Posts Tagged ‘precious metals’

CFTC’s Authority Over Standalone Anti-Fraud Activities under the Dodd-Frank Act

There is presently a disagreement among federal courts as to the scope of the Commodity Futures Trading Commission’s (CFTC) anti-fraud and anti-manipulation authority under the Dodd-Frank Act. The CFTC’s primary focus has always been on swaps and commodity futures contracts governed by the Commodity Exchange Act (CEA).  However, the CFTC has also historically had anti-fraud and anti-manipulation enforcement authority as well relating to transactions that involve actual purchases of a commodity, such as precious metal sales of gold coins.  See CEA Sections 4b; 6(c)(3); 9(a)(2). Read More…