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The V&E Report
Insights in Government Enforcement and Investigations

Commodities in the Crosshairs: CFTC Joins DOJ and the SEC to Target Commodity Traders for Corrupt Practices Abroad

The U.S. Commodity Futures Trading Commission (“CFTC”) is entering the fight against foreign bribery and corruption. That is the clear message from recent announcements as the CFTC has made clear that it wants to join the U.S. Department of Justice (“DOJ”), the Securities and Exchange Commission (“SEC”) and foreign authorities by targeting commodity firms that commit corrupt practices outside the U.S.

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CFTC Announces New Enforcement Advisory Relating to Foreign Corrupt Practices

On March 6, Director James M. McDonald of the U.S. Commodity Futures Trading Commission (“CFTC”) announced a new Enforcement Advisory at the American Bar Association’s National Institute on White Collar Crime, aimed at encouraging cooperation with CFTC investigations related to foreign corruption. Importantly, this new policy initiative suggests that the CFTC will begin more aggressively pursuing investigations related to foreign corruption that could affect U.S. markets, alongside Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) investigations into violations of the U.S. Foreign Corrupt Practices Act of 1977 (“FCPA”).

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One Step too Far? The Chamber of Commerce Argues the DOJ Wrongly Used the Wire Fraud Statute to Combat Spoofing

Earlier this month, the U.S. Chamber of Commerce filed an amicus brief in an Illinois district court, arguing that the Department of Justice (“DOJ”) went too far in indicting two former Deutsche Bank employees with violations of the wire fraud statute, 18 U.S.C. § 1943. The amicus brief was filed in support of the defendants’ motion to dismiss the indictment. The Chamber filed the brief with two interest groups, the Bank Policy Institute and the Securities Industry and Financial Markets Association.

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