Market manipulation investigations and sanctions




The US Justice Department and the Commodity Futures Trading Commission filed charges against BP Products North America Inc. (subsidiary of BP plc) and several BP traders, alleging they conspired to raise the price of propane by seeking to corner the propane market in 2004. In 2006, one former trader pleaded guilty. In 2007, BP paid $303 million in restitution and fines as part of an agreement to defer prosecution. BP was charged with cornering and manipulating the price of TET propane in 2003 and 2004. BP paid a $125 million civil monetary penalty to the CFTC, established a compliance and ethics program, and installed a monitor to oversee BP's trading activities in the commodities markets. BP also paid $53 million into a restitution fund for victims, a $100 million criminal penalty, plus $25 million into a consumer fraud fund, as well as other payments. Also in 2007, four other former traders were charged. These charges were dismissed by a US District Court in 2009 on the grounds that the transactions were exempt under the Commodities Exchange Act because they didn't occur in a marketplace but were negotiated contracts among sophisticated companies. The dismissal was upheld by the Court of Appeals for the 5th Circuit in 2011.

In November 2010, US regulators FERC and CFTC began an investigation of BP for allegedly manipulating the gas market. The investigation relates to trading activity that occurred in October and November 2008. At that time, CFTC Enforcement staff provided BP with a notice of intent to recommend charges of attempted market manipulation in violation of the Commodity Exchange Act. BP denied that it engaged in "any inappropriate or unlawful activity." In July 2011, the FERC staff issued a "Notice of Alleged Violations" saying it had preliminarily determined that several BP entities fraudulently traded physical natural gas in the Houston Ship Channel and Katy markets and trading points to increase the value of their financial swing spread positions.

In May 2013, the European Commission started an investigation into allegations the companies reported distorted prices to the price reporting agency Platts, in order to "manipulate the published prices" for several oil and biofuel products. The investigation was dropped in December 2015 due to lack of evidence.

Documents from a 2016 bid to drill in the Great Australian Bight revealed claims by BP that a large-scale cleanup operation following a massive oil spill would bring a "welcome boost to local economies." In the same bid BP also stated that a diesel spill would be "socially acceptable" due to a lack of "unresolved stakeholder concerns."

An internal email from mid 2017 was leaked in April 2018 in New Zealand. The email laid out that pricing was to be raised at certain sites in a region around Otaki in order to regain volume lost at that branch. This led to the Government asking the Commerce Commission to investigate regional prices: initial indications were that motorists were paying too much across most of the country.

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