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CFTC Defense Lawyers

June 23, 2020 Federal Criminal Attorneys

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.

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.

Facing a Trial
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.

Rather 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.

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CFTC Defense Lawyers

June 15, 2019

The Spodek Law Group handles CFTC investigations, and enforcement actions, throughout the USA. Our firm is led by Todd Spodek, a second generation criminal defense attorney.

The US CFTC Division of Enforcement is tasked with investigating and prosecuting alleged violations which violate the Commodity Exchange Act, and CFTC regulations. If you’re accused of a CFTC offense, it’s important you hire a law firm who can help. Spodek Law Group can handle all aspects of a CFTC investigation, ranging from informal inquiries, to formal investigations, enforcement actions, and more.

We can work closely with your in-house legal team in order to achieve your objective and avoid prosecution. It’s essential that at the outset of any commodities investigation or action you create a sound strategy which will lead to a speedy resolution. In some cases it can be beneficial to work with the government. In other cases, taking a defensive posture is prudent. It’s our job to help you understand which approach is beneficial.

With the Dodd-Frank amendment, the CFTC was granted more authority. As a result, the CFTC has shown increased aggressiveness in its investigations of commodity market trading patterns. The leveraged precious metals brokerage business, and other related bad credit business loans sector, has become the focus of the CFTC and other regulators.

We understand what’s at stake in a CFTC investigation. If you have questions, we encourage you to contact us to get a risk free consultation today.

CFTC Defense Lawyers

What is the CFTC?

The CFTC is an independent US agency established by the CFTC Act of 1974. It regulates commodity futures and options. Its goal is to help increase competitive markets, and efficient future markets.

  • Their goal is to protect investors against manipulation
  • Protect investors from abusive trade practices
  • Protect investors from abuse

The CFTC has five committees, each headed by a commissioner whose appointed by the president and approved by the Senate. The five committees focus on a number of issues like: agriculture, global markets, energy, environmental markets, technology, and also cooperation between the CFTC and SEC. The committees consist if people who represent the interests of industries, traders, consumers, etc.

In recent years the CFTC is moving away from focusing on traditional commodity products, and shifting to new challenges in the 21st century. Most recently, it’s focused on Fintech products such as Bitcoin. In 2017, Bitcoin futures contracts launched. The CFTC says that FinTech is driving innovation in financial markets across the world. New technologies such as AI, cloud computing, and machine learning, have resulted in many challenges for the CFTC. But, still, the CFTC retains and plays an important role in regulating financial markets.

What does the CFTC do?

The CFTC’s goal is to stop market manipulation and manipulative schemes. The CFTC is capable of correcting problems in the market caused by violators, and to remove actors causing them. The CFTC has the power to pass out penalties for violations of the Commodity Exchange Act, and other regulations.

Examples include fines, bans, and even criminal penalties. These can be against registered firms and even traders. The CFTC can pursue this for things like ponzi schemes, manipulative commodities schemes, and more.

In a recent article in the WSJ, it was noted that the CFTC has been relying more heavily on coordination with criminal prosecutors, which has resulted in a record high number of criminal charges being filed.

CFTC Defense Lawyers

Whistleblowers could trigger an investigation into your operation

Whistleblowers often begin CFTC investigations into companies who may be violating CFTC rules and regulations. Although SEC and qui tam are some of the more well known whistleblower programs, there are many other programs that exist as well. The CFTC whistleblower program awards those who provide information regarding a violation of the Commodity Exchange Act, if it leads to more than $1 million in penalty fines.

Below are examples of various CFTC issues we can assist with

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Commodity Trading Charge Defense Lawyers

The CFTC, located in DC, has become VERY aggressive. It also has started collaborating with other government agencies, such as the US Attorneys office, and the DOJ. They are actively referring cases for criminal prosecution, and are unafraid of ensuring that people who commit crimes are punished accordingly. At Spodek Law Group, we take a pragmatic approach to providing top quality legal help for clients being actively investigated for offenses. The CFTC has a nationwide presence. It’s charged with enforcing laws under the Commodity Exchange Act. The CFTC is looking at all illegal trades pertaining to commodities, futures, and swaps. It is able to do this by getting tips from the public, individuals, and businesses. The CFTC actively works with other federal bodies, state agencies, and foreign governments, in order to make sure the law is enforced.

CFTC Investigations can result in more than just civil penalties

This is one of the main reasons you have to take CFTC investigations seriously. They can lead to civil and criminal penalties. It means if an investigation has been launched, you need an experienced attorney who can make sure to limit the effects of any criminal charges. Any CFTC investigation can result in monetary penalties, including freezing assets, ordering payment, seizure of profits, and more. your livelihood, and reputation, is in jeopardy.

One of the biggest issues associated with a CFTC investigation is the possibility of criminal charges. It’s possible that criminal charges can be filed, and your case proceeds to trial. Convictions can result in crimes, and imprisonment. Our goal is to explain to the criminal court the process, and help you understand how commodities trading charges will proceed through the legal system. Your freedom is on the line, and we will help you make the choices you need to protect them!

 

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