CFTC’s jurisdiction over fraud in the cash markets: are there any limits?

part of the FIA Law & Compliance Division webinar series

10 October 2019


The Dodd Frank Act added a Section 6(c)(1) to the Commodity Exchange Act, entitled “Prohibition Against Manipulation.”  Section 6(c)(1) authorized the CFTC to promulgate rules and regulations prohibiting any person to use or employ any manipulative or deceptive device or contrivance in connection with, among other things, a contract for sale of any commodity in interstate commerce.  Are there any limits to the application of the resulting CFTC regulation parroting 6(c)(1)’s language prohibiting the use of manipulative or deceptive devices in the sale of a commodity in interstate commerce?


Katherine Cooper and Elizabeth Davis, Attorneys at Law, Murphy & McGonigle

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