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Commodities Fraud Whistleblower Lawyer

Learn About Blowing the Whistle from an Experienced Commodities Fraud Attorney

Lynette Byrd
Attorney Lynette Byrd
Whistleblower Team Lead
Former DOJ Attorney
Nick Oberheiden
Attorney Nick Oberheiden
Whistleblower Team Lead
Brian Kuester
Attorney Brian Kuester
Whistleblower Team
Former U.S. Attorney and District Attorney

Commodities fraud is a pervasive issue that can have serious consequences for both markets and investors. While the Commodity Futures Trading Commission (CFTC) is tasked with uncovering and prosecuting commodities fraud in the United States, it relies heavily on CFTC whistleblowers to come forward. If you are considering blowing the whistle with the futures trading commission CFTC, we can guide you through the CFTC whistleblower process, and we encourage you to schedule a free and confidential consultation with a commodities fraud whistleblower lawyer at Oberheiden P.C. promptly.

Commodities Fraud: When to Blow the Whistle with the CFTC

Under federal law, commodities fraud can take many different forms. If you are involved in the commodities and futures trading industry, you are likely familiar with many (if not all) of these forms of fraud already. Even so, you may still be unsure of whether the information you have in your possession warrants contacting the CFTC—and you may understandably have questions about the CFTC whistleblower program.

So, when can (and should) you report commodities fraud with the Commodity Futures Trading Commission? We encourage you to speak with a commodities fraud whistleblower attorney at Oberheiden P.C. if you have access to insider knowledge or non-public information about any of the following:

Commodities Investment Scams

Market participants, brokers, and other individuals and entities can (and should) be held accountable for perpetrating commodities investment scams. This includes, but is by no means limited to, scams such as:

  • Affinity fraud schemes
  • Blockchain fraud schemes
  • Imposter fraud schemes
  • Material misrepresentations or omissions to retail investors
  • Ponzi schemes and pyramid schemes

If you are aware of any type of commodities fraud perpetrated against investors (either in the past or ongoing), a commodities fraud lawyer at our firm can determine if you qualify to serve as a whistleblower. If you do—and if you decide to come forward—we can file your CFTC whistleblower claim and work with the CFTC whistleblower office on your behalf throughout the process.

Commodities Market Manipulation

Whistleblowers can also report market manipulation schemes to the CFTC. Similar to investment scams, commodities market manipulation can take a variety of forms. Some examples include:

  • Foreign exchange (forex) market manipulation
  • Crude oil and gas market prices manipulation
  • Precious metals (i.e., gold) market manipulation
  • Spoofing and automated trading schemes
  • Other deceptive practices impacting the commodities or futures markets

Here too, if you believe that you may have information that the CFTC could use to pursue a successful enforcement action, we strongly encourage you to get in touch. One of our commodities fraud whistleblowers will be more than happy to speak with you in complete confidence and help you make an informed decision about what to do (if anything) with the information you have in your possession.

Corruption and Bribery

The Commodity Futures Trading Commission accepts whistleblower complaints involving allegations of corruption and bribery, both in the U.S. and abroad. The CFTC has the authority to target corrupt practices affecting the commodities and futures markets under the Commodity Exchange Act (CEA)—and it has exercised this authority in recent years.

Here too, unlawful practices can take many different forms, and they can involve a wide range of parties. If you are aware of your employer, your former employer, or another company attempting to obtain approval for regulated activities or to manipulate benchmarks through improper means (whether in the U.S. or another country), our commodities fraud whistleblower attorneys can assist you in this scenario as well.

Insider Trading Involving Commodities or Futures

Insider trading is a concern across all types of investment markets—including the futures contracts and commodity futures markets in the U.S. and abroad. The CFTC vigorously enforces the prohibition against insider trading in these markets, and CFTC whistleblower lawyers who help the Commission uncover and prosecute federal commodities fraud will be eligible to receive whistleblower awards in many cases (this is true with other forms of commodities fraud as well).

“Insiders” include not only company executives and other high-level personnel, but also advisors, family members, and various other individuals. Insiders can (and should) be held accountable not only for trading on their own account, but also for providing third parties with access to material non-public information (or “tipping”).

Statutory or Regulatory Violations Within the Commodities and Futures Trading Industry

Along with the types of violations discussed above, whistleblowers can also report statutory or CFTC violations within the commodities and futures trading industry. This includes (but is not limited to) relatively common violations such as:

  • Marketing violations
  • Recordkeeping violations
  • Registration violations
  • Reporting violations
  • Trading violations (i.e., position limit violations)

In many cases, these types of violations can have either direct or indirect implications for futures markets and investors. As a result, the CFTC takes them very seriously. If you have information about a violation that you are interested in reporting, a commodities fraud whistleblower lawyer at Oberheiden P.C. can provide the information and insights you need to feel confident moving forward.

Submitting False or Misleading Information to the CFTC

Commodities fraud whistleblowers can also report fraud involving companies that submit false reporting or fraudulent statements to the CFTC. While this is a clear form of fraud, it is a form that often requires insider knowledge to uncover. Our commodities fraud attorneys are intimately familiar with the CFTC’s reporting and disclosure requirements, and we can assess whether the information you have in your possession is sufficient to warrant filing a whistleblower disclosure under the CEA.

How Our Commodities Fraud Whistleblower Lawyers Can Help

Choosing whether to come forward as a commodities fraud whistleblower is a big decision, and it is a decision that you need to make with a clear understanding of what to expect if you move forward. We guide our clients step-by-step through the federal whistleblower program, communicating with the appropriate regulatory agency and law enforcement organization every step of the way. Here is what you can expect if you choose to speak with a whistleblower lawyer at Oberheiden P.C.:

  • Protect whistleblower confidentiality – We will hold all information you share with us in complete confidence, and we will not provide any information to the CFTC unless you authorize us to do so.
  • Personalized Advice – We will provide personalized advice based on your specific circumstances so that you can make an informed decision about whether to file a commodities fraud whistleblower complaint.
  • No Pressure – Under no circumstances will we pressure you to move forward. Whether you ultimately decide to file a commodities fraud whistleblower complaint is up to you.
  • Direct Communication with the CFTC – If you decide to file a complaint, our CFTC whistleblower attorneys will communicate directly with the CFTC on your behalf.
  • Representation Throughout the Process – If you decide to file a complaint, our attorneys will represent you throughout the process. This includes working with the CFTC to secure your whistleblower reward or monetary incentives if you become eligible to receive one.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Kevin McCarthy
Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo
Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson
Nicholas B. Johnson

Former Prosecutor

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

FAQs: Filing a Commodities Fraud Whistleblower Complaint with the CFTC

How Do I Blow the Whistle on Commodities Fraud?

Blowing the whistle on commodities fraud typically involves filing a complaint under the CFTC whistleblower reward program, established under the Dodd Frank Act. While CFTC whistleblowers are entitled to protections (and financial gain in some cases), they must come forward through the appropriate channels to obtain the protections (and rewards) that are available.

Can I Report Commodities Fraud to the CFTC Anonymously?

Yes, it is possible to report commodities fraud to the CFTC anonymously. While you can do this yourself, you can also hire whistleblower attorneys or a commodities fraud attorney to file a complaint under the CFTC whistleblower program anonymously on your behalf. This way, the Commodity Futures Trading Commission will be able to communicate with your attorney during its ongoing investigations, and you will be eligible to receive a CFTC whistleblower award if the CFTC successfully pursues a judicial or administrative action.

Is There a Financial Reward for Reporting Commodities Fraud?

Under the CFTC whistleblower reward program, whistleblowers who help the CFTC recover $1 million or more are entitled to CFTC whistleblower rewards equal to between 10% and 30% of the amount recovered. Reward percentages are based on the value of the information provided, the whistleblower’s level of involvement in the CFTC enforcement actions, and other factors.

Can My Employer Retaliate Against Me if I File a Commodities Fraud Whistleblower Complaint?

Your employer cannot legally retaliate against you for filing a commodities fraud whistleblower complaint with the CFTC. If your employer retaliates against you illegally, you will be entitled to reinstatement, back pay, and/or other remedies including attorney’s fees, litigation costs, and expert witness fees under whistleblower laws.

Do I Need a Lawyer to File a Commodities Fraud Whistleblower Complaint?

While not legally required, hiring a law firm to assist with your commodities fraud whistleblower complaint is strongly recommended. There are several ways an experienced CFTC whistleblower lawyer will be able to help you—including helping you make an informed decision about whether to come forward. Hiring a lawyer should not cost you anything out-of-pocket in this scenario, and you may be eligible for reasonable attorney’s fees if a claim proceeds in federal district court or judicial or administrative hearing.


Why Clients Trust Oberheiden P.C.

  • 2,000+ Cases Won
  • Available Nights & Weekends
  • Experienced Trial Attorneys
  • Former Department of Justice Trial Attorney
  • Former Federal Prosecutors, U.S. Attorney’s Office
  • Former Agents from FBI, OIG, DEA
  • Serving Clients Nationwide
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