ARTICLE
9 September 2016

CFTC Settles Charges Against Firm For Illegal Off-Exchange Precious Metals Trading

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The U.S. District Court for the District of Nevada entered an Order of Default Judgment against a firm and its owner for engaging in illegal off-exchange precious metals transactions.
United States Finance and Banking

The U.S. District Court for the District of Nevada entered an Order of Default Judgment ("Order") against a firm and its owner for engaging in illegal off-exchange precious metals transactions.

In April 2015, the CFTC issued a complaint alleging that the firm engaged in illegal off-exchange transactions in precious metals with retail customers on a leveraged, margined or financed basis.

In the Order, the CFTC reported finding that precious metals were never delivered to any customers with respect to the financed metals transactions. Under Dodd-Frank, leveraged, margined or financed transactions are illegal off-exchange transactions unless they result in the actual delivery of metals within 28 days.

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