The U.S. Court of Appeals for the Second Circuit upheld a lower court's dismissal of JPMorgan as a defendant in a private suit filed against it for allegedly aiding and abetting Amaranth's alleged manipulation of natural gas futures in 2006. The plaintiffs had previously obtained a settlement of $77.1 million from Amaranth. JPMorgan served as Amaranth's FCM. The Second Circuit held that in order to prove JPMorgan aided and abetted Amaranth's manipulation, the plaintiffs were required to allege that JPMorgan knew that Amaranth specifically intended to manipulate the price of New York Mercantile
News & Insights
FINRA filed a proposed rule change to amend FINRA Rule 11892 ("Clearly Erroneous Transactions in Exchange-Listed Securities") to extend the effective date of the clearly erroneous pilot, which currently is scheduled to expire on September 30, 2013. FINRA also proposed to remove certain references to individual stock trading pauses contained in Rule 11892. See : FINRA Press Release; Text of the Proposed Rule Change.
FINRA released a September 2013 podcast in which Executive Vice President of Regulatory Operations Susan Axelrod provided an update on FINRA's examination program, including a newly implemented process for submitting examination-related documents through the Firm Gateway. In the podcast, Axelrod described changes to the exam program that have made it more risk-based. Additionally, she explained the new electronic data collection process which aims to avoid examiner paperwork, as well as organizes firm requests to FINRA so as to avoid duplicative requests to multiple departments. To listen to
The CFTC Division of Market Oversight issued a letter to BSE Ltd certifying its SP BSE 100 Index futures contract submission. The CFTC determined that the BSE futures contract meets the requirements of CEA Section 2(a)(1)(C)(ii) and thus may be offered or sold to persons in the U.S beginning September 24. See : CFTC Letter to BSE; CFTC Press Release.
Seven federal regulatory agencies, including the Board of Governors of the Federal Reserve System, the Consumer Financial Protection Bureau, the FDIC, the Federal Trade Commission, the National Credit Union Administration, the Office of Comptroller of the Currency, and the SEC, issued guidance to clarify that the privacy provisions of the Gramm-Leach-Bliley Act generally permit financial institutions to report suspected financial abuse of the elderly (which is defined to include "the illegal or or improper use of an older adult's funds, property or assets") to appropriate authorities. Lofchie