Robert Fallon

Robert Fallon

Stinson Leonard Street

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Auditors Of Futures Commission Merchants: Know The Audit Rules Or You Will Be Fined

A recent $100,000 settlement between the Commodity Futures Trading Commission (CFTC) and an accounting firm highlights — for accounting firms auditing Futures Commission Merchants (FCM) — the importance of closely following...more

5/7/2014 - Audits CFTC FCMs Settlement

CFTC Opens Broad Inquiry Into Swap Data Recordkeeping And Reporting

Following up on its January 21, 2014, formation of an interdivisional staff working group (Working Group) to review its swap data reporting and other provisions of Part 45 of its regulations, on March 19, 2014, the Commodity...more

3/26/2014 - CFTC Major Swap Participants Recordkeeping Requirements Reporting Requirements Swap Clearing Swap Data Repositories Swaps

Second Recent CFTC “Banging The Close” Case Results In Various CEA Violations, Fines, Trading Bans

On November 25, 2013, the Commodity Futures Trading Commission (CFTC) settled with Daniel Shak and SHK Management LLC (collectively Respondents) for violating the Commodity Exchange Act (CEA). ...more

12/9/2013 - Banging the Close CFTC Commodities Exchange Act Enforcement Actions

Protecting A Position By “Banging The Close” And “Spoofing” Will Be Penalized – The CFTC

On November 6, 2013, the Commodity Futures Trading Commission filed suit against Donald R. Wilson and his company, DRW Investments, for “banging the close” and “spoofing” the IDEX USD Three-Month Interest Rate Swap Futures...more

11/22/2013 - Asset Valuations Banging the Close CFTC Interest Rates Penalties Spoofing

“Red Flags” Of Market Manipulation And Effective Compliance Programs

Last week current and former supervisory personnel in the Enforcement Divisions of the Commodity Futures Trading Commission and Federal Energy Regulatory Commission spoke – at an Energy Bar luncheon – about (1) the “red...more

11/14/2013 - CFTC Compliance Enforcement FERC SEC

Record CFTC Fines In 2013

On October 24, 2013, the CFTC Enforcement Division announced its 2013 fiscal year results – 82 filed enforcement actions and record fines of $1.7 billion ($1.5 billion in civil penalties and $200 million in restitution and...more

10/28/2013 - CFTC Compliance Enforcement Actions Fines

Lie To Protect Yourself Or Your Employer In CFTC Investigations And You Will Be Punished

Section 753 of the Dodd-Frank Act added a new section to the Commodity Exchange Act to make it unlawful “for any person to make any false or misleading statement of a material fact to the Commission … or to omit to state in...more

10/9/2013 - CFTC Commodities Exchange Act Dodd-Frank Investigations Lying

FERC Chairman’s Letter To Senate Highlights FERC-CFTC Tension And A Voluntary Trader Ban In The JP Morgan $410 Million FERC...

This past Monday, September 9, the Federal Energy Regulatory Commission (FERC) posted a letter from its chairman, Jon Wellinghopf, to Senators Elizabeth Warren and Edward Markey responding to their inquiries on the...more

9/12/2013 - CFTC Disgorgement Dodd-Frank FERC JPMorgan Chase Settlement

CFTC Clarifies That Typical Retail Energy Contracts Are Not Subject To Regulation Under Dodd-Frank’s Retail Commodity Transaction...

On Friday August 23, the Commodity Futures Trading Commission clarified that typical retail energy contracts with homeowners and commercial users will not be subject to the Dodd-Frank Act’s requirements applicable to “Retail...more

8/27/2013 - CFTC Commodities Exchange Act Dodd-Frank Energy

FERC’s BP America Manipulation Show Cause And Proposed $28 Million Penalty Highlights The Interrelationship Between CFTC And FERC...

The Federal Energy Regulatory Commission’s (FERC) August 5, 2013, $28 million show cause order against BP America Inc. and other BP affiliates highlights the interrelationship between the Commodity Futures Trading Commission...more

8/20/2013 - BP CFTC Enforcement FERC Oil & Gas Penalties

High Frequency Trader “Spoofs” And “Layers” His Way To Penalties From U.S And British Regulators

On July 22, 2013, regulators from the United States Commodity Futures Trading Commission (CFTC) and the British Financial Conduct Authority (FCA) fined high frequency trader Michael Coscia (and his firm Panther Energy...more

7/31/2013 - CFTC Dodd-Frank Financial Conduct Authority High Frequency Trading Spoofing

CFTC Seeks Comment On Guidance Concerning Illegal Wash Trades

On July 15, 2013, the CFTC sought comments on a proposed CME Group Market Regulation Advisory (Advisory) providing guidance and answering frequently asked questions on wash trades....more

7/22/2013 - CFTC CME Intent Provider Self-Disclosure Protocol Wash Trades

DC Circuit Upholds CFTC Rules Using Criteria Prior To 2003 For Excluding Registered Investment Companies From Commodity Pool...

The United States Court of Appeals for the District of Columbia Circuit yesterday upheld the Commodity Futures Trading Commission’s (CFTC) final rule on the criteria that registered investment companies (RICs) must meet to be...more

6/26/2013 - CFTC Commodity Pool CPO RICs

CFTC’s Final Rule On Disruptive Trading Clarifies Disruptive Trading Practices, Including That “Strobing” Is Prohibited “Spoofing”

The Commodity Futures Trading Commission’s (CFTC’s) final interpretative guidance and policy statement on disruptive trading clarifies various aspects of, but does not deviate significantly from, its proposed interpretive...more

5/26/2013 - CFTC Disruptive Trading Practices Spoofing Strobing

CFTC (And FERC) Compliance Managers Take Note – CFTC Schedules Vote On Final Interpretation Of Disruptive Trading Practices

At its open meeting on May 16, 2013, the Commodity Futures Trading Commission will vote on the final interpretative rule for disruptive trading practices under Section 747 of the Dodd-Frank Act. That order should be of...more

5/15/2013 - CFTC Compliance Dodd-Frank FERC Unfair or Deceptive Trade Practices

CFTC Reiterates That “Wash Trades” Are “Grave Violations” In Penalizing Two Experienced Traders For Wash Trading

On Monday, April 29, the Commodity Futures Trading Commission reiterated that wash trades (transactions without intent to take genuine, bona fide positions in the market, such as simultaneous purchases and sales designed to...more

5/3/2013 - CFTC Penalties Wash Trades

CFTC’s Final Rule Exempting Certain RTO Transactions From CFTC Regulation Largely Affirms Earlier Order But Offers Helpful Changes...

On March 28, 2013, the Commodity Futures Trading Commission issued a final rule that largely affirmed its earlier proposal to exempt certain FERC and Texas PUC regulated transactions from CFTC jurisdiction and provided...more

4/8/2013 - CFTC Exemptions Final Rules ISOs RTO Swaps

DC Circuit Tells FERC That CFTC Has Exclusive Jurisdiction Over Manipulation In Futures Markets Even If It Impacts FERC Markets

On Friday, the United States Court of Appeals for the District of Columbia Circuit told the Federal Energy Regulatory Commission (FERC) that the Commodity Futures Trading Commission (CFTC) has exclusive jurisdiction over...more

3/20/2013 - CFTC Exclusive Jurisdiction FERC Futures Natural Gas

CFTC Announces Second Spoofing Action Against Commodity Traders

The Commodity Futures Trading Commission (CFTC) recently announced its second enforcement action against a commodity trader for engaging in the manipulative scheme called “spoofing.” U.S. Commodity Futures Trading Commission...more

1/4/2013 - CFTC Commodities Enforcement Actions Spoofing

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