6d(a)(1), 9(1) and 17 C.F.R. §§ 5.2(b)(1), (3), and 180.1(a) (2021).

The CFTC moves for a preliminary injunction to protect the Court’s ability to grant full and effective relief by preserving the status quo, pending trial on the merits of this action, specifically:

1. freezing Defendants’ assets and ordering transfer and repatriation of misappropriated customer funds to the registry of the Clerk of the Court;

2. requiring Defendants to provide the CFTC with a full accounting of their assets, including the disposition of ROFX customers’ funds from receipt until present;

3. permitting the CFTC to inspect Defendants’ physical and electronically-held records, including authorizing the copying of the records to allow inspection to occur and requiring Defendants to provide information necessary to locate and access those records;

4. prohibiting Defendants from destroying, altering, or disposing of any records; and

5. preliminarily enjoining Defendants from further violating the Commodity Exchange Act and Commission Regulations as alleged in the Complaint.

Notus LLC d/b/a ROFX is a recently dissolved Colorado limited liability company whose former principal address was 3801 East Florida Avenue, Suite 400, Denver, Colorado 80210. Notus was previously formed in Oregon on August 16, 2013 by Konovalenko and dissolved by Stubbs on April 28, 2015. Konovalenko subsequently re-formed Notus in Colorado using Stubbs’ residence as its principal place of business. 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, and Skala are, or were, owners or members of Notus. Notus has never been registered with the CFTC.

Easy Com LLC d/b/a ROFX is a New Hampshire limited liability company whose principal office address is 155 Fleet Street, Portsmouth, New Hampshire, 03801. Easy Com is an entity which accepted over $15 million in ROFX customer funds during the Relevant Period. Shymko and Davis are, or were, owners and members of Easy Com. Easy Com has never been registered with the CFTC in any capacity.

Global E-Advantages LLC a/k/a Kickmagic LLC d/b/a ROFX is a Delaware limited liability company and New York foreign limited liability company with a service of process address at 55 14th Avenue, North Tonawanda, New York, 14120. GEA is an entity which accepted over $4 million in ROFX customer funds during the Relevant Period. GEA has never been registered with the CFTC in any capacity.

Grovee LLC d/b/a ROFX is a Delaware limited liability company whose registered agent’s address is 3422 Old Capitol Trail, Suite 700, Wilmington, Delaware 19808. Grovee is an entity which accepted over $1.2 million in ROFX customer funds during the Relevant Period. Grovee has never been registered with the CFTC in any capacity.

Shopostar LLC d/b/a ROFX is a Colorado limited liability company whose principal office address is 7887 East Belleview Avenue, Suite 1100, Denver, Colorado 80011 and principal office mailing address is 6619 Brock Circle, Brandon, Mississippi 39042. 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 egistered with the CFTC in any capacity.

Jase Davis resides in Brandon, Mississippi, and upon information and belief, was born in Ukraine. Davis purchased Easy Com from Anna Shymko in November 2020. He represents himself as the sole member of Easy Com and is the sole signatory on two Easy Com bank accounts at Bank of America and JP Morgan Chase, into which he accepted over $15 million in ROFX customer funds during the Relevant Period. Davis has never been registered with the CFTC in any capacity.

Borys Konovalenko is a Ukrainian citizen and, upon information and belief, currently resides in Ukraine. Konovalenko is, or was, an owner and managing director of Notus and is, or was, an owner and manager of Shopostar.

Konovalenko was a signatory or co-signatory to U.S. bank accounts into which he accepted over $23 million in ROFX customer funds during the Relevant Period, including: (a) a Notus account at Bank of America which accepted over $9 million in customer funds (b) two Shopostar accounts at Bank of America which accepted $13.5 million in customer funds; and (c) two Kickmagic accounts at Bank of America which accepted $556,000 in customer funds. Konovalenko personally accepted funds from these accounts during the Relevant Period. He has never been registered with the CFTC in any capacity.

Anna Shymko resides in Duluth, Georgia. Shymko was the managing member of Notus beginning April 14, 2021, until September 16, 2021, when she filed articles dissolving Notus with the Colorado Secretary of State. In addition, Shymko organized and was the initial managing member of Easy Com beginning September 22, 2020, until November 3, 2020, when she purportedly sold all of her interests in Easy Com to Jase Davis. Shymko has never been registered with the CFTC in any capacity.

Alla Skala is a Canadian citizen who was born in Ukraine. Upon information and belief, Skala resides in Grand Island, New York and/or Fort Erie, Ontario. Skala identified herself as the sole owner of Notus and appointed herself as the manager of Notus on or about November 12, 2019.

On December 6, 2019, Skala filed Notus’s foreign limited liability application with the New York Secretary of State. Skala is a signatory and co-signatory to U.S. bank accounts into which she accepted over $26 million in ROFX customer funds during the Relevant Period, including: (a) a Notus account at Key Bank which accepted $13.2 million in customer funds; (b) a Notus account at Bank of America which accepted over $9 million in customer funds; and (c) a GEA account at M&T Bank which accepted $4.2 in customer funds. Skala personally accepted funds from these accounts during the Relevant Period. She has never been registered with the CFTC in any capacity.

Timothy Stubbs is a U.S. citizen who, upon information and belief, is a Certified Public Accountant residing in Brandon, Mississippi and/or the Atlanta, Georgia area. Upon information and belief, Stubbs resides or resided at one or both of the Brandon, Mississippi addresses provided on various Notus and Shopostar corporate filings with both the Oregon Secretary of State and Colorado Secretary of State. Stubbs represents himself as the manager of Grovee and is the signatory on a Grovee account at Bank of America into which he accepted $153,000 in customer funds during the Relevant Period. Stubbs personally accepted funds from this account and other Corporate Defendants’ bank accounts accepting ROFX customer funds.

Stubbs identified himself as having a “Power of Attorney” over Notus in the documents he filed in April 2015 when he dissolved the Oregon version of Notus. He has never been registered with the CFTC in any capacity.

The CFTC alleges that from at least January 2018 through September 2021, Facilitating Defendants, individually and as the controlling persons of Corporate Defendants, acting through, and/or in conjunction with, the web-based entity www.ROFX.net, misappropriated at least $58 million as part of a fraudulent common enterprise in, and/or in connection with, the offering of leveraged, margined or financed agreements, contracts, or transactions in retail foreign currency to U.S. and international customers who were not eligible contracts participants (“ECPs”).

Facilitating Defendants, individually and as the controlling persons of Corporate Defendants—operating through a maze of interrelated companies, shared managers, members and addresses—accepted funds from ROFX customers that were intended to be used to margin, leverage or finance agreements, contracts, or transactions in forex as described on the ROFX website.

Customers first became aware of Defendants’ participation in ROFX’s solicitations when Defendants accepted customers’ funds to margin, guarantee, or secure customers’ forex trades solicited through the ROFX website.

Corporate Defendants and Facilitating Defendants acted as a single, integrated common enterprise and misappropriated all of the at least $58 million they accepted from over 1,100 ROFX customers by immediately wiring said funds to offshore entities with no connection to forex trading.