Close Menu
Invest Insider News
    Facebook X (Twitter) Instagram
    Saturday, December 13
    Facebook X (Twitter) Instagram Pinterest Vimeo
    Invest Insider News
    • Home
    • Bitcoin
    • Commodities
    • Finance
    • Investing
    • Property
    • Stock Market
    • Utilities
    Invest Insider News
    Home»Commodities»A Classic Commodity Ponzi Scheme Raising Novel Issues for Pools and Carbon Credits | Cadwalader, Wickersham & Taft LLP
    Commodities

    A Classic Commodity Ponzi Scheme Raising Novel Issues for Pools and Carbon Credits | Cadwalader, Wickersham & Taft LLP

    August 13, 20243 Mins Read


    The Federal U.S. District Court for the Northern District of Illinois entered an Order granting summary judgement for the U.S. Commodity Futures Trading Commission on July 1, 2024 and ordered $83 million in restitution and $36 million in disgorgement against Sam Ikkurty and his affiliated companies. This would have been a garden variety “classic Ponzi scheme” case but for two novel issues.

    First, the court agreed with the CFTC’s interpretation that for an investment vehicle to qualify as a “commodity pool” it need not actually “trade” any “commodity interests,” i.e., derivatives – such as commodity swaps, futures or options. Instead, merely the “solicitation of funds” from participants to invest in a vehicle for purposes of trading in derivatives (e.g., in the future) – would be enough to qualify this vehicle as a “commodity pool.” Thus, the court agreed with the CFTC that Ikkurty’s investment vehicles were “commodity pools” even though they had no positions in derivatives, and therefore the operator of the pool acted as an unregistered commodity pool operator (“CPO”) and as such committed fraud.

    The court found that investment vehicles operated by Ikkurty invested in Bitcoin, Ethereum and other cryptocurrencies, that under CFTC v. My Big Coin Pay, Inc. 334 F. Supp. 3d 492, 498 (D. Mass 2018) would qualify as “commodities,” triggering the CFTC’s anti-fraud jurisdiction under § 180.1 of the CFTC regulations.

    Secondly, the court also agreed with the CFTC that certain carbon credits also qualify as “commodities” and that Ikkurty had misappropriated customer funds through a “carbon offset program” that resulted in a $20 million shortfall for carbon offset program participants. The Order does not provide a lot of detail on how the carbon offset program operated, but it is notable that this Order is the first instance where the CFTC was able to successfully prosecute fraud in connection with trading environmental commodities, such as carbon credits.

    This enforcement action is significant because it confirms the CFTC’s position that even if an investment vehicle may not have any positions in derivatives, merely stating (orally or in writing) that it may establish these positions in the future, would qualify as a “commodity pool” and the operator would become a CPO with all attendant compliance obligations.

    Further, this Orders confirms the CFTC’s view that carbon credits are “commodities” and that the CFTC will continue investigating and prosecuting fraud in related carbon credits and other environmental commodities.



    Source link

    Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
    Previous ArticleCFPB Outlines Strict Approach to AI Use in Financial Services
    Next Article Grayscale Launches Fund To Invest In MakerDAO Token—What You Need To Know

    Related Posts

    Commodities

    Argus looks at the stresses in commodities markets for 2026

    December 11, 2025
    Commodities

    3 Mining Stocks to Ride the Commodity Boom Into 2026

    December 10, 2025
    Commodities

    The commodities rally

    December 9, 2025
    Leave A Reply Cancel Reply

    Top Posts

    How is the UK Commercial Property Market Performing?

    December 31, 2000

    How much are they in different states across the US?

    December 31, 2000

    A Guide To Becoming A Property Developer

    December 31, 2000
    Stay In Touch
    • Facebook
    • YouTube
    • TikTok
    • WhatsApp
    • Twitter
    • Instagram
    Latest Reviews
    Finance

    Power dressing : les conseils d’une pro de la finance (et de la mode) pour avoir confiance en soi au bureau

    May 26, 2025
    Commodities

    Blackrock Resources & Commodities Strategy Trust (NYSE:BCX) Announces $0.05 Monthly Dividend

    July 14, 2024
    Stock Market

    Stock market today: Trade setup for Nifty 50 to Q2 results today; five stocks to buy or sell on Tuesday — Oct 29

    October 29, 2024
    What's Hot

    Stock Market LIVE Updates: Sensex down 540 pts, Nifty around 24,450; SBI Q1 profit up 15% at Rs 19,160cr

    August 7, 2025

    comment ont été utilisés les 54 milliards d’euros du plan ?

    April 10, 2025

    Crude Oil Futures: Sink as Trump imposes tariffs on trade partners

    April 2, 2025
    Most Popular

    Bitfarms Acquisition of Bitcoin Miner Stronghold a ‘Strategic’ Move Against Rival Riot: Experts

    August 23, 2024

    IRS to propose rules to ease corporate moves to US

    August 20, 2025

    Brighton Pier reveals plans to quit London stock market

    April 2, 2025
    Editor's Picks

    Après douze ans de recherches désespérées, l’homme qui a perdu son disque dur contenant 742 millions d’euros en bitcoin finit par…

    June 25, 2025

    On finance des pêches qui rendent malades

    May 29, 2025

    This Bitcoin OG Whale Now Holds $4B in Ether, 100x Surge Ahead?

    September 1, 2025
    Facebook X (Twitter) Instagram Pinterest Vimeo
    • Get In Touch
    • Privacy Policy
    • Terms and Conditions
    © 2025 Invest Insider News

    Type above and press Enter to search. Press Esc to cancel.