scienter

Market Manipulation: Staying a Step Ahead

Law, compliance, and case management – plus the blurred boundary between FERC and CFTC.

In the aftermath of 2000-2001 energy crisis, Congress provided federal regulators more authority to crack down on fraud. To do so, FERC must show that the actor possessed the requisite state of mind and establish a connection between the alleged manipulative action and an interstate transportation or sale for resale of natural gas or electricity.