Amaranth in civil lawsuit battle
The Amaranth saga continues as the US Commodities and Futures Trading Commission (CFTC) announced today it is filing a civil enforcement action against the hedge fund and its former head energy trader, Brian Hunter.
“On two separate occasions, on February 24 2006 and April 26 2006, Amaranth and Mr. Hunter intentionally and unlawfully attempted to manipulate the price of natural gas futures contracts on Nymex,” said Gregory Mocek, director of the CFTC's enforcement division, during a conference call held today.
The CFTC alleges that, on both occasions, Amaranth acquired more than 3,000 Nymex natural gas futures contracts in advance of the closing range, the vast majority of which were subsequently sold during the closing range. “The defendants attempted to ‘bang the close’, in order to artificially lower natural gas futures prices in the closing range on expiry days of the Nymex natural gas contracts in question,” said Mocek.
They did so, the CFTC said, because they simultaneously held large short natural gas financially-settled swaps positions, primarily on the Intercontinental Exchange (Ice). The settlement price of the Ice swaps is based on the Nymex natural gas futures settlement price, determined by trading done during the closing range on expiry day. A lower natural gas price would have benefited Amaranth’s swaps position on Ice. When questioned by Nymex about the April 26 2006 trading, the CFTC says Amaranth subsequently issued false statements.
The CFTC said it could impose fines of $130,000 for each violation. The next stage of the investigation remains unclear, as does the extent, and sources, of damages the CFTC expects to obtain, a factor somewhat complicated by the fact that Amaranth is in liquidation, and that Hunter is resident in Canada.
The CFTC’s action comes after Hunter sued this week to block the US Federal Energy Regulatory Commission (FERC) from taking enforcement action against him. Hunter said the CFTC, not FERC, has jurisdiction over the Nymex, where Amaranth’s trading took place. He left Amaranth last year to start Solengo Capital, a Calgary-based hedge fund.
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
FRTB revamp won’t restore models to past glory, risk managers say
US-inspired reform only expected to lead to small boost in adoption, with limited desks on IMA
Regulators must think bigger to tackle tech risks, says Hong Kong SFC
Leung warns AI adoption and recent cyber scares show new threats require global co-operation
Time to let some air out of the banking system?
Watchdogs worry about lowering standards, but policy-makers eye growth – they face a difficult dilemma
Competitiveness mandate for Esma faces uphill battle
European Parliament offers last chance to force Esma to take more nuanced approach
Europe expects FRTB to bite on XVA hedges
Risk Benchmarking: One-third of European dealers fear new market risk rules will have major effect on hedges
Burning ambition: will Europe join the US in setting fire to the rules?
As the US dismantles post-crisis regulations, some think Europe will follow in a bid to boost economic growth
Can US perpetual futures solve their identity crisis?
Market could fall under four different regulatory categories, with sharply diverging outcomes
Banks want AML data upgrade to complement US regulatory reform
FinCEN’s proposed overhaul sparks debate on whether it will lead to smarter or weaker supervision