News & Analysis as of

Price Manipulation

BakerHostetler

Deeper Dive: Understanding the 2023-24 Crypto Threat Landscape

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As the Web3 and digital assets ecosystem continues to grow, hacks, scams and other threats remain a major cause for concern and a potential impediment to broader adoption. Data from various sources indicates that after a year...more

Seward & Kissel LLP

SEC Charges Publisher for Manipulation Scheme Targeting Retail Investors

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Who may be interested: Investment Advisers - Quick Take: The SEC filed a complaint in federal court charging activist short publisher Andrew Left and Citron Capital, LLC, an investment adviser he operated, with securities...more

Brownstein Hyatt Farber Schreck

Nevada Federal Court Denies Antitrust Conspiracy Based on Use of a Pricing Algorithm

In what will be one of the most important decisions in antitrust since the proliferation of algorithm software, on May 8, 2024, Chief Judge Miranda Du of the United States District Court, District of Nevada, granted the hotel...more

White & Case LLP

United States Expands and Strengthens Enforcement of Antidumping and Countervailing Duty Laws

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On March 25, 2024, the US Department of Commerce (“DOC”) published a final rule revising substantive and procedural aspects of antidumping duty (“ADD”) and countervailing duty (“CVD”) investigations. The changes enter into...more

Proskauer Rose LLP

UK Tax Round Up - February 2024

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Settlement payment subject to tax as employment income - In Mathur v HMRC, the Upper Tribunal (UT) has upheld the FTT’s decision that a £6 million settlement payment to a former employee following an employment tribunal...more

Freiberger Haber LLP

Enforcement News: Misappropriation of Client Funds and Stock Manipulation

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It should come as no surprise that one of the goals of an investment fraud is the theft of customer funds for the scammer’s personal benefit. In legal parlance, this aspect of a fraudulent investment scheme is called...more

Latham & Watkins LLP

Hong Kong Issues Guidance on Automatic Share Buyback Programs

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The SEHK guidance sets out the framework for its assessment in considering a waiver application of the increasingly popular automatic share buyback program. The Stock Exchange of Hong Kong Limited (the SEHK) has issued a...more

Vinson & Elkins LLP

Meatpacking Scrutiny Accelerates as Senate Considers New Antitrust Bill

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On September 14, 2023, Senator Josh Hawley of Missouri introduced the Strengthening Antitrust Enforcement for Meatpacking Act of 2023, an ambitious new piece of legislation designed to halt consolidation in the meatpacking...more

Paul Hastings LLP

Closing in on Security-Based Swaps – SEC Finalizes Antifraud Rules

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On June 7, 2023, the Securities and Exchange Commission adopted final rule 9j-1 (“Rule 9j-1”)1 under the Securities Exchange Act of 1934 (the “Act”). Rule 9j-1 is designed to prevent fraud, manipulation, and deception in...more

Cadwalader, Wickersham & Taft LLP

CFTC’s Enforcement of Fraudulent and Manipulative Pump-and-Dump Scheme in Crypto Commodities

The Commodity Futures Trading Commission (“CFTC”) has two levels of jurisdiction under the Commodity Exchange Act (“CEA”). First, there is an exclusive (or regulatory) jurisdiction over “derivatives” on “commodities,”...more

Epstein Becker & Green

Recent Actions Highlight That Price Fixing Reaches Beyond Agreements on the Ultimate Price

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Price-fixing agreements among horizontal competitors raise significant antitrust concerns under Section 1 of the Sherman Act....more

Nelson Mullins Riley & Scarborough LLP

The Approaching Stablecoin Regulations

In the wake of the LUNA-UST collapse in which the value of UST and LUNA crashed over 99 percent over a period of days due price manipulation of the algorithmic stablecoin, the Federal Reserve and other regulators have become...more

Robins Kaplan LLP

Mining Giant Glencore Fined $1.1B Over Global Bribery and Price Manipulation Scheme

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Glencore, a giant in the commodities and mining scenes, will pay $1.1 billion “to settle charges that two of its units bribed officials in several countries and manipulated oil prices,” a deal that follows “months of...more

Robins Kaplan LLP

DOJ Probes Short Sellers Over Possible Market Manipulation Efforts

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DOJ officials are investigating whether some activist investors—including “prominent short sellers . . . Carson Block and Andrew Left”—crossed lines in their efforts to expose “companies with shoddy or even fraudulent...more

BCLP

SEC Tightens Accounting for “Spring-Loaded” Equity Awards

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Spring-loading - awarding equity awards before announcing material good news - was in the headlines 15 years ago but still surfaces on occasion, notably when in July 2020 Kodak made large grants to executives the day before a...more

Womble Bond Dickinson

Biden Administration Prioritizes Corporate Criminal Enforcement

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Takeaways: ..In recent remarks, top DOJ officials stated that DOJ will “surge resources” and “redouble efforts” for corporate enforcement. ..Areas of particular concern include Foreign Corrupt Practices Act,...more

Dorsey & Whitney LLP

SEC Enforcement: A Review of 3Q21

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The new Director of the Enforcement Division, Gurbir Grewal, assumed his position during the Third Quarter of 2021. Even if he hits the ground running it typically takes time to adjust to the environment. ...more

Womble Bond Dickinson

Report: DOJ Launches Investigation into Alleged Energy Pricing Benchmark Fraud

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Investigators with the U.S. Department of Justice reportedly are investigating energy pricing benchmarks published by Platts, targeting suspected manipulation of deal prices provided by individual traders.  According to...more

Katten Muchin Rosenman LLP

Second Circuit Opinion Allows Market Manipulation Claims Based on Hedging Activity

On April 27, the US Court of Appeals for the Second Circuit released its opinion in Set Capital LLC v. Credit Suisse Group AG, No. 19-3466 (2d Cir. 2021). The decision is noteworthy because the Court permitted market...more

Morgan Lewis - Power & Pipes

CFTC Obtains Another Guilty Plea of Market Manipulation, Makes Criminal Referral

The Commodity Futures Trading Commission (CFTC) announced last week that it has obtained another admission from a trader of violations of the Commodity Exchange Act and CFTC regulations ...more

WilmerHale

CFTC 2020 Enforcement and Regulatory Developments and a Look Forward

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2020 saw continuity in CFTC leadership, programs, and direction from 2019. Overall, the Commission enjoyed an unusually heavy rulemaking calendar and continued the direction of its enforcement program from 2019. On the...more

ArentFox Schiff

Recent Swap Manipulation Cases

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In recent years, the Commodity Futures Trading Commission (CFTC) filed two actions with facts so shocking the reader is forced to ask, ‘can this be how the industry really functions?’ The Complaints - The most recent...more

Orrick, Herrington & Sutcliffe LLP

CFTC Charges an Energy Company and its Employee with Foreign Corruption

In a coordinated enforcement action with the DOJ, the CFTC filed and simultaneously settled charges against Vitol Inc., the U.S. affiliate of one of the world’s largest energy trading firms. ...more

Dorsey & Whitney LLP

SEC Enforcement’s Third Quarter: More Cases, Broader Reach

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The Commission frequently increases the rate at enforcement actions are filed in advance of the September 30th fiscal year end. That fiscal year end is followed by Congressional budget hearings where statistics are at least...more

The Volkov Law Group

DOJ and CFTC Settle Spoofing Case with Scotiabank for $127.4 Million

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In the last five years, the Justice Department and the Commodities Futures Trading Commission have aggressively prosecuted “spoofing” cases.  While the government’s record in these cases has been mixed, the government has...more

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