Many developments on the enforcement front:
- New NAV for UTC traders.
- FERC complaint against Maxim challenged by motion to dismiss.
- New DOJ Guidance Puts Emphasis on Identifying Culpable Individuals in Corporate Internal Investigations.
Yesterday, Presiding Administrative Law Judge (ALJ) Carmen A. Cintron issued the Initial Decision in FERC’s enforcement case against BP. The decision finds that BP violated the Natural Gas Act and FERC’s anti-manipulation rule with regard to BP’s trading of next-day, fixed-price natural gas at the Houston Ship Channel (HSC) from September 18, 2008 through November 30, 2008.
Today, the U.S. District Judge presiding over the FERC v. Barclays case (Judge Nunley) issued an order requesting supplementary briefing in the case. This order appears to indicate the judge is amenable to accepting FERC’s view of proceedings before the court.
On Friday, July 31, FERC sued Powhatan, et al in the U.S. District Court for the Eastern District of Virginia – Richmond Division. The EDVA is one of the fastest courts in the federal system, typically averaging under 12 months from complaint to resolution (often by trial). This is the court and division in which U.S. prosecutors brought the corruption cases against former Virginia Gov. Bob McDonnell and his wife.