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Media Mentions | 11.08.24

Richard Hong Discusses Stifel’s Decision to Reject CFTC Settlement in Law360

Partner Richard Hong was quoted in a Law360 article entitled “Stifel Balks at CFTC Offer to Settle Text Messaging Case.” The article discussed Stifel Financial Corp.’s decision to reject the U.S. Commodity Futures Trading Commission’s (CFTC) offer to settle claims related to off-channel communications use. The investment bank, which was also under scrutiny by the U.S. Securities and Exchange Commission, previously settled with the regulator for $35 million.

Richard, a former prosecutor and SEC trial lawyer, said Stifel likely rejected the CFTC's settlement offer over the size of the requested penalty, which may have been greater than the SEC's fine or greater than the amount already reserved. He explained that a looming election can sometimes weigh on settlement discussions when companies are facing enforcement. “Generally, the second Trump administration is going to be much more business friendly and less regulatory, so kicking it down the road to see what happens is probably not a bad idea from a defense standpoint,” Richard said.

Richard said that while he does not know the factors involved in Stifel’s decision to reject the CFTC settlement, given that off-channel communications cases have been controversial within the industry, he expects they will become a “relic of the past” in the next Trump administration.

Law360 subscribers may read the full article here.

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