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Supreme Court Rejects Appeals by Ex-Deutsche Bank Traders Convicted of 'Spoofing'

Submitted by jhartgen@abi.org on

The U.S. Supreme Court yesterday turned away appeals by two former Deutsche Bank AG commodities traders convicted of manipulating precious metals prices by placing "spoof" orders, Reuters reported. The court denied petitions by James Vorley and Cedric Chanu, who were each sentenced to just over a year in prison after being found guilty of wire fraud for spoofing, or placing orders with the intent to cancel them before trades are executed. The pair were convicted in 2020 for carrying out what prosecutors said was a yearslong spoofing scheme between 2008 and 2013. Their trades created a false sense of supply and demand, and induced other traders to make trades they would otherwise not have made, prosecutors said. On appeal, Vorley and Chanu argued they had not made the kind of explicit false statements targeted by wire-fraud law. The U.S. Court of Appeals for the Seventh Circuit in Chicago upheld the convictions last July, saying that "spoofing of this kind falls under the wire fraud prohibition." The Biden administration had asked the justices to reject the appeals.

U.S. Senators Question Independence of FTX Bankruptcy Law Firm

Submitted by jhartgen@abi.org on

Sullivan & Cromwell LLP, the law firm FTX tapped to steer it through bankruptcy, is facing scrutiny from federal lawmakers over whether its lawyers knew about problems at the cryptocurrency exchange before the company collapsed and co-founder Sam Bankman-Fried was charged with fraud, WSJ Pro Bankruptcy reported. A bipartisan group of U.S. senators said in a letter Monday that Sullivan & Cromwell should disclose whether its lawyers suspected fraud at FTX or had concerns about the company’s lacking appropriate legal controls before it filed for chapter 11 in early November. Law firms seeking to work in chapter 11 are required under bankruptcy rules to disclose any past representations that could pose a conflict of interest before they can be officially retained. Sullivan & Cromwell worked for FTX before its collapse, charging more than $8.5 million in legal fees before the bankruptcy, according to the law firm’s retention application. Companies commonly use existing law firms to handle bankruptcy filings, but the arrest of Mr. Bankman-Fried and other former FTX executives has drawn lawmakers’ attention to Sullivan & Cromwell’s prior work for the exchange. Four U.S. senators cited their concerns with the law firm in a letter urging Judge John Dorsey of the U.S. Bankruptcy Court in Wilmington, Del., who is overseeing the FTX case, to appoint an independent examiner to review how and why FTX failed.