News & Analysis as of

Commodities Fraud

The Volkov Law Group

CFTC Fines Trafigura $55MM for Market Abuses, Interfering with Whistleblower Communications

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On June 17, 2024, the U.S. Commodity Futures Trading Commission (CFTC) announced that trading giant Trafigura had agreed to pay a $55 million fine to settle charges of fraud and manipulation. The conduct at issue allegedly...more

Bradley Arant Boult Cummings LLP

Spoofing Market Manipulation Cases Set Stage for More Enforcement

The Seventh Circuit issued the third in a trilogy of opinions in October establishing the metes and bounds for criminal prosecutions of “spoofing”—a form of market manipulation, mostly in the commodities markets—that Congress...more

Holland & Knight LLP

Double Jeopardy for Double Counting? CFTC and FTC Both Scrutinize Fraud in Carbon Markets

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The Federal Trade Commission (FTC) and Commodity Futures Trading Commission (CFTC) have recently and aggressively signaled their intent to ramp up enforcement activity regarding the use of carbon offsets to make environmental...more

Wilson Sonsini Goodrich & Rosati

CFTC Announces Initiatives on Carbon Markets

In press releases issued in late June, the Commodity Futures Trading Commission (CFTC) announced its enforcement division’s creation of a task force on environmental fraud, and publicized its whistleblower office’s alert to...more

A&O Shearman

Help Wanted: CFTC invites whistleblowers to look for fraud and manipulation in the carbon markets

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The U.S. Commodity Futures Trading Commission’s (CFTC) Whistleblower Office took the unusual step of inviting market participants to look for and submit tips related to fraud, manipulation, and other forms of misconduct in...more

Mintz

CFTC Asserts Enforcement Authority Over Carbon Markets

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Last week, the CFTC solicited whistleblowers in connection with "potential [] fraud and manipulation" in "voluntary carbon markets," particularly in circumstances "in which high-quality carbon credits, also known as carbon...more

Morgan Lewis - Power & Pipes

CFTC to Hold Second Voluntary Carbon Markets Convening on July 19

One week after the Commodity Futures Trading Commission’s (CFTC) Whistleblower Office issued an alert seeking tips on potential fraud and manipulation in the carbon markets, the CFTC chairman announced that the second...more

Cadwalader, Wickersham & Taft LLP

CFTC Enforcement Encourages Carbon Markets Whistleblowers

On June 20, following a number of consultative papers, reports, committee hearings and public speeches by representatives of the Commodity Futures Trading Commission (“CFTC”), the staff of CFTC’s Division of Enforcement...more

BakerHostetler

Jury Finds Former NFT Marketplace Manager Guilty of 'Insider Trading' Wire Fraud Scheme and Money Laundering

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On May 3, 2023, a jury found Nathaniel Chastain, a former manager of OpenSea (a major NFT marketplace), guilty of wire fraud and money laundering in connection with his attempts to conceal his use of confidential business...more

BakerHostetler

U.S. Exchange Closes, Swiss Bank Expands Crypto Offerings; NFA Issues Digital Asset Commodities Rule; Crypto Enforcement...

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Crypto Exchange Ends U.S. Operations, Swiss Bank to Expand Crypto Offerings - Late last month, Bittrex, a leading cryptocurrency exchange founded in Seattle, announced it was closing U.S. operations effective April 30,...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

A House Of Cards Falls Down

Takeaway: Ignorance was not bliss for Samuel Bankman-Fried. The young cryptocurrency entrepreneur faces 8 charges in the Southern District of New York for allegations that his company, FTX, mishandled millions of dollars of...more

A&O Shearman

Seventh Circuit Affirms Dismissal Of Exchange Act Claim Against Owner Of Options Exchange, Finding Plaintiffs Failed To Adequately...

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On July 27, 2022, a unanimous panel of the United States Court of Appeals for the Seventh Circuit affirmed a decision of the United States District Court for the Northern District of Illinois dismissing a putative securities...more

The Volkov Law Group

Glencore’s Commodity Trading Fraud Scheme (Part IV of V)

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Glencore’s settlement with DOJ and the CFTC revealed a plethora of manipulative, deceptive and corrupt conduct, which spanned from at least 2007 to 2018 and occurred in the United States and global oil markets, including...more

Morrison & Foerster LLP

CFTC Chairman Rostin Behnam Delivers Remarks at FIA International Futures Industry Conference

On March 16, 2022, Commodity Futures Trading Commission (“CFTC”) Chairman Rostin Behnam delivered a keynote address at the FIA Boca 2022 International Futures Industry Conference. Behnam called for a “culture of compliance”...more

Jones Day

JONES DAY TALKS®: CFTC and DOJ Target Derivatives Trading Across Industries

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In an effort to pursue unlawful trading in the derivatives markets, the U.S. Commodity Futures Trading Commission ("CFTC") and U.S. Department of Justice ("DOJ") have in recent years engaged in unprecedented levels of...more

Morgan Lewis - Power & Pipes

Another Guilty Plea in Insider Trading Case Under CFTC’s Anti-Manipulation Rule

A natural gas trader pleaded guilty in federal district court last week to conspiring to commit commodities fraud and wire fraud in an insider trading scheme over natural gas futures. His co-conspirator had pleaded guilty...more

The Volkov Law Group

Deutsche Bank Agrees to Pay $130 Million to Resolve FCPA and Fraud Cases (Part I of II)

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Deutsche Bank, the infamous German bank connected to President Trump, settled FCPA and fraud cases with the Justice Department and the SEC, and agreed to pay a total of $130 million....more

ArentFox Schiff

Deutsche Bank DPA Reflects Government’s Focus on Third-Party Risk Management and Data-Driven Compliance Programs

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On January 8, 2021, US authorities announced that they reached an agreement with Deutsche Bank Aktiengesellschaft (Deutsche Bank) to resolve the government’s investigation into violations of the Foreign Corrupt Practices Act...more

Morgan Lewis - Power & Pipes

CFTC Review of WTI Futures Contract Prices Captures Attention of Industry Market Participants

The Commodity Futures Trading Commission (CFTC) indicated on April 24 that it is conducting a review of the $40-per-barrel plunge in the WTI crude price that occurred on April 20. The CFTC stated that it is conducting the...more

Hogan Lovells

U.S. SEC and Longfin CEO settle fraud action

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The SEC has settled its fraud action against Longfin CEO Venkata Meenavalli, who has agreed to pay $400,000 in disgorgement and penalties. The SEC's complaint alleged that Longfin and Meenavalli obtained qualification for...more

Dechert LLP

CFTC’s Enforcement Division Releases 2019 Annual Report

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The CFTC’s Division of Enforcement (Division) released its Annual Report on November 25, 2019, summarizing the Division’s activities over the past year.1 In FY 2019, the CFTC filed 69 enforcement actions, down from 83 in FY...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ninth Circuit Holds CFTC Dodd-Frank Enforcement Authority Allows Fraud-Only Claims

On July 25, 2019, the Ninth Circuit reinstated the Commodity Futures Trading Commission’s (CFTC) lawsuit in CFTC v. Monex Credit Co.,1 interpreting the CFTC’s Dodd-Frank enforcement authority under Commodity Exchange Act...more

Jones Day

Commodity Exchange Act: Key Decisions from 2018 and Enforcement Trends to Monitor in 2019

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2018 was an interesting year for market participants subject to the Commodity Exchange Act ("CEA"), with federal appellate courts issuing three noteworthy decisions involving claims under the CEA. The Commodity Futures...more

Dechert LLP

US Blockchain Enforcement and Litigation Update

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Over the past two years, prices for cryptocurrencies and other digital assets have experienced extreme gains and declines, while billions of dollars have been raised through Initial Coin Offerings (“ICOs”). In this dynamic...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts

This is the inaugural issue of The Distributed Ledger, a periodic publication covering the latest trends and developments in blockchain technology, digital assets and smart contracts. In this edition, we examine a federal...more

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