Tag: CFTC

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Article: The Legal and Economic Implications from Recent UK Spoofing Cases

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The Legal and Economic Implications from Recent UK Spoofing Cases.

Yan Cao, Marlene Haas, Greg Leonard, 23 March 2021

The UK Financial Conduct Authority (“FCA”)[1] has in recent years intensified its efforts in securities and commodities markets to detect and pursue the type of disruptive trading behaviour called “spoofing.” This emphasis coincides with a similarly increasing focus by the US Commodity Futures Trading Commission (“CFTC”) and the US Department of Justice (“DOJ”) on spoofing cases in the US. Spoofing may take different forms, but usually involves the placing of non-bona fide orders, often of large quantity, on one side of the market while trying to execute a bona fide order on the other side of the market. Once the bona fide order has been executed, the trader cancels the non-bona fide orders quickly. To date, more than 40 enforcement actions targeting spoofing have been filed against individuals and companies by US regulators and more than 5 have been filed by UK regulators. In February 2019, Julia Hoggett, the FCA’s Director of Market Oversight, delivered a speech about the FCA’s commitment to tackling market abuse, calling compliance with such rules “critical to the integrity and health of our financial markets.” Continue reading “Article: The Legal and Economic Implications from Recent UK Spoofing Cases”

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Article: Coinbase pays $6.5M to settle government investigation into false reporting

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Coinbase pays $6.5M to settle government investigation into false reporting

DUNCAN RILEY, 21 March 2021

Cryptocurrency exchange Coinbase Global Inc. has been fined $6.5 million by the U.S. Commodity Future Trading Commision to settle allegations that it undertook reckless false, misleading or inaccurate reporting as well as so-called wash trading between 2015 and 2018.

Along with the fine, announced Friday, Coinbase is also subject to stop any further violations of the Commodity Exchange Act or CFTC regulations.

Between January 2015 and September 2018, Coinbase is said to have operated two automated trading programs, Hedger and Replicator, that generated orders that at times matched one another on the GDAX electronic trading platform operated by the company. Although the GDAX rules did disclose that Coinbase was trading on the GDAX it failed to disclose that Coinbase was operating more than one trading program and trading through multiple accounts. Continue reading “Article: Coinbase pays $6.5M to settle government investigation into false reporting”

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Article: Coinbase Expected to Pay $ 6.5 Million Fine Following Market Manipulation Allegations

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Coinbase Expected to Pay $ 6.5 Million Fine Following Market Manipulation Allegations

EXPLICA.CO, 20 March 2021

The Commodity Futures Trading Commission (CFTC) issued on Friday (19) a request to file and resolve charges against Coinbase, the San Francisco, California-based exchange, for “reckless, false, misleading or inaccurate reports, as well as negotiations for employee laundering in the GDAX (current Coinbase Pro) of the Coinbase platform. ”The order requires the broker to pay a civil penalty of US $ 6.5 million (R $ 35.69 million) and stop any other violation of the Commodity Exchange Act or CFTC regulations, as charged.

“Reporting false, misleading or inaccurate transaction information undermines the integrity of digital asset pricing,” said Chief Inspector Vincent McGonagle. “This enforcement action sends the message that the Commission will act to safeguard the integrity and transparency of such information.”

Understand the case:

According to the prosecution, between January 2015 and September 2018, Coinbase “recklessly delivered false, misleading or inaccurate reports on transactions in digital assets, including Bitcoin, on the GDAX e-commerce platform that it operated.” During these 3 years, Coinbase operated two trading bots, Hedger and Replicator, which generated orders that sometimes coincided with each other. The GDAX trading rules specifically disclosed that Coinbase operated on GDAX, but did not disclose that Coinbase operated more than one trading program and was effectively generating volume across multiple accounts.

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Article: Current Attempts To Define Regulator Roles in Cryptocurrency Enforcement Actions

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Current Attempts To Define Regulator Roles in Cryptocurrency Enforcement Actions

Kenneth M. Breen and Phara A. Guberman, 19 March 2021

On March 5, 2021, the U.S. Attorney’s Office for the Southern District of New York charged John McAfee and his former employee, Jimmy Gale Watson, with conspiracy, fraud, and money laundering charges in connection with his cryptocurrency activities—specifically McAfee’s Twitter statements touting various cryptocurrencies and his false and misleading statements concerning personal investments or other involvement with those same cryptocurrencies. The U.S. Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) have filed civil charges against McAfee and his former colleague in separate parallel actions, each based on a different aspect of McAfee’s alleged scheme. This case and the expected upcoming congressional task force on cryptocurrencies are likely to provide the market with more clarity on how coins and projects will be treated in investigations, including whether they can be treated as securities or commodities and the relative roles of the SEC and CFTC.

In the McAfee case, the first alleged part of the scheme is a pump-and-dump. A pump-and-dump scheme generally involves a party or entity acquiring a position in a financial instrument and then artificially inflating the value of that instrument before selling at an inflated price. In this case, McAfee and his team allegedly bought large quantities of various less popular than Bitcoin but publicly traded cryptocurrencies, such as Dogecoin, Reddcoin, and Verge. McAfee, a public figure of sorts because of his anti-virus software and social media following, then publicly endorsed and recommended a particular cryptocurrency on Twitter. When the value of that cryptocurrency increased, McAfee and his team sold their investments, earning a cumulative profit of approximately $2 million. According to the indictment, McAfee liquidated many of his cryptocurrency holdings through New York Stock-Exchange-based companies, implicating various securities laws.

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Article: Bank of America, Morgan Stanley win dismissal of metals spoofing litigation

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Bank of America, Morgan Stanley win dismissal of metals spoofing litigation

Jonathan Stempel, 05 March 2021

NEW YORK (Reuters) – A federal judge in Manhattan on Thursday dismissed litigation by traders and trading firms accusing Bank of America Corp and Morgan Stanley of manipulating the precious metals futures market by placing trades and then cancelling them before execution, or “spoofing”.

U.S. District Judge Lewis Liman in Manhattan said the June 2019 lawsuit over alleged spoofing in gold, silver, platinum and palladium futures from 2007 to 2014 was filed long after the two-year federal statute of limitations had run out.

The investors said the clock started in January 2018 when the traders Edward Bases and John Pacilio, both from Connecticut and also defendants, were charged with commodities fraud. Six other people were criminally charged at the time. Continue reading “Article: Bank of America, Morgan Stanley win dismissal of metals spoofing litigation”

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Article: Ignoring years of silver price manipulation, Orwellian CFTC now goes after Reddit Apes

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Ignoring years of silver price manipulation, Orwellian CFTC now goes after Reddit Apes

Ronan Manly, Bullion Star, 04 March 2021

On Monday 1 March, an article in Bloomberg Law by CFTC connected lawyers from law firm Clifford Chance revealed that the Commodity Futures Trading Commission (CFTC) is reportedly investigating retail silver trader activity in the silver price and that the US Department of Justice looks set to investigate as well.

Before looking at this shocker of an Orwellian development, it’s helpful to provide some context on the CFTC’s track behavior in this area and to show how hypocritical such a development would be. Continue reading “Article: Ignoring years of silver price manipulation, Orwellian CFTC now goes after Reddit Apes”

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Article: How Regulating GameStop’s ‘Market Manipulation’ Could Harm Crypto

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How Regulating GameStop’s ‘Market Manipulation’ Could Harm Crypto

Benjamin Sauter, Steven Perlstein, William McGovern and David McGill, 02 March 2021

The ongoing roller-coaster ride of GameStop, dogecoin and other so-called meme stocks has led day traders, market makers and exchanges to attack each other with knee-jerk accusations of “market manipulation.” When this happens, the primary winners are government regulators seeking to expand the scope of their authority. Industry cries of market “manipulation” – from all sides – are not only shortsighted. They also risk setting the market on a path towards an enforcement framework that all market participants may come to regret, no matter what side they think they are currently on.

Reddit takes on Wall Street
Since early this year, by sharing tips and organizing on social media platforms such as Reddit and Twitter, individual traders have been able to rally prices of meme stocks to unbelievable heights. First, it was GameStop, AMC and a handful of other targets, with traders sending prices skyward 1,500% or more. Then, traders set their sights beyond the securities markets: dogecoin (DOGE) rose over 800% in 24 hours after a tweet from Elon Musk rallied the masses behind it.

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Article: Recent Swap Manipulation Cases

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Recent Swap Manipulation Cases

Arent Fox, Les Jacobowitz, 24 February 2021

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 action was filed in February of 2021 in U.S. District Court in the Southern District of New York (SDNY) against a U.S. dollar swaps trader and managing director of a global investment bank for “engag[ing] in a scheme to deceive and to manipulate the price of U.S. dollar interest rate swap spreads…” 1 The facts of this case are very similar to those of a case filed a little more than a year ago – a bond issuance with a governmental issuer, and the pricing of a related swap through an interdealer broker firm. Both cases illustrate potential flagrant violations of the Commodity Exchange Act (“CEA”) and CFTC regulations.

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Article: Federal agencies launch probe into possible manipulation after GameStop trading frenzy: WSJ

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Federal agencies launch probe into possible manipulation after GameStop trading frenzy: WSJ

Noor Zainab Hussain, 11 February 2021

(Reuters) – Federal prosecutors and regulators are investigating whether “market manipulation or other types of misconduct” led to a meteoric rise in shares of companies such as GameStop and AMC, the Wall Street Journal reported on Thursday.

The Justice Department’s fraud section and the San Francisco U.S. attorney’s office have sought information about the trading from brokers and social-media companies that were hubs for the trading, the WSJ reported, citing people familiar with the matter. on.wsj.com/3abznn1

Prosecutors have subpoenaed information from brokers such as Robinhood, according to the report.

Additionally, the Commodity Futures Trading Commission has opened a preliminary investigation into whether misconduct occurred as some Reddit traders targeted silver futures, the WSJ report.

A Justice Department spokesperson did not immediately respond to a Reuters request for comment.

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Article: Government agencies probe GameStop pump over potential illegal manipulation

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Government agencies probe GameStop pump over potential illegal manipulation

DUNCAN RILEY, 11 February 2021

U.S. government agencies have launched federal investigations into whether the social-media-driven activity around GameStop Corp.’s share price rise in January constituted illegal market manipulation.

According to a report today in The Wall Street Journal, both the U.S. Department of Justice and the Commodity Futures Trading Commission are formally investigating the pump of GME stock, and the Securities and Exchange Commission is also reviewing the matter.

The investigation by the justice department is being led by the department’s fraud section and the San Francisco U.S. attorney’s office who have sought information about the security activity from brokers and social media companies that were at the center of the trading frenzy. Subpoenas are said to have been issued for information to brokers including Robinhood Markets Inc. that was widely used by those buying up GameStop and other shares such as AMC Entertainment Holdings Inc. Continue reading “Article: Government agencies probe GameStop pump over potential illegal manipulation”

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Article: U.S. commodities regulator monitoring silver markets activity -acting chairman

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U.S. commodities regulator monitoring silver markets activity -acting chairman

Lisa Lambert, 02 February 2021

WASHINGTON, Feb 1 (Reuters) – The U.S. commodities regulator is closely monitoring recent activity in the silver markets and working with fellow regulators to address any potential from the moves, said its acting chairman, Rostin Behnam, in a statement released on Monday.

The Commodity Futures Trading Commission “is communicating with fellow regulators, the exchanges, and stakeholders to address any potential threats to the integrity of the derivatives markets for silver, and remains vigilant in surveilling these markets for fraud and manipulation,” Behnam said.

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Article: Deutsche Bank Agrees to $130 Million Settlement Over Claims of Bribery, Market Manipulation

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Deutsche Bank Agrees to $130 Million Settlement Over Claims of Bribery, Market Manipulation

Dani Alexis Ryskamp, J.D., 22 January 2021

Deutsche Bank recently agreed to pay over $130 million in a settlement involving two separate claims—that Deutsche Bank paid bribes for overseas business and that it was involved in the manipulation of metal markets. The settlement’s terms also include a three-year deferred prosecution agreement. Continue reading “Article: Deutsche Bank Agrees to $130 Million Settlement Over Claims of Bribery, Market Manipulation”

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Article: Deutsche Bank Reaches $100 Million Deferred-Prosecution Deal

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Deutsche Bank Reaches $100 Million Deferred-Prosecution Deal

Bloomberg, 08 January 2021

Deutsche Bank AG agreed to pay more than $130 million to settle criminal and civil charges that it bribed foreign officials and manipulated the market for precious-metals futures through a trading tactic known as spoofing. The Frankfurt-based bank agreed to a deal in which it won’t be prosecuted as long as it doesn’t engage in the practices again for more than three years, and wasn’t required to spoofing. Big banks have been rushing to conclude legal deals before the change of U.S. administrations, partly out of concern that there may be stiffer fines under a Democratic president. Three top U.S.-based banks agreed to pay more than $4 billion in settlements announced just before the November election, on issues ranging from bribery to market manipulation. Continue reading “Article: Deutsche Bank Reaches $100 Million Deferred-Prosecution Deal”

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Article: Market Manipulation and Trading Violations

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Market Manipulation and Trading Violations

MCONSTANTINE CANNON, 08 January 2021

Deutsche Bank Aktiengesellschaft entered into a deferred prosecution agreement and agreed to pay over $130 million to resolve charges that the financial services company violated the FCPA and engaged in a commodities fraud scheme. The SEC charged that Deutsche Bank made payments to individuals including foreign officials, their relatives, and their associates as third-party intermediaries and consultants to obtain and retain global business, and lacked sufficient internal accounting controls related to the use and payment of such intermediaries, resulting in millions in bribe payments or payments for unknown, undocumented, or unauthorized services that were inaccurately recorded as legitimate business expenses with documentation falsified by Deutsche Bank employees. The agreed payment represents a $79.6 million criminal penalty and $43.3 million in disgorgement in prejudgment interest to the SEC. Separately, in connection with a spoofing scheme undertaken by Deutsche precious metals traders in New York, Singapore, and London the bank agreed to a total of $7.5 million in criminal penalties, disgorgement, and restitution, the penalty amount of which will be credited against a 2018 $30 million CFTC civil penalty for substantially the same conduct.

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