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CFTC Enforcement Chief Meister Expands Examination Team
November 27, 2011
As the Commodity Futures Trading Commission undertakes its first really significant financial investigation - albeit, with Chief Gary Gensler on the sidelines [C-I: which sounds really incredible, though absolutley necessary] - is using the opportunity to set up specialized enforcement units.
David Meister, CFTC Enforcement Chief, is creating 2 enforcement squads: one to examine fraud and manipulation; the second to go after apparent or potential swap market violators, a $600 trillion industry at the center of the 2008 financial meltdown. The move is part of the CFTC's effort to shake the Commission's "sleepy" or "hands-off" reputation of its enforcement unit.
David Meister's Experience. Mr. Meister seems to be the right one for the job. He's a former federal prosecutor who once served as a partner at Skadden, Arps, Meagher & Flom. In the past fiscal year, the CFTC has brought 99 enforcement actions - a 74% increase over the prior fiscal year. Noting the statistic, Mr. Meister told attendees of a Practising Law Institute event: "We're here to stay."
Of late, Mr. Meister's team has been involved 24/7 on MF Global. If it's, in fact, determined that MF Global intentionally tapped segregated customer funds, federal prosecutors could file criminal charges. Mr. Meister, however, pointed out that his agency didn't need to show "intent to prove a violation of our law."
Notwithstanding David Meister's sincere and aggressive intentions, the CFTC continues to face severe budge cuts by lawmakers who are intent on maintaining an essentially flat budget - notwithstanding the Agency' expanded role and increased workload. Limited resources also constrain the SEC, as well. [DealBook, 11/21/11]

