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The Morning Risk Report: CFTC Sanctioned for ‘Bad Faith’ Conduct in Case Against My Forex Funds
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By David Smagalla | Dow Jones Risk Journal
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Good morning. A federal judge in New Jersey has dismissed the Commodity Futures Trading Commission’s case against Canadian trading business Traders Global Group, also known as My Forex Funds, and its owner Murtuza Kazmi, after an investigative report found the regulator misled the court in the case.
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Investigative findings: The report, issued by a court-appointed special master and made public Tuesday, found the CFTC made false statements to the court and failed to correct the misrepresentations in its 2023 fraud case against My Forex Funds and Kazmi.
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What the special master said: The special master recommended that, along with dismissing the case, the court should sanction the CFTC and require the agency to pay the defendants’ attorney fees.
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Case dropped: Federal Judge Edward Kiel of New Jersey on Wednesday adopted the recommendations and findings in the report and dismissed the case with prejudice.
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New CFTC leader comments: The CFTC’s own leader, acting chairman Caroline Pham, this week blasted her agency over its handling of the case, saying the types of failures seen in the case “point to a broader breakdown in the culture of the Division of Enforcement.” Pham said she raised questions about the enforcement division’s handling of the case as much as two years ago.
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Changes to the tariff exemption for low-value imports from China could affect strategy, supply chain, and pricing for some retailers, while presenting opportunities for others. Read More
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“The CFTC’s conduct, which was undertaken over the course of a year and involved numerous instances of sanctionable behavior, was willful and undertaken in bad faith.”
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— From a report by a court-appointed special master in the My Forex Funds case. A New Jersey federal judge dismissed the Commodity Futures Trading Commission’s case against the Canadian trading business and its owner Murtuza Kazmi after an investigative report found the regulator misled the court.
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