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New York Firm Settles CFTC Charges

February 24, 2012
New York-based D.E. Shaw & Co. L.P. agreed to settle CFTC charges that the firm, in its role as a commodity pool operator ("CPO"), exceeded speculative position limits in the futures markets.  The CFTC announced the filing and simultaneous settlement of this case, in which D.E. Shaw agreed to a $140K penalty. CFTC Findings and Allegations. The CFTC found that D.E. Shaw traded soybean and corn futures on the Chicago Mercantile Exchange (CME) in violation of Commodity Exchange Act rules and CFTC regulations. Specifically, on 4/1/10, the firm held a short position of 9,894 May 2010 soybean futures contracts – exceeded by 3,394 contracts the single month speculative limit of 6,500 for soybean futures. On 6/18/10, D.E. Shaw held a short position of 13,657 December 2010 corn futures contracts, which exceeded by 157 contracts the 13,500 contract single month speculative position limit for corn futures. D.E. Shaw to pay a $140,000 civil monetary penalty for having violated section 4a(b) of the Commodity Exchange Act and CFTC regulation 150.2. CFTC Enforcement Staff Credits. Responsible for case:  Linda Peng, David MacGregor, Lenel Hickson, Jr., Stephen Obie, Vincent McGonagle. For further details:   [CFTC Press Release 6186-12, 2/22/12].