This webinar will cover DOJ's transition from bringing Commodity Exchange Act (CEA) claims (manipulation and false reporting) to relying more heavily on commodity fraud and wire fraud. The webinar will describe how DOJ has become more active in recent years in the CFTC's space and the type of underlying conduct in commodities/derivatives markets DOJ has been targeting. In addressing these developments, the webinar will focus on fraud in principal-to-principal transactions and how the criminal prohibitions DOJ has been enforcing fit with alleged violations of the CEA. Finally, the webinar will discuss how courts have resolved arguments that CEA spoofing violations or trading based on nonpublic information does not rise to the level of wire fraud.
Jonathan Marcus (Skadden, of counsel, Derivatives) and Ted Kneller (Skadden, counsel, Derivatives).