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Allen & Overy LLP
1101 New York Avenue, NW
Washington, DC
20005
United States

Telephone icon+1 202 683 3887
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  Gregory Mocek

Partner

Washington, D.C.

Gregory Mocek’s practice involves legal and strategic guidance on a broad range of issues, including regulatory, government investigations, internal investigations, the Dodd-Frank Act, litigation, compliance, and operational risk. Gregory is one of the top commodity and derivatives defense lawyers in the United States, and has led investigations in more than a dozen countries. In addition to recognition by Chambers, Washington D.C. Super Lawyers, and The Legal 500, he was selected for inclusion in The Best Lawyers in America since 2012 in the area of Derivatives and Futures Law. He also was honored as Lawyer of the Year in The Best Lawyers in America 2013 for Derivatives and Futures Law. Chambers USA said Gregory is a lawyer who has “encyclopedic knowledge of the CFTC.”

Gregory remains on the frontline of domestic and cross-border regulatory issues, investigations, and litigation in the commodity and derivatives markets. He is regularly retained to advise and defend executives and corporations in bet-the-company investigations that require significant appreciation of markets, trading dynamics, regulatory inquiries and regulatory scope. His regulatory work and defense of clients in the physical, swaps, futures, and options markets has covered multiple commodities including agriculture, energy, metals, interest rates, and foreign currency. Over the last twenty years, Gregory handled investigations and litigated cases related to price reporting and commodity benchmarks, manipulation, fraud, wash trading, false reporting, unlawful trading practices, supervision, spoofing, and many other regulatory issues. Given his extensive regulatory background, Gregory was also called to testify during the rulemaking process at the CFTC, offering comments and insight on the disruptive trading practices and spoofing provisions of the Dodd-Frank Act.

As a former Director of Enforcement for the U.S. Commodity Futures Trading Commission, Gregory rose through the organization to provide leadership as one of the longest serving enforcement directors in Commission history. Leading 175 professionals in the Division of Enforcement, he was responsible for managing the Commission’s investigations, policies and related litigation in the U.S. and abroad. During the Bush administration, Gregory directed a wide variety of domestic and international cases at the CFTC involving complex OTC, physical and on-exchange transactions. He also worked closely with the President’s Corporate Fraud Task Force, the Enron Task Force, FERC, SEC, DOJ, and multiple other U.S. and foreign regulatory bodies. Furthermore, he played a key role in high-profile CFTC actions against Enron, Amaranth, and in hundreds of other complex cases. Gregory and his investigation and litigation teams developed techniques, theories, and case law in the energy markets that are the backbone of commodity benchmark cases. Prior to his appointment as the Director of Enforcement, Gregory held several titles at the CFTC, including Special Counsel to Chairman James Newsome and Senior Trial Attorney. Before joining the CFTC, he was in private practice and focused on securities, commodities and commercial litigation.

Gregory advises a broad spectrum of clients, including domestic and international banks, Futures Commission Merchants, Commodity Pool Operators, Swap Dealers, Commodity Trading Advisors, Introducing Brokers, exchanges, HFT firms, commercial companies, producers, commodity merchants, foreign and domestic trading houses, major oil companies, and hedge funds. He has represented corporations, boards of directors, and individuals in investigations involving the CFTC, Securities and Exchange Commission, Department of Justice, Financial Industry Regulatory Authority, National Futures Association, Federal Trade Commission, Financial Conduct Authority, BaFin and other regulatory and enforcement authorities.

A frequent speaker on compliance, risk, and Dodd-Frank regulatory and enforcement issues, Gregory is a member of the Futures Industry Association, the Commodities & Derivatives Section of the American Bar Association, and the Commodity Markets Council.

Experience

Relevant Allen & Overy and former firm experience includes advising:

A global financial institution in CFTC wash trading and supervision investigation.

International trading company in CFTC investigation of refined products trading in global markets.

A trading firm in CFTC investigation involving alleged manipulation of swap futures contracts.

Financial institutions in CFTC investigations involving non-competitive trading and capital issues.

An introducing broker in CFTC investigation of rogue broker, position limits, and unauthorized trading.

A global bank in CFTC wash trading and supervision investigation.

Foreign swap dealer in CFTC investigation of swaps reporting and supervision.

High frequency trading company in wash trading and spoofing investigation.

A bank in CFTC supervision investigation.

A financial institution in cross-border CFTC and DOJ investigation of precious metals.

Foreign oil company in CFTC investigation of refined products in European markets.

Financial institution in defense of a class action involving precious metals.

A major oil company in FTC investigation of oil markets.

A global financial institution in CFTC manipulation investigation of European and U.S. storage and trading of non-ferrous metal.

Multiple U.S. and foreign companies in CFTC investigations of swaps and EFRPs.

HFT in CFTC spoofing investigation.

A global financial institution in CFTC investigation of recordkeeping issues.

A non-profit in CFTC investigation regarding CTA and CPO negotiation.

A hedge fund in CFTC non-competitive trading investigation.

A clearing firm in CFTC investigation of recordkeeping and supervision.

A global mutual fund in CFTC wash trading investigation.

A major oil company in CFTC and FSA manipulation investigation of Brent markets.

A domestic commodity merchant in CFTC investigation of Brent market.

A foreign oil company in CBOE insider trading investigation.

A trader in CFTC investigation of natural gas market.

A swap dealer in supervision investigation.

An FCM in NFA investigation of retail FOREX trading.

A commercial company in FTC manipulation investigation of gasoline and crude.

A foreign trader in CFTC foreign crude manipulation investigation.

HFT in CFTC investigation of swaps market.

An oil company in global investigation of commodity indexes.

A UK agriculture company in CFTC wash trading investigation.

Several FCMs in CFTC investigations of segregated funds.

An introducing broker in CFTC fraud investigation.

A hedge fund in CFTC investigation of certain trading in natural gas markets.

An exchange in CFTC investigation.

A hedge fund in multi-agency investigation related to spoofing.

A U.S. agriculture company in CME investigation.

An international agribusiness company in a regulatory compliance audit.

A fund in joint fraud investigation by the SEC, CFTC, and CBOE.

An oil company in CME investigation of front-running activity.

A foreign hedge fund in CFTC investigation associated with fund’s agriculture trading.

An energy trading merchant in CFTC investigation involving coal markets.

An algorithmic trading operation in CFTC investigation regarding speculative limits.

A swap dealer in CFTC investigation concerning supervision of risk and personnel.

A Canadian Broker in CFTC fraud investigation.

A floor broker in CFTC manipulation investigation of crude futures trading.

A bank in government investigation of exchange traded fund.

IB in National Futures Association audit.

A bank in CFTC investigation involving commodity research.

A global bank in CFTC investigation of risk controls.

A global financial institution in CFTC investigation related to reporting of swaps.

An algorithmic trading operation in CFTC investigation of natural gas trading on the NYMEX.

A bank in CFTC manipulation investigation of certain energy futures trading activity.

FCM and IB in trading system investigations.

A major oil company in CFTC investigation associated with company’s trading in WTI crude.

A financial institution in multi-agency global investigation of Libor.

A trading company in a CFTC insider trading investigation.

An agriculture company in CFTC investigation involving swaps.

A registrant in CFTC investigation concerning issues related to failure to supervise.

An international bank in foreign currency investigation.

Professional qualifications

U.S. Supreme Court

District of Columbia

State of Louisiana

Academic qualifications

J.D., Tulane University Law School

LL.M., Boston University School of Law

B.S., University of Louisiana

Published work

Panelist, "Outside Counsel Round-up," Commodity Markets Council Regulation and Compliance Conference 2017, Washington, DC, October 10, 2017

Panelist, "Managing Risk for Global Commodities Traders," TXF Geneva 2017 Conference, Geneva, Switzerland, October 6, 2017

Panelist, "Memory Lane - Those Who Forget History are Doomed to Repeat It," FIA 39th Annual Law and Compliance Conference on the Regulation of Futures, Derivatives and OTC Products, Baltimore, MD, May 3, 2017

Moderator, "Enforcement/Litigation Developments," ABA Derivatives and Futures Law Section Winter Meeting, Naples, FL, January 19-21, 2017

Speech, “The Gist: Minefields in the Current Policy Covering Spoofing and Market Manipulation,” The National Press Club, Washington, DC, September 9, 2016

“Inside the New Forex Market Code of Conduct,” Law360 (June 9, 2016), with Anthony Mansfield, Jonathan Flynn, and Jorge Pesok

“Regulators are Widening the Spoofing Net,” Law360 (May 26, 2016), with Anthony Mansfield, Paul Pantano, and Jonathan Flynn

“Compliance Departments Must Continue to Evolve as Regulators Refine Their Approach to Spoofing,” The National Law Review (May 5, 2016), with Anthony Mansfield, Paul Pantano, and Jonathan Flynn

Panelist, “Defining and Managing Energy Trading Risk and Policy - Enforcement,” Energy Metro Desk’s New Risk in Energy III Conference, Houston, TX, March 2, 2016

“Spoofing – A New Amorphous Crime With Domestic and International Implications for Traders,” Commodities Now Magazine (Feb. 2016), with Jon Flynn

Panelist, “Spoofing: How to Deal With This Tricky Offense and its Regulatory Guidelines,” FIA Law & Compliance Division Webinar, Washington, DC, January 14, 2016

“The Legal and Economic Implications from Recent Spoofing Cases,” Winter 2015 ABA Agriculture and Food Committee Newsletter, Volume 5, No.1, with Yan Cao and Dr. Greg Leonard

“A Practitioner’s Guide to the CFTC and SEC Whistleblower Programs” (Nov. 2012), with Joseph Moreno

Moderator, “Surveillance Case Studies: Disruptive Trading – The Fundamental Elements,” 31st Annual FIA Futures and Options Expo, Chicago, IL, November 5, 2015

“Surviving a Regulatory Inquiry,” Commodities Now (Sep. 2012), with Joseph Moreno

Panelist, “Outside Counsel Round-Up,” Commodity Markets Council Regulation & Compliance Conference 2015, Washington, D.C., September 16, 2015

Panelist, “Afraid to Trade?” FIA International 40th Annual Futures Industry Conference, Boca Raton, FL, March 10-13, 2015

Panelist, “Outside Counsel Perspectives,” Commodity Markets Council State of the Industry Meeting, Miami, FL, January 25-27, 2015

Panelist, “Long-Term Perspectives on Enforcement,” ABA Derivatives and Futures Law Section Winter Meeting, Naples, FL, January 22-24, 2015

Panelist, “My Regulator Is Scarier Than Your Regulator,” Cornerstone Research Conference, Guanacaste, Costa Rica, November 3, 2014

Panelist, “Benchmarks,” SFOA/FIA/FIA Europe Burgenstock 2014 Conference, Geneva, Switzerland, September 25, 2014

Panelist, “Of Counsel Panel,” Commodity Markets Council Compliance Conference, Washington, D.C., September 18, 2014

Speech, “Steering Clear of Enforcement,” Energy Metro Desk’s 2014 New Risk in Energy Conference, Houston, TX, April 7, 2014

Panelist, “Commodities and Derivatives Litigation and Regulatory Update,” 46th Annual Seminar, SIFMA’s Compliance & Legal Society, Orlando, FL, April 1, 2014

Panelist, “CFTC Compliance Issues: Current Affairs,” Commodity Markets Council State of the Industry 2014, Miami, FL, January 28, 2014

Panelist, “CFTC: The Not So New Kid on the Block that is Making Waves Anew,” American Bar Association Eighth Annual National Institute on Securities Fraud, New Orleans, LA, October 24, 2013

Panelist, “Market Manipulation: Best Practices to Avoid Penalties and How to Enhance Your Compliance Program in Light of Recent Enforcement,” American Conference Institute’s 7th Annual National Forum on Energy Trading Compliance and Enforcement, Houston, TX, June 6, 2013

Panelist, “Litigation and Enforcement Update,” 35th Annual FIA Law & Compliance Conference on the Regulation of Futures, Derivatives and OTC Products, Baltimore, MD, May 8-10, 2013

Speech, “Dealing with Federal Investigations,” Deloitte Dodd-Frank Compliance Leadership Academy, Westlake, TX, February 27, 2013

Panelist, “Litigation-Civil and Enforcement,” American Bar Association Derivatives and Futures Law Section Winter Meeting, Naples, FL, January 24-26, 2013

Panelist, “Enforcement Issues and Disruptive Trading Practices Under the Dodd-Frank Act of 2010,” D.C. Bar Derivatives & Futures Lunch Program, Washington, DC, September 6, 2012

Moderator, “Litigation and Enforcement - FERC and CFTC View,” CFTC-Dodd-Frank Compliance Forum, Edison Electric Institute, Washington, DC, June 26, 2012

Panelist, “Commodities: A Top Area For Enforcement,” 26th Annual National Institute on White Collar Crime, Miami, FL, February 29-March 2, 2012

Panelist, “How Will Regulation Reshape Commodity Markets,” World Commodities Week 2011, London, UK, October 25-27, 2011

Moderator, “Energy & Commodities OTC Clearing and Execution Under Dodd-Frank Regulation,” Energy Risk Webinar Round Table, New York, NY, September 26, 2011

Keynote Address, “Dodd-Frank - One Year Later: The New Landscape of Derivatives Trading in the U.S. Marketplace,” Capital Link 3rd Annual Global Derivatives Forum, New York, NY, September 8, 2011

Moderator, “Global Regulation: Discussion About Regulatory Changes and How They Will Alter the Way You Trade and Invest,” Commodity Trading & Investment Summit, Energy Risk, Geneva, Switzerland, June 21, 2011

Panelist, “Dodd-Frank Reform and What it Could Mean for Natural Gas Purchasers,” GasMart 2011, Chicago, IL, May 11, 2011

Panelist, “The Impact of Dodd-Frank on Energy Markets,” Electric Utility Consultants, Inc., Washington, DC, April 27, 2011

Panelist, Symposium, Ensuring Liquid and Transparent Futures Markets in a Changing Regulatory Landscape, Washington DC, March 1, 2011

“Commodity Traders Beware: Ten Urban Myths That Could Put You Behind Bars In the United States” (2011)

“Building the House Before the Foundation,” Energy Metro Desk (Feb. 21, 2011), with Jonathan Flynn and Benjamin Chesson

Panelist, “Dodd-Frank Workshop,” Commodity Markets Council State of the Industry 2011 Annual Meeting, Palm Beach, FL, February 8-10, 2011

Panelist, “Enforcement Developments,” American Bar Association Derivatives & Futures Law Committee Winter Meeting, Naples, FL, February 3-5, 2011

Panelist, “Responding to Audits, Investigations, and Enforcement Actions in the Era of Multi-Agency Oversight - Practical Guidance,” Energy Bar Association, Primer on Enforcement and Compliance in Energy Markets, Washington, DC, December 10, 2010

Panelist, “Regulation, Changing Laws and Enforcement-The Implications for Commodity Investors and Investing,” World Commodities Week 2010, London, UK, October 4-8, 2010

Panelist, “Best Practices for Maximizing the Effectiveness of Surveillance in Compliance Programs to Reduce Risk,” American Conference Institute, 4th National Forum on Energy Trading Compliance, Houston, TX, September 28-29, 2010

Panelist, “Litigation and Enforcement,” Futures Industry Association Law & Compliance Division Workshop, National Harbor, MD, April 28-30, 2010

Panelist, “CFTC and FERC Manipulation and Enforcement Practices,” Energy Bar Association, Northeast Chapter, Washington, DC, February 24, 2010

Panelist, “Energy Roundtable,” Commodity Markets Council State of the Industry 2010 Annual Meeting, Palm Beach, FL, February 3-5, 2010

Day Chair, American Bar Association Derivatives & Futures Law Committee Winter Meeting, Naples, FL, January 28-30, 2010

Panelist, “Policy and Enforcement in Oil Markets,” Argus Oil Market Regulation Summit 2009, Houston, TX, October 20-21, 2009

Panelist, “The Extraterritorial Reach of the U.S. Commodity Futures Trading Commission Enforcement Program,” World Commodities Week Europe 2009, London, UK, October 5-9, 2009

Panelist, “Enforcement by Administrative Agencies,” 8th Annual Gas & Power Institute, Houston, TX, September 10-11, 2009

Speech, “Derivatives Regulation in the New Economy: Loophole Carpet Bombing, Market Mutations, and Trader Liability,” Gas Mart 2009, Chicago, IL, May 20, 2009

Panelist, “Energy and Agriculture: Speculation, Manipulation and Regulation,” Futures Industry Association Law & Compliance Division Workshop, Conference on the Regulation of Futures, Derivatives and OTC Products, National Harbor, MD, May 13-15, 2009

“A New Era of Regulation Has Already Begun,” Commodities Now (Mar. 2009), with Athena Velie

Panelist, “New Developments in Enforcement,” American Bar Association Committee on Regulation of Futures and Derivatives Instruments, San Juan, Puerto Rico, January 28-30, 2009

“The Next Regulatory Era,” Energy Risk (Jan. 2009), with Athena Velie

Panelist, “Conducting a Futures Business Post Congress 2008: The Fallout from Dramatically Higher Energy and Agriculture Prices,” Futures Industry Association Expo 2008, Chicago, IL, November 11, 2008

Panelist, “Energy and Commodities,” 40th Annual Seminar, Securities Industry and Financial Markets Association, Compliance and Legal Division, Grande Lakes, Orlando, FL, April 2, 2008

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