Commodities Investigations
Our leading global Investigations team represents clients in investigations involving physical commodities, financial over-the-counter derivatives and regulated futures trading before enforcement regulators and criminal authorities around the world.
Aided by the broader firm’s in depth understanding of the commodities markets from a regulatory advisory perspective, our investigations practitioners draw upon their years of experience both as private practitioners and as former prosecutors and government enforcement attorneys to help client navigate their enforcement risk, quickly identifying key issues and thereafter delivering strategic, holistic and practical advice.
Allen & Overy’s enforcement defence team represents global trading companies, high frequency trading firms, exchanges, financial institutions, commodity traders and companies, including major integrated oil companies, merchants and intermediaries, in investigations and follow on litigation in every jurisdiction in which commodities and related derivatives markets are centered. Our highly experienced attorneys have defended clients in proceedings involving allegations of price manipulation, fraud (including insider trading), false reporting, disruptive practices (including spoofing), trade practice violations (including wash trading, EFRPs and blocks), and various other regulatory violations, among other activities.
We advise on these issues in Europe, the U.S. and Asia, with notable experience of handling CFTC proceedings.
Our experience includes:
- Representing a financial institution in a CFTC investigation related to alleged manipulation of aluminium markets.
- Representing a major U.S. bank in a global regulatory and compliance review of its sales practices for derivatives structured products and securitisations. This involved a review of sales practices in retail structured products, derivatives (equity, credit, rates, FX, commodities), and ABS globally.
- Advising an international commodities trading company as a defendant in a criminal investigation regarding allegedly fraudulent importation of U.S. biodiesel into Europe through the port of Antwerp.
- Advising a leading manufacturer and marketer of valves, actuators and controls on a criminal investigation (and subsequently prosecution) by the Department of Customs and Excise of Hong Kong over an alleged breach of local import and export of strategic commodities regulations.
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Publications: 20 December 2023
从绝对豁免到相对豁免——《外国国家豁免法》对内地和香港跨境争议的影响
随着《中华人民共和国外国国家豁免法》(下称“《外国国家豁免法》”)即将于2024年1月1日起施行,中华人民共和国(下称“中国”)内地和香港长期以来所奉行的对外国国家及其财产的绝对豁免原则亦将迎来终结。《外国国家豁免法》引入了有关商业活动的例外,并允许外国国家事先以明示的方式放弃国家豁免,从而增加了可对外国国家提起诉讼的情形,并扩大了可对其在内地和香港境内的财产执行仲裁裁决和法院判决的范围。这一变化…