Former JPMorgan workers ‘scammed the metals market’, prosecutors say
July 9, 2022

Prosecutors on Friday stated three former members of JPMorgan Chase’s treasured metals buying and selling desk “scammed the market” as a part of a years-long legal conspiracy to govern the worldwide silver and gold markets.
The feedback got here at the beginning of a trial that may be a reminder of the misconduct that blighted metals markets between 2008 and 2016, and resulted in stiff penalties for a number of banks by US authorities, together with a $920mn superb for JPMorgan in 2020.
Federal prosecutors have charged Michael Nowak, Jeffrey Ruffo and Gregg Smith with racketeering, wire fraud, spoofing and commodities fraud. Spoofing, which was outlawed within the US in 2010 by the Dodd-Frank Act, is the observe of rapidly inserting and withdrawing purchase and promote orders to create a misunderstanding of demand.
“In order to make more money for themselves, they decided to cheat to get better prices,” stated assistant US legal professional Lucy Jennings.
During opening arguments on Friday, prosecutors described how the defendants allegedly used the anonymity of digital futures buying and selling on the Chicago Mercantile Exchange to trick merchants on the opposite facet of their alleged pretend trades for greater than seven years. The merchants’ spoofs “represented 50 to 70 per cent of the visible gold and silver markets at a particular time”, Jennings stated.
But attorneys for the defendants stated no such sample existed, and that prosecutors had “cherry-picked” examples to attempt to show spoofing had taken place. They stated the distinction between lawful and unlawful trades got here all the way down to defendants’ intent and what they have been considering, one thing the prosecution couldn’t probably show.
The three males have pleaded not responsible to the fees, which have been filed in 2019. If convicted, they withstand 20 years in jail for every cost of which they’re discovered responsible. Nowak oversaw JPMorgan’s world treasured metals buying and selling desk, and Smith labored as a dealer and govt director in New York. Ruffo labored in gross sales in New York.
Another defendant, Christopher Jordan, might be tried individually.
The case centres on the buying and selling of hundreds of futures contracts for treasured metals akin to gold, silver and platinum. In the indictment, the DoJ alleges the group of merchants concocted unlawful buying and selling methods, together with spoofing, to achieve an edge over algorithmic merchants.
The prosecution claimed Nowak and Smith flooded the market with large volumes of trades — each buys and gross sales — that they by no means supposed to execute so as to get the specified worth for Ruffo’s shoppers.
Two former JPMorgan merchants have already pleaded responsible to spoofing within the treasured metals markets, whereas two former Bank of America merchants final yr have been convicted for wire fraud in an analogous case.
Among the fees in opposition to the defendants are violations of the Racketeer Influenced and Corrupt Organizations Act, or Rico, a federal legislation enacted in 1970 to pursue organised crime.
Over the years, the DoJ has broadened the scope of the kinds of crimes prosecuted beneath Rico to incorporate white-collar crime. More not too long ago, it has been used to focus on banks and bankers.
Aitan Goelman, associate at Zuckerman Spaeder and a former director on the US Commodity Futures Trading Commission, stated it was “unprecedented” for the DoJ to allege JPMorgan’s metals desk was a racketeering enterprise.
“I think that that’s a significant expansion of the department’s use of Rico,” Goelman stated.
Samuel Buell, a professor at Duke University School of Law, stated: “It’s not common to use Rico in these kinds of cases. Rico’s more of a kind of umbrella device that has procedural benefits for prosecutors” that “make it easier to join charges and defendants into a single case”.
The use of the statute in a monetary case “sends a message that the DoJ is taking a hard line on white-collar defendants”, stated John Zach, associate at Boies Schiller Flexner and a former federal prosecutor within the Southern District of New York.
Source: www.ft.com