ARTICLE
19 January 2023

CFTC Action Alleges Digital Asset Market Manipulation On DeFi Exchange

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BakerHostetler

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Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
The individual has also been charged by the U.S. Department of Justice.
United States Technology
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In a recent press release, the Commodity Futures Trading Commission (CFTC) announced a civil enforcement action charging an individual with a fraudulent and manipulative scheme to unlawfully obtain over $110 million in digital assets from a decentralized digital asset (DeFi) exchange, marking the first enforcement action against an exchange of this type. The CFTC alleges that the individual used "oracle manipulation" to misappropriate over $110 million in digital assets by creating two anonymous accounts on the DeFi exchange to artificially pump the price of the DeFi exchange's underlying token, MNGO. According to the press release, the individual rapidly purchased substantial quantities of MNGO on three separate exchanges that were "oracles" (oracles provide decentralized exchanges with a data feed to determine the value of assets based off a larger input of data). As a result, the price of MNGO jumped thirteen times its previous value for a short period of time, resulting in an artificial inflation of value, at which time the individual then sold MNGO. The individual has also been charged by the U.S. Department of Justice.

According to a recent report, a novel method of service has been used by the court-appointed liquidators in a major cryptocurrency hedge fund case; they tweeted subpoenas to the founders "requesting that they produce documents and information for the recovery of assets as part of bankruptcy proceedings in New York and the British Virgin Islands." Lack of cooperation from the founders has made it difficult for the court to engage them in the bankruptcy proceedings, but the report notes that they "frequently post on Twitter and occasionally make media appearances." The U.S. Bankruptcy Judge approved the service of the subpoenas through email and a redacted version on Twitter given the lack of cooperation in the case.

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ARTICLE
19 January 2023

CFTC Action Alleges Digital Asset Market Manipulation On DeFi Exchange

United States Technology

Contributor

BakerHostetler logo
Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
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