The Commodities Enforcement Landscape: Spoofing, Manipulation and More
Feb 29, 2024
auto_awesome
Experts discuss commodities enforcement, jurisdictional complexities between CFTC and DOJ, collaborative investigative approaches, prosecuting financial crimes like spoofing and insider trading, and challenges of cross market manipulation. Closing remarks urge audience engagement and podcast subscription.
Digital assets are a major focus for commodities enforcement, demanding increased resources and attention due to their market influence.
Strict liability regulatory offenses are gaining prominence, signaling a shift towards addressing registration violations and other infractions through criminal liabilities.
Enforcement priorities emphasize quality over quantity, targeting elaborate cross-market manipulations and under-prosecuted areas for effective deterrence and misconduct prevention.
Deep dives
Prioritizing Digital Assets in Enforcement Actions
Digital assets have become a significant focus in enforcement actions by both the CFTC and DOJ, with approximately 50% of recent CFTC cases involving digital assets. This emerging area requires a substantial allocation of resources and attention due to the complexity and increasing influence of digital assets in the market.
Emphasis on Regulatory Violations and Registration Offenses
Both agencies are showing heightened interest in strict liability regulatory offenses that were typically addressed by policy divisions. Cases involving registration violations or other regulatory infractions related to criminal liabilities are gaining attention and contributing to the evolving enforcement landscape.
Focus on High-Impact and Quality Cases
Anticipated enforcement priorities involve pursuing fewer, but more high-impact and complex cases. The shift is towards quality over quantity, with a particular emphasis on elaborate cross-market manipulations and under-prosecuted areas to achieve significant deterrence and address misconduct effectively.
Cross-Market Manipulation and Correlated Instruments
There is a noticeable trend towards investigating cross-market manipulations, especially in correlated instruments. Market participants engaging in manipulative trading across linked markets are under scrutiny, with a strategic focus on leveraging data analytics to identify and prosecute such violations efficiently.
Challenges of Increasingly Complex Cases and Data Analytics
Enforcement agencies face the challenge of handling more complex and data-intensive cases, requiring significant resources and expertise. Bringing larger, multifaceted cases to court demands meticulous data analysis, advanced data synthesis from multiple sources, and a strategic approach to explaining such intricacies to juries effectively.
On this episode of the inSecurities podcast, Chris and Kurt tackle commodities enforcement. Jamie McDonald, a Partner at Sullivan & Cromwell and a former Director of Enforcement at the Commodity Futures Trading Commission, and Avi Perry, a Partner at Quinn Emanuel Urquhart & Sullivan and a former Chief of the Market Integrity and Major Frauds Unit in the Department of Justice Criminal Division’s Fraud Section, offer their perspectives on civil and criminal commodities investigations and enforcement. Jamie and Avi explain how they helped shape the CFTC and DOJ enforcement programs, how the agencies coordinate on enforcement matters, and what count among the current commodities enforcement priorities for the CFTC and DOJ.
Get the Snipd podcast app
Unlock the knowledge in podcasts with the podcast player of the future.
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode
Save any moment
Hear something you like? Tap your headphones to save it with AI-generated key takeaways
Share & Export
Send highlights to Twitter, WhatsApp or export them to Notion, Readwise & more
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode