CFTC Enforcement Action Targets Company for Failure to File CFTC Form 204

In another enforcement action involving failure to file CFTC from 2014 as required by CFTC Regulation 19.01, the Commodity Futures Trading Commission ordered Golden Agri International Pte Ltd. to pay $150,000. This follows similar actions against farm co-op CHS Inc. and Marubeni America Corporation and is a reminder to reportable market participants of their ongoing legal obligation to comply in a timely manner with Regulation 19.01, which prescribes the form and manner for submitting Form 204 reports to the Commission for wheat, corn, oats, soybeans, soybean oil, and soybean meal. Regulation 19.01(b) requires that the Form 204 report be made monthly by the close of business on the last Friday of the month, and filed with the Commission’s Office in Chicago, IL by the third business day following the date of the report or via facsimile, telephone, or mail. 

Failure to file Form 204 reports in a timely manner and follow instructions constitutes a violation of Regulation 19.01, which is actionable under the Commodity Exchange Act (“CEA”) and Commission regulations and these actions show that enforcement proceedings will brought against nonconforming companies. 

If you have questions regarding CFTC Form 204, Regulation 19.01(b), or any other CFTC rule or regulation, please contact Braden Perry with Kennyhertz Perry, LLC’s Commodities, Futures, and Derivatives, and Government Enforcement practice groups, where roots of the practice are in the commodities markets, where Mr. Perry spent time as a CFTC Senior Trial Attorney.  Kennyhertz Perry lawyers regularly advise our clients on compliance with the complex laws and regulations governing the securities and derivatives industries, including the Commodity Futures Modernization Act of 2000, the Commodity Exchange Act, and CFTC regulations, and the rules of the derivatives exchanges and clearinghouses and other industry self-regulatory organizations. Kennyhertz Perry lawyers guide clients on comment-making about proposed legislation and regulation, provide ongoing operational and compliance counseling, and offer advice on modifications of transaction structure and documentation. Mr. Perry also brings his enforcement experience and his substantial prior experience in white collar criminal defense practice, and represents corporate clients and individual officers and directors at every stage of government investigations and enforcement actions – including white collar criminal matters – initiated by state and federal agencies, including the CFTC and NFA.

Kennyhertz Perry’s Braden Perry Obtains the Digital Currency Council DCC Certification

Braden Perry recently became a Digital Currency Council Certified Professional by passing the DCC certification exam. The exam is administered by the Digital Currency Council and is the industry recognized designation of competence and professionalism in the digital currency economy. Successful candidates for DCC Certification have demonstrated competency in the six core competency areas of a digital currency professional, including: Origins & Technical Underpinnings; Properties & Monetary Implications; Practical Use; Ecosystem; Accounting & Finance; and Regulatory & Legal.

Braden Perry Speaks with Fiduciary News on 401(K) Plan Fees

Kennyhertz Perry’s Braden Perry recently spoke alongside other industry experts regarding 401(k) plan fees and the issues surrounding benchmarks. The article in full is as follows:

Every 401k plan sponsor wants to know the answer to this question. Every plan participant would benefit if their plan sponsor would know the answer to this question. Every industry reporter, analyst and pundit think they know the answer to this question. Every regulator knows there’s no right answer to this question.

How to Become Successful in Compliance

Kennyhertz Perry’s Braden Perry, a former federal enforcement attorney and Chief Compliance Officer of a global financial firm, was recently asked by, home to the largest collection of compliance jobs on Earth, to provide advice on how to become successful in compliance. The article in full is as follows: