Court denies summary judgment, excludes certain expert testimony and sets trial date in the CFTC’s case against DRW and Wilson

On September 30, Judge Analisa Torres of the U.S. District Court for the Southern District of New York issued an order denying motions for summary judgment, and partially granting motions to exclude certain testimony in the CFTC’s enforcement action against defendants DRW Investments, LLC and Donald R. Wilson for alleged manipulation and attempted manipulation of the price of certain futures contracts on interest rate swaps.  With respect to the CFTC’s market manipulation claims, Judge Torres found that CFTC must prove the defendants had the specific intent to affect market prices that did not reflect the legitimate forces of supply and demand.  In doing so, Judge Torres rejected the CFTC’s interpretation that the intent standard is merely the intent to affect market price.  In addition, Judge Torres granted in part, and denied in part, each party’s motions to exclude certain expert testimony.

After this ruling, the case was reassigned to Judge Richard J. Sullivan.  On October 7, Judge Sullivan issued an order setting the case for jury trial to begin on December 1, and instructed the parties to submit a joint proposed pretrial order.