Page 52 - 期货和衍生品行业监管动态（2022年10月）

期货和衍生品行业监管动态

relevant day as determined by an auction held on Gemini’s digital asset
trading platform (Gemini Bitcoin Auction).

 The CFTC charged respondents who designed, deployed, marketed,

and made solicitations concerning a blockchain-based software protocol that

accepted orders for and facilitated margined and leveraged retail commodity

transactions (functioning similarly to a trading platform). The Commission

found they unlawfully engaged in activities that could only lawfully be

performed by registered FCMs and failed to adopt a customer identification

program as part of a Bank Secrecy Act compliance program, as required of

FCMs.

 The CFTC found the cryptocurrency trading platform, Bitfinex,

engaged in illegal, off-exchange retail commodity transactions in digital
assets with U.S persons and operated as an FCM without registering as

required.

 The CFTC also found Tether Holdings Limited, and others, made

untrue or misleading statements and omissions of material fact in connection

with the U.S. dollar tether token (USDT) stablecoin. The order requires

Tether to pay a civil monetary penalty of $41 million.

 The CFTC charged defendants with illegally offering leveraged and

margined retail commodity transactions in digital assets, such as Ether, DAI,

and others; engaging in activities only registered FCMs can perform; and

failing to adopt a customer identification program as part of a Bank Secrecy

Act compliance program, as required of FCMs.

Manipulative and Deceptive Conduct and Spoofing

 In its largest benchmark manipulation case to date, the CFTC found
that an energy and commodities trading firm, engaged in manipulation and

foreign corruption in the U.S. and global oil markets, including manipulation

or attempted manipulation of four U.S. based S&P Global Platts physical oil

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