Steven Lofchie is a Partner based in New York. He advises financial institutions and corporate clients on the securities laws and the Commodity Exchange Act, with particular focus on the regulation of broker-dealers, swap dealers, investment funds and other market intermediaries. Steven's transactional practice focuses on securities credit and derivative transactions.

Recent Articles & Comments

This disciplinary action is a little hard to understand. First, it is not obvious that firms should be expected to have in place procedures on accounts subject to a restraining order. Second, if the purpose of the freeze was to minimize losses, it is not clear why the firm should be punished for allowing the account positions to be liquidated and turned into cash. Doesn't that reduce the risk of the positions? 

Commissioner Pham's dissent, pointing out that the CFTC lacked a clear jurisdictional basis for its fine, is troubling. Why do we need two regulators if they don't respect jurisdictional lines?

Can't say that it is surprising that the audit firm removed from its website that it had given a clean audit to FTX.  

This case also serves as a reminder to broker-dealers that facilitate cross-trades between clients of an adviser that they may be put at risk by the adviser's malfeasance.