News & Analysis as of

Dodd-Frank Wall Street Reform and Consumer Protection Act Market Manipulation

The Dodd-Frank Wall Street Reform and Consumer Protection Act is a United States federal statute signed into law on July 21, 2010. The Act was passed in response to the Great Recession of the late 2000s and... more +
The Dodd-Frank Wall Street Reform and Consumer Protection Act is a United States federal statute signed into law on July 21, 2010. The Act was passed in response to the Great Recession of the late 2000s and includes broad reforms related to many aspects of the financial and banking industry. Notable sections of the Act include stricter regulations of the derivatives market, as well as the Volcker Rule, which restricts the trading practices of FDIC-insured institutions.    less -
BCLP

CFTC’s Consent Order with Trafigura Trading: When Inaction Becomes Action

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On June 17, 2024, the CFTC filed a consent order against Trafigura Trading LLC, requiring the company to pay a $55 million civil monetary penalty and implement remedial measures. The CFTC’s order details three violations of...more

WilmerHale

CFTC Anti-Fraud and Anti-Manipulation Authority: A Focus on Intermediaries

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The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), significantly expanded the Commodity Futures Trading Commission’s (“CFTC” or “Commission”) anti-fraud and anti-manipulation statutory...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

Lowenstein Sandler LLP

SEC Adopts Rules to Combat Fraud and Undue Influence in the Security-Based Swap Market

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On June 7, 2023, the Securities and Exchange Commission (“SEC”) adopted, pursuant to the Securities Exchange Act of 1934 (“Exchange Act”), (i) new Rule 9j-1 to combat fraud, manipulation, and deception in connection with...more

Holland & Knight LLP

Exponential Growth in SEC Whistleblower Program: A Sign of Things to Come for FY 2022

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"Record breaking" is how the U.S. Securities and Exchange Commission (SEC) described its whistleblower program results in FY 2021, and it's not hard to see why. The agency continued to receive tips from all corners of the...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

Cozen O'Connor

Google Faces 2 Antitrust Suits | “Made In USA” Glue Isn’t | Mortgage-Backed Securities Settlement

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Antitrust- Google Is in the Crosshairs of Two Multistate Antitrust Suits- •Two groups of AGs filed antitrust lawsuits against Google LLC (“Google”). •A group of seven Republican AGs, led by Texas AG Ken Paxton, sued...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

A&O Shearman

CFTC Settlement In Kraft Unwound Due To Ineffectuality Of Confidentiality Provisions, Setting Up Possible Key Legal Rulings On...

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On October 23, 2019, Judge John Robert Blakey of the United States District Court for the Northern District of Illinois vacated the $16 million settlement consent order between the U.S. Commodity Futures Trading Commission...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

Jones Day

Trial Loss Unlikely to Significantly Alter CFTC Efforts to Police Market Manipulation

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The Situation: Judge Richard Sullivan of the Southern District of New York ("SDNY") recently issued a post-trial decision in a market manipulation action brought by the Commodity Futures Trading Commission ("CFTC") in 2013. ...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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An early look at the reaction from allies Canada, Mexico, and the EU to this week’s announcement from the White House that it was moving forward with steel and aluminum tariffs against these US trading partners....more

Robins Kaplan LLP

Your Daily Dose of Financial News

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A federal jury in Brooklyn has found former HSBC Holdings exec Mark Johnson guilty on 9 counts of front-running that grew out of the DOJ’s investigation into forex manipulation at HSBC....more

Clark Hill PLC

First-Ever "Spoofing" Conviction Upheld by the Seventh Circuit

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In today's computer-driven world, trading firms use computer software to execute, at very high speed, large volumes of trades. Their trading strategies take advantage of minor discrepancies in the prices of securities or...more

A&O Shearman

Seventh Circuit Upholds First Spoofing Conviction Against High-Frequency Trader

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On August 7, 2017, the Seventh Circuit upheld the conviction of Michael Coscia, founder of Panther Energy Trading LLC, for a market manipulation tactic known as “spoofing,” under Section 6c(a)(5)(C) and 13(a)(2) of the...more

Eversheds Sutherland (US) LLP

Seventh Circuit Upholds First-Ever “Spoofing” Conviction

On August 8, 2017, a three-judge panel of the US Court of Appeals for the Seventh Circuit unanimously upheld the first-ever criminal conviction of a New Jersey futures trader for the manipulative trading practice known as...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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The Times gives us some insight into the opaque (but powerful) HNA Group—the Chinese entity that began with Hainan Airlines and has grown into a global investing and acquisition powerhouse that is now the largest shareholder...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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The FHLB Boston’s $5.9 billion MBS case against Morgan Stanley, UBS, and Credit Suisse, is back in Massachusetts state court—a result of the Supreme Court’s Lightfoot v. Cendant Mortgage case that held that Fannie Mae’s...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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RBS has agreed to pay $85 million to the CFTC to resolve allegations that its traders “manipulated the ISDAfix benchmark rate over a period of five years to benefit the bank’s derivatives positions”....more

Proskauer - Corporate Defense and Disputes

CFTC Accuses Firm Manually Entering Orders Of Spoofing Scheme That Fooled Algorithmic Traders

Potentially abusive trading algorithms, such as algorithms that purportedly engage in “spoofing” or “layering” are the subject of considerable regulatory interest. However, in an interesting complaint filed on October 19,...more

Morrison & Foerster LLP

FERC Seeks to Expand Electricity Market Surveillance with New Data Reporting Requirements

On September 17, 2015, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) to expand the obligations of Regional Transmission Organizations and Independent System Operators...more

Morgan Lewis

The US Government’s Charge Against “Spoofing”

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Asset managers should consider the practical implications of these recent developments. Signaling a new area of criminal and civil securities enforcement, federal regulators are flexing their newly acquired powers under...more

Goodwin

Financial Services Weekly News Roundup - June 2015 #2

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Regulatory Developments: SEC Chair Highlights Recent Accomplishments - In a June 4, 2015 speech, SEC Chair Mary Jo White highlighted recent activities of the SEC and identified work to be done in the near future....more

Dorsey & Whitney LLP

This Week In Securities Litigation

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This week Senator Elizabeth Warren forwarded a 13 page letter to SEC Chair White regarding her performance in office. The letter highlighted what it calls a “significant gap” between the promises of Ms. White at the time she...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The CFTC’s Fraud-Based Manipulation Authority Raises Questions"

In October 2013, the Commodity Futures Trading Commission used enforcement powers it gained under the Dodd-Frank Act in an order finding that a major financial institution recklessly employed manipulative devices in trading...more

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