Jonathan Cogan Joins Panel on Defending Parallel Criminal and Civil Enforcement Actions
January 26, 2021
Kobre & Kim’s Jonathan Cogan will discuss strategies for navigating parallel criminal and civil investigations and actions in the commodities futures markets, including those involving alleged spoofing and market manipulation, at the American Bar Association Derivatives & Futures Law Committee Virtual Winter Meeting on Thursday, January 28, 2021.
This panel, the second installment of the “Enforcement Developments” series, will be moderated by Kathleen McArthur of Sullivan & Cromwell and will also feature Neel Chopra of the Commodity Futures Trading Commission, Elizabeth Davis of Murphy & McGonigle, Frances Mendieta of Intercontinental Exchange and Charles Mills of Steptoe & Johnson. Together with Mr. Cogan, the panel will discuss issues that arise in commodities futures enforcement investigations, including unique issues that arise in trade data-driven investigations, when to anticipate a referral to the U.S. Department of Justice, and the Fifth Amendment and Connolly issues.
Mr. Cogan will also address mens rea for both criminal and civil liability, inferring trader intent from data and the implications of saying “no” to testifying in trade conduct cases.