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DCM Blog 
​Industry, Compliance, Strategy and Regulatory Updates

Today - Employees fined for acting for Employer, employers fined for employee actions and the fines are LARGE

9/26/2018

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The  CBOT issued a pair of fines that follow from the July 12, 2018 fine to Lansing Trade Group ($3.5MM fine in CBOT 15-0160-BC-1). These fines were for two individuals that were involved in entering the orders on the CBOT for Lansing. Both employees were cited for entering the orders to effectuate the Lansing plan and then also cancelling load out of physical delivery. In addition, both employees were cited for notifying multiple market participants of the intent to cancel the physical deliveries. The exchange fined one employee for $125K and the other for $250K. Both employees were also barred from the market for four years.  This fine is significantly less than the $3.5 million Lansing paid but the employees have significant personal and professional losses. The notice on the larger fine is here - https://www.cmegroup.com/notices/disciplinary/2018/09/cbot-15-0160-bc-3-peter-grady.html#pageNumber=1
The second set of fines were for two individuals and the firm bearing their names in ag futures trading. This fine has a number of components - first, the firm had a broker that had over-traded client accounts when the broker held trading discretion, in some cases in excess risk tolerance and, in some cases,of the credit capacity of the client account; second, the broker caused over $11 MM in losses in the client accounts; and third, the broker appears to have lied to the CME when asked if they knew about whether the broker had traded without or in excess of authorization. The findings also included a failure to supervise as there were customer complaints and account margin calls that should have alerted the individuals as to the broker's actions. The impact was significant: $8.7MM in restitution under a CFTC order, $1.25MM in fines to be paid jointly and severally by the the two individuals and the firm, a 15 month suspension from trading on any CME market and, finally, a permanent bar for the two individuals from handling any customer orders as a broker on any CME exchange. The firms disciplinary notice is here - https://www.cmegroup.com/notices/disciplinary/2018/09/cme-14-9938-bc-3-kooima---kaemingk-commodities--inc-.html#pageNumber=1​

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    Thomas Lord

    DCM Founder
    Commodity Adviser

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