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Fraud in CFTC-Regulated Markets

This archive displays posts tagged as relevant to fraud in markets regulated by the Commodity Futures Trading Commission, the CFTC, or governed by the Commodity Exchange Act, the CEA. You may also be interested in the following pages:

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Fiscal Year 2022 Sets New Records for CFTC Whistleblower Program

Posted  11/28/22
Cast metal seal of CFTC on brick wall
Fiscal year 2022 was sure to be a record-breaking year for the Commodity Futures Trading Commission Whistleblower Reward Program, as it started with a $200 million whistleblower award – an award so large that Congressional intervention was needed.  The CFTC Whistleblower Program’s annual report to Congress for Fiscal Year 2022 confirms this, reporting more than $203 million in total awards. Created by the

October 13, 2022

Daniel Adam Hewko and his company, Main & Prospect Capital, LLC (MPC), have been ordered to pay over $7.9 million and be permanently barred from registering and trading with the CFTC, after they were found to have failed to register as an associate of a commodity pool operator, misappropriated client funds, and committed fraud.  Rather than invest client funds into a MPC-managed pooled investment vehicle called the Global Opportunity Fund, Hewko used the funds to benefit himself, his family, and unrelated companies, while issuing false statements to clients that showed false growth.  CFTC

September 30, 2022

BGC Derivative Markets, L.P. (BGCD) has been ordered to pay $1.9 million in civil penalties and to comply with certain undertakings in order to settle charges of failing to accurately report nearly 16,000 swap transactions to the CFTC.  The failures were a result of 14 separate reporting systems issues.  As a result of the settlement, BGCD will have to conduct a review of its swaps reporting program, implement a reconciliation process for those transactions, and submitted a written report to the CFTC in a year.  CFTC

September 29, 2022

CX Futures Exchange, L.P. has been ordered to pay $6.5 million and comply with certain conditions to settle charges of violating the Commodity Exchange Act and CFTC regulations.  The charges involved failing to comply with certain system safeguard regulations, failing to report certain data for over 200,000 options transactions, and falsely representing to CFTC staff that it was properly reporting such data.  CFTC

September 16, 2022

William Thomas Caniff and his company, Berkley Capital Management, LLC have been ordered to pay $2.6 million in restitution and a $3.6 million civil monetary penalty after they were found to have misappropriated participant funds from two foreign exchange binary options trading pools.  Caniff directed about $1.2 million to himself and directed about $1.1 million to his partner, Arie Bos.  Bos then concealed the misappropriation by reporting false profits to pool participants.  CFTC

September 2, 2022

Swapnil Rege, SwapStar Capital LLC, and Reema Rege have been ordered to pay $5 million in disgorgement and pre-judgment interest for engaging in fraudulent solicitation and misappropriation, including on Swapnil’s part, engaging in trading despite an existing bar for prior violations, and on Reema’s part, receiving illegally-obtained profits she was not entitled to.  The orders resulted from parallel but separate enforcement actions by the CFTC and SEC, and included a permanent trading and registration ban against Swapnil.  CFTC; SEC

July 15, 2022

A number of California- and Colorado-based people and their affiliated entities have been ordered to pay over $29 million in total in order to resolve multiple charges of violating CFTC regulations.  A federal judge had found California-based John D. Black, his associates Christopher Mancuso and Joseph Tufo, and his entities Financial Tree, Financial Solution Group, and New Money Advisors—as well as Colorado-based John P. Glenn and his law firm—liable for solicitation fraud in connection with binary options and forex transactions, registration violations, and other charges.  CFTC

July 5, 2022

BNP Paribas has been ordered to pay a $6 million civil monetary penalty for its failure to correctly swap transactions as required by the Commodity Exchange Act and CFTC regulations.  According to the CFTC, BNPP failed to make more than 300,000 reports involving more than 6,000 swap transactions by U.S. persons incorrectly classified as non-U.S. persons.  Additionally, BNPP incorrectly reported thousands of bunched trades as new trades, and incorrectly reported approximately 3,000 commodity swaps as equity trades.  CFTC

June 30, 2022

Interactive Brokers LLC has been ordered to pay over $1 million in disgorgement and civil monetary penalty for its failure to supervise employees’ handling of exchange fees charged to customers.  By failing to ensure that its employees accurately assessed fees, Interactive Brokers overcharged its customers over $710,000.  CFTC

June 24, 2022

Starberry Limited will pay over $1.3 million in a civil monetary penalty for acting as an unregistered futures commission merchant and will disgorge the same amount in unlawfully-earned commission and fees. Starberry accepted more than $400 million from a foreign customer, invested it in crude oil futures contracts through more than 12,500 NYMEX WTI trades, and earned over $86 million in profits for the investor. CFTC
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