CFTC Charges CME Group’s New York Mercantile Exchange and Two Former
Employees with Disclosing Material Nonpublic Information about Customer
Trades
Washington, DC – The U.S. Commodity Futures Trading
Commission (CFTC) today filed an enforcement action charging the New
York Mercantile Exchange, Inc. (CME NYMEX), which is owned and operated
by the CME Group, and two former CME NYMEX employees, William Byrnes and
Christopher Curtin, with violating the Commodity Exchange Act and CFTC
Regulations through the repeated disclosures of material nonpublic
customer information over of period of two and one-half years to an
outside commodity broker who was not authorized to receive the
information.
The CFTC’s Complaint, filed on February 21, 2013, in
the U.S. District Court for the Southern District of New York, alleges
that Byrnes and Curtin worked on the CME ClearPort Facilitation Desk and
were responsible for facilitating customer transactions reported for
clearing through the CME ClearPort electronic system. The Complaint
alleges that at least from in or about February 2008 to September 2010,
Byrnes knowingly and willfully disclosed material nonpublic information
about CME NYMEX trading and customers, including about trades cleared
through CME ClearPort, to a commodity broker on at least 60 occasions.
The Complaint further alleges that between May 2008 and March 2009,
Curtin knowingly and willfully disclosed the same type of information to
the same commodity broker on at least 16 additional occasions. The
nonpublic customer information unlawfully disclosed by Byrnes and Curtin
in conversations — often captured on tape — included details of
recently executed trades, the identities of the parties to specific
trades, the brokers involved in trades, the number of contracts traded,
the prices paid, the structure of particular transactions, and the
trading strategies of market participants, according to the Complaint.
The
Complaint alleges that the CME NYMEX and the two former employees
violated the Commodity Exchange Act and CFTC Regulations, which
specifically prohibit the disclosures of this type of customer
information.
The CFTC’s Complaint also alleges that in July 2009,
a market participant complained to CME NYMEX that the participant
believed nonpublic information about trades cleared through CME
ClearPort had been disclosed by a CME NYMEX employee named “Billy.”
Although a CME NYMEX Managing Director who investigated the market
participant’s complaint identified “Billy” to be William Byrnes, CME
NYMEX did not then question Byrnes, and Byrnes’s illegal disclosures
continued for over a year, until at least September 2010. Ultimately,
CME NYMEX terminated Byrnes’s employment in December 2010 after yet
another market participant complained to CME NYMEX about disclosures of
nonpublic customer information. Curtin had previously left CME NYMEX
voluntarily.
In its continuing litigation, the CFTC seeks civil
monetary penalties, trading and registration bans, and a permanent
injunction prohibiting further violations of the federal commodities
laws, as charged.
CFTC Division of Enforcement staff responsible
for this case include Patrick Daly, James Wheaton, David W. MacGregor,
Lenel Hickson, Stephen J. Obie, and Vincent A. McGonagle.
Media Contacts
Dennis Holden
202-418-5088
http://www.cftc.gov/PressRoom/PressReleases/pr6519-13