CFTC Press Releases 6164-12 Order: FXOpen Investments Inc. The CFTC obtained a federal court consent order requiring defendant FXOpen Investments Inc. (FXOpen), a foreign firm, to pay a $140,000 civil monetary penalty to settle CFTC charges that it illegally solicited members of the public to engage in foreign currency (forex) transactions and operated as a Retail Foreign Exchange Dealer (RFED) without being registered with the CFTC. The order, entered on December 22, 2011 by Judge Virginia M. Kendall of the U.S. District Court for the Northern District of Illinois, also orders FXOpen to close
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CFTC Press Release 6163-12 CFTC Letter to NADEX NADEX Contracts Submission Questions Relating to Political Event Contracts The CFTC issued a letter informing the North American Derivatives Exchange (NADEX) that it has commenced a 90-day review of NADEX's proposed political event derivatives contracts. The review is based on the possibility that these contracts may involve, among other issues, "gaming or an activity that is unlawful under any State or Federal law." The CFTC requested that NADEX suspend the listing and trading of its proposed contracts during the review period, and has posted
ISDA v. CFTC Court of Appeals Responde The CFTC has filed two motions with the US Court of Appeals in the ISDA-SIFMA challenge to its position limits rule: 1) a motion to dismiss the case for lack of jurisdiction, and 2) a motion to hold the case in abeyance regarding the motion to dismiss in ISDA v. CFTC. Cross References: Dodd-Frank Section 737; 5 U.S.C. § 705; 76 F.R. 71626; Int'l Swaps Derivatives Ass 'n v. CFTC, No. 1:11~cv~2146 (D.D.C.); Int'l Swaps &Derivatives Ass'n v. CFTC, No. 11~1469 (D.C. Cir.).
http://www.cftc.gov/ucm/groups/public/@newsroom/documents/file/order010… The CFTC in a 3-2 vote denied a motion by Securities Industry and Financial Markets Association and the International Swaps and Derivatives Association to delay its implementation of its recently adopted final rule on position limits pending the resolution of challenges they filed on December 2, 2011, in the U.S. District Court for the District of Columbia and the U.S. Court of Appeals for the District of Columbia Circuit. Commissioners Sommers and O'Malia dissented from the denial of the motion. The petitioners
CFTC Press Release 6162-12 The CFTC will hold a public meeting on Wednesday, January 11, 2012 on the following topics: Final Rule: Registration of Swap Dealers and Major Swap Participants; Final Rule: Protection of Cleared Swaps Customer Contracts and Collateral: Conforming Amendments to the Commodity Broker Bankruptcy Provisions; Final Rule: Business Conduct Standards for Swap Dealers and Major Swap Participants with Counterparties; Proposed Rule: Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships with, Hedge Funds and Private Equity Funds; and