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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]