Braden Perry Featured in an Article on the Effect of COVID-19 on the Cannabis Industry

Braden Perry Featured in an Article on the Effect of COVID-19 on the Cannabis Industry

Cannabis industries are less likely to benefit from the stimulus package funding from COVID-19, due to its current legal status. In an article on HortiBiz.com, Braden Perry discusses some potential options for cannabis industries to gain assistance during this pandemic. Cannabis is still considered a Schedule 1 narcotic, which is why they are deemed ineligible

Braden Perry Highlighted in Article on the Cannabis Industry’s Use of Blockchain

Braden Perry Highlighted in Article on the Cannabis Industry’s Use of Blockchain

Cannabis Dispensary Magazine’s recent article “Is the Cannabis Industry Ready for Blockchain”, features Braden Perry discussing the basics of understanding Blockchain. With the recent rise of popularity in Blockchain, you may  soon see applications in the cannabis industry. “Cannabis attorney Braden Perry, partner at Kansas City, Mo., law firm Kennyhertz Perry, helps companies implement novel

Braden Perry Interviewed on Marijuana-Related Businesses in Thrive Global

Braden Perry Interviewed on Marijuana-Related Businesses in Thrive Global

Thrive Global is a website designed to advice Marijuana-Related Businesses (“MRB’s”) on up and coming technology advances, such as Blockchain. Kennyhertz Perry partner, Braden Perry, is an expert in representing clients in MRB’s.  Perry shares his story, and his expertise in counseling MRB clients as investors, on the financial side, financial institutions and innovation in

Braden Perry Featured in Article Discussing Compliance on Care Credit Cards for Cannabis

Braden Perry Featured in Article Discussing Compliance on Care Credit Cards for Cannabis

Arizona, California, Delaware, Illinois, Maryland, Massachusetts and New York has now approved and made available a credit card specifically for cannabis purchases at involved locations called a CNC Card (Columbia National Credit) . Columbia Care Inc. put in motion the card successfully in New York, and has now been launched in the other states mentioned

CFTC and CME Charge Trader for Violations Related to Live Cattle Futures

CFTC and CME Charge Trader for Violations Related to Live Cattle Futures

The Chicago Mercantile Exchange (CME) and Commodity Futures Trading Commission (CFTC) issued an Order filing and settling charges against Nathan Harris, a registered trader, for fraud, unauthorized trading, and violating speculative position limits in live cattle futures contracts. It’s alleged that between January 2012 and August 2014, Harris engaged in fraud and unauthorized trading by

Non-Registrant Sanctions: CFTC Taking Actions for Failure to File Required Reports

Non-Registrants face many CFTC rules and regulations, and increasingly the obligation to file certain reporting forms, including Forms 204 and 304. Violations of these obligations have been highlighted recently in several CFTC enforcement actions, including CHS Inc., Marubeni America Corporation, and most recently Agrocorp International Pte Ltd. and Golden Agri International Pte Ltd.

Non-Registrant knowledge and understanding of the very technical and sometimes contradictory reporting minutia. If you have questions regarding CFTC Forms 204 and 304, Regulation 19.01, 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.

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.

Braden Perry Presents Bitcoin and Block Chain Technology to the Nebraska Attorney General’s Office

Kennyhertz Perry partner Braden Perry lead an educational and interactive training at the Nebraska Attorney General’s office focusing on legal implications of Bitcoin and other emerging issues related to block chain technology. The Office of the Attorney General, and personnel from the Nebraska Highway Patrol, Nebraska Department of Revenue criminal investigators, and Homeland Security participated in an interactive training by Perry, and representatives from Coinbase and Chainalysis, discussing criminal, fraud, and consumer protection issues with the emerging technology.  The daylong event occurred in Lincoln on May 16, 2016. 

Corruption, Forced Labor and Human Trafficking in Supply Chains Subject Unsuspecting Companies to Potential FCPA Violations

Increasingly,  trafficking-related activities in global supply chains include corruption, bribery, and other conduct that could result in liability for companies subject to Foreign Corrupt Practices Act (FCPA) jurisdiction. Both sending countries and countries employing forced labor can be liabilities for companies unknowingly using unscrupulous agents. Companies can avoid FCPA prosecution by instituting an effective, functioning compliance program. Routine FCPA Due Diligence is a critical component in maintaining a FCPA compliance program.

If you or your company is subject to, or suspects potential supply chain issues, contact our experienced attorneys. Attuned to detail, Kennyhertz Perry’s investigations are unparalleled in quality, exceeding the highest standards.

Braden Perry Featured in Series on Law Firm Information Security

Kennyhertz Perry, LLC Partner Braden Perry was featured as one of several information security experts in the ABA Law Practice Today. Mr. Perry discussed the revelation that some of the country’s most prestigious law firms were hacked in an attempt to uncover confidential information, coupled with the “Panama Papers” scandal, and how it has put an uncomfortable spotlight on law firms and their data security programs.

The two-part series, entitled “Law Firm Hack Attack,” addresses the serious issues with law firms and their data security, including why law firms are targets. Mr. Perry has extensive experience advising clients in federal inquiries and investigations, particularly in enforcement matters involving complex or emerging and novel issues. He also works with clients in all industries in crafting information security programs and ensuring their current information security programs are sound.