CFTC Defense Lawyers
Working hand-in-hand with the U.S. Department of Justice and the U.S. Attorney’s Office, the CFTC is an agency that does not hold back when investigating violations regarding futures, options, commodities, and other related areas. In fact, its team of investigators and attorneys will conduct probes that can take months to complete and involve large amounts of evidence. If you are facing allegations of wrongdoing or serious criminal charges from the CFTC, it is best to hire CFTC defense lawyers who have extensive experience with such cases.
How Do These Investigations Come About?
When the CFTC begins an investigation, it is usually based on tips it received from the public, which can include individuals and private businesses. Thus, if someone should have grievances against you, this can be a perfect opportunity for them to get you into tremendous amounts of legal trouble. Also, since the CFTC has very close working agreements in place with state, federal, and even foreign governments, expect the agency to have vast resources at its disposal, guaranteeing any investigation it begins will likely result in charges being filed against you. Should this occur, hire the services of a skilled CFTC defense lawyer immediately.
How do CFTC investigations come about?
When the CFTC begins an investigation, it is usually based on tips it received from the public, which can include individuals and private businesses.
Criminal and Civil Penalties
Since many people are unaware of what penalties can be levied against them by the CFTC, they often do not take these cases seriously until it is too late. However, being a powerful federal agency, the CFTC can in fact throw both criminal and civil penalties your way after an investigation concludes. For example, you could face various monetary policies such as freezing your assets, seizing profits from what the agency deems to be illegal trades, and possibly being ordered to pay restitution to victims. Along with these penalties, you may also face suspensions or a complete revocation of your ability to trade on various markets. Since these penalties can forever alter your life and ruin your career, work closely with CFTC defense lawyers to develop a strategy that will help you avoid such harsh penalties.
Don’t Ignore a Subpoena
If the CFTC places you under investigation, you may be subpoenaed to testify about the charges against you. If you do receive a subpoena, do not ignore it and think your case will magically disappear. Instead, ignoring the subpoena will only make you look more guilty and bring additional legal ramifications against you. Since the CFTC acts very aggressively in these matters, its investigators will use every legal option available to them to force you to testify at some point. To make sure your rights are protected during this critical part of the investigation, never say or do anything until you have received sound legal advice from your CFTC defense lawyers.
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If you are under CFTC investigation, you may or may not have to face the prospect of seeing your case go to trial. Depending on the circumstances surrounding your case, CFTC investigators may be determined to see you in a courtroom so they can use certain evidence against you in hopes of gaining a conviction. However, if you and your attorney know the evidence against you is in fact weak and likely circumstantial, you may be able to avoid having to enter a courtroom. By hiring a knowledgeable CFTC defense lawyer, your attorney can negotiate with CFTC investigators and lawyers to get the case settled out-of-court. If this happens, the charges against you will be reduced or maybe dropped, resulting in a much lighter sentence or even seeing you regain your freedom and all that goes with it. To make sure CFTC investigators do not get the upper hand in these situations, always make sure you contact a CFTC defense lawyer immediately following your initial contact with CFTC investigators.
Making the Best Choices
Once the CFTC begins investigating you, the last thing on the agency’s mind is giving you enough time to make the best decision regarding your situation. In fact, it will do all it can to do just the opposite. Along with its investigators trying to pressure you into making a confession, CFTC attorneys will also try to coerce you into thinking you have no good options ahead of you while awaiting trial. However, this is not the case at all. Once you hire a CFTC defense lawyer, you will discover there are many legal options available to you, many of which can have a dramatic impact on how your case plays out. Thus, once you speak to your CFTC defense lawyers, you will be able to make the best choices regarding how your case will affect your personal and professional lives.
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(212) 300-5196Rather than make poor decisions that cost you your career, reputation, and freedom, consult soon with CFTC defense lawyers who will explain how you can come out a winner in these situations.
Frequently Asked Questions
No. You have the right to remain silent and the right to an attorney. Invoke both rights immediately and contact Federal Lawyers.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Every case is different. We offer free initial consultations to evaluate your case and discuss our fee structure.
You receive a letter from the CFTC's Division of Enforcement notifying you that you are the subject of an investigation into alleged spoofing and manipulation of futures contracts on the Chicago Mercantile Exchange. The letter requests that you preserve all trading records, electronic communications, and algorithmic trading logs dating back three years.
How serious is a CFTC enforcement investigation, and could I face criminal charges on top of civil penalties?
A CFTC enforcement investigation is extremely serious because the Commission routinely coordinates with the DOJ's Criminal Fraud Section under the Dodd-Frank Act, meaning your case could be pursued on both civil and criminal tracks simultaneously. Under the Commodity Exchange Act (7 U.S.C. § 9), spoofing alone carries civil penalties of up to $1 million per violation, while criminal prosecution under 7 U.S.C. § 13(a)(2) can result in up to 25 years in prison. It is critical that you do not destroy any records, as obstruction can become a separate federal charge, and you should retain experienced CFTC defense counsel immediately before responding to any investigative requests. Your attorney can engage with both the CFTC and DOJ early to explore cooperation agreements or negotiate the scope of document production to protect your rights.
This is general information only. Contact us for advice specific to your situation.
An arraignment is your first court appearance where charges are formally read. You enter a plea and bail may be set. Having an attorney present is critical.
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