CFTC Imposes $200,000 Fine on Asset Risk Management, LLC for Failing to Register as Swap Execution Facility

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The Commodity Futures Trading Commission yesterday issued an order simultaneously filing and settling charges against Asset Risk Management, LLC (ARM), a registered Commodity Trading Advisor headquartered in Houston, Texas, for failing to register as a swap execution facility (SEF). The order requires ARM to pay a $200,000 civil monetary penalty and to cease and desist from any further violations of the Commodity Exchange Act (CEA) and CFTC regulations, as charged.

The order finds that from approximately September 2017, ARM operated an unregistered SEF that provided clients the ability to execute swaps by accepting bids and offers made by multiple participants on a trading system or platform in various swap tenors and volumes. To communicate with clients and counterparties and execute the swaps, ARM used various means of interstate commerce including phone, instant messaging, and email.

During the relevant period, ARM often recommended that clients execute swap transactions in which the underlying commodity was natural gas, natural gas liquids, or crude oil. In a typical swap transaction, ARM received a request for swap pricing from a client and then submitted the pricing request (and sometimes other terms) to counterparties with whom the relevant client had an ISDA agreement. After potential swap counterparties responded to ARM with a proposed price, ARM, if authorized by the client, would approve or reject a price based on the client's pre-approved threshold, including by communicating "done" via chat or email. ARM would then separately confirm the swap execution with the client. If ARM did not have authority to execute the swap on behalf of the client, ARM would typically join the client on a phone call with the relevant counterparty, during which ARM's client would agree to the terms.