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CFTC Continues to Exercise Expanded Enforcement Authority Granted Under Dodd-Frank

By Douglas M. Grom, Douglas E. Arend & Aimee Wildstone on May 7, 2015
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After enactment of the Dodd-Frank Wall Street Reform and Customer Protection Act of 2010 (“Dodd-Frank”), Commodity Futures Trading Commission (“CFTC”) expanded its enforcement authority outside the traditional realm of exchange-traded commodities.  The 11th Circuit Court of Appeals has confirmed CFTC authority over certain retail commodity transactions when no exception to the Commodity Exchange Act exists.  In exercising its authority, CFTC has initiated actions against a number of unregistered precious metals dealers who engage in off-exchange transactions.  CFTC alleged the precious metals dealers did not meet the physical delivery requirements that would exempt their transactions from being conducted on a registered exchange.  CFTC further alleged that the dealers neither intended to deliver the commodity nor were capable of delivering it.

Over the last few years, and more importantly over the last several months, consent orders have been entered in several cases which impose significant monetary penalties, require restitution, and imposed permanent trading and registration bans from engaging in impermissible off-exchange transactions.

Photo of Douglas E. Arend Douglas E. Arend

Doug Arend focuses his practice on commodity futures, derivatives and securities, with an emphasis on managed funds. He represents registered and exempt investment advisers, commodity pools and hedge funds, traditional proprietary trading firms, introducing brokers, futures commission merchants and broker-dealers. Doug has significant…

Doug Arend focuses his practice on commodity futures, derivatives and securities, with an emphasis on managed funds. He represents registered and exempt investment advisers, commodity pools and hedge funds, traditional proprietary trading firms, introducing brokers, futures commission merchants and broker-dealers. Doug has significant experience advising funded-trader proprietary trading firms regarding a wide variety of structuring and regulatory matters. He concentrates on complex transactional and regulatory matters, including public and private offerings, fund formation, business structuring, registration and compliance. His experience includes regulatory matters involving designated contract markets and derivatives clearing organizations, particularly in the area of prediction markets offering event contracts.

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Photo of Aimee Wildstone Aimee Wildstone

Aimee loves working in Support because she loves helping people. When she’s not helping lawyers change the law, you’ll find her hiking, biking, or camping.

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Financial Services Observer
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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