The miner said late Thursday it has been informed that the US Commodity Futures Trading Commission has launched an investigation into whether the commodities trader has violated certain provisions of the Commodities Exchange Act
. The investigation is currently at an early stage and follows a similar scope to the ongoing investigation by the US Department of Justice.
(1) Although the SEC recently announced enforcement actions against these offerings, (2) reasoning that some cryptocurrencies are securities under the Securities Act of 1933, (3) the CFTC holds that cryptocurrencies (4) are commodities under the Commodities Exchange Act. (5)
(19) Section 1(a)(9) of the Commodities Exchange Act defines "commodity" to include "all services, rights, and interests ...
The suit accuses the defendants of the violation of The Sherman Act, violations of the Commodities Exchange Act
among other charges, and seeks compensatory and recessionary damages for the plaintiffs.
The proposed regulations would provide that contracts that must be reported as swaps under the Commodities Exchange Act
, as amended by the Dodd-Frank Act, are not Sec.
Initial agency attempts to distinguish transactions that are "hedging or mitigating commercial risk" for the end-user exemption use the "economically appropriate" standard established by rules for defining "bona fide hedging" positions in futures markets under the Commodities Exchange Act
. (136) Under proposed Rule 3a67-4, the SEC has proposed that a position be considered "hedging or mitigating commercial risk" under Dodd-Frank if:
This emphasis on normative self-regulation is hardly surprising, given the definitional conundrum posed by so-called market tampering, a conundrum that remains unresolved despite the Commodities Exchange Act
and the Commodity Futures Trading Commission regulations.
The first is federal authority to set margins for stock-index futures contracts, and the second is the "exclusivity provision" of the Commodities Exchange Act (CEA).
The Board, as you know, has had serious concerns about the current interpretation of the Commodities Exchange Act that requires any contract with an element of futurity to be traded only on a CFTC-regulated exchange.
Under the Commodities Exchange Act
(CEA), any commodity contract with an element of futurity cannot be entered into except on a CFTC-regulated exchange.