Skip to content
  • Home
  • About
  • Contact
  • Page
  • ​Master SEO Tactics
  • Top 9 Finance News Websites Ranking
wikifx

wikifx

  • Home
  • About
  • Contact
  • Page
  • ​Master SEO Tactics
  • Top 9 Finance News Websites Ranking
  • Toggle search form
  • Investments account for 6% of complaints received by AFCA in 2020-21 forex news
  • Travelex completes £35 million funding raise forex news
  • ESMA fines UnaVista for EMIR breaches forex news
  • CFTC charges Omerta Capital with fictitious trading forex news
  • IS Prime reports Revenues of £37.9 million and £10.1 million Operating Profit in 2021 forex news
  • BBVA takes its Quantitative Investment Strategies offer to South America forex news
  • FINRA imposes $200,000 fine on NYLIFE Securities forex news
  • Public.com partners with supermodel Iskra Lawrence to target women investors forex news

DOJ seeks to nix case brought by Forex Cartel trader

Posted on 2021-09-13 By admin No Comments on DOJ seeks to nix case brought by Forex Cartel trader

A lawsuit brought by Richard Usher, a former Forex trader known for his participation in the “Cartel” chatroom, continues at the District Of Columbia District Court. In this case, the trader accuses the Department of Justice (DOJ) of illegally preventing him from accessing and using documents from the criminal proceedings against him in another case.

The DOJ now insists that the lawsuit has to be dismissed due to mootness. On September 10, 2021, the DOJ filed a Notice of Suggestion of Mootness with the Court.

The document, seen by FX News Group, states that, because the proceedings for which the documents were supposed to be used were abandoned, the lawsuit against the DOJ should be nixed too.

Let’s recall that Richard Usher brought this action to challenge the DOJ’s denial of his request to use documents that the Department had previously produced pursuant to a protective order as part of criminal discovery.

Although the protective order prevented Usher from retaining the documents or using them in other proceedings, he requested that the Department allow him to use the documents in a civil enforcement action brought against Plaintiff by the Office of the Comptroller of the Currency (OCC). Plaintiff alleged that he needed to use the documents to defend himself in the OCC proceeding, and the administrative law judge overseeing the enforcement action issued a subpoena to the Department for some of the documents on that basis.

But after Usher filed his complaint in this action and moved to enforce the subpoena, the OCC withdrew all charges against him, with prejudice. And on July 8, 2021, the administrative law judge closed the OCC proceeding.

The case against the DOJ is therefore moot, the Department argues.

Usher has suggested that he may wish to use the documents in a potential future “post-dismissal” proceeding. If Plaintiff does decide to initiate some post-dismissal proceeding, he will of course be free to seek a subpoena for relevant documents at that time, the DOJ explains.

In January 2017, a grand jury indicted Usher and two other traders for their alleged roles in a conspiracy to manipulate the price of U.S. dollars and euros exchanged in the FX spot market. In connection with that criminal proceeding, Usher entered into a protective order providing that he could use documents disclosed by the government in discovery “only for the purposes of the defense of, and the pursuit of any appeals in, this criminal action.”

The protective order further provided that any documents disclosed to Plaintiff “[s]hall be returned to the Government or destroyed following the conclusion of this case . . . , together with any and all copies thereof.”

In October 2018, a jury acquitted Usher of the criminal charges against him. Because his criminal case had concluded, he was required to “return” or “destroy” all documents that the government had produced to him in discovery, “together with any and all copies thereof.” Instead, in violation of the express terms of the protective order, Usher retained the documents.

On March 11, 2021, Usher filed this lawsuit against the Department, seeking to require the Department to allow Plaintiff to use the complete set of criminal discovery in the OCC enforcement action.

Shortly after he filed his motion for summary judgment, on July 7, 2021, the OCC withdrew all charges against Usher, with prejudice. Plaintiff informed the administrative law judge that he may wish to file a motion to modify the protective order in the OCC matter and “some other form of post-dismissal relief.”

The DOJ explains that more than two months have now passed since the OCC dismissed its charge, and Usher has not filed anything before the Comptroller or amended his complaint in this case.

Defendants now suggest that this case is moot and should be dismissed.

Let’s note that, on September 10, 2021, the Commodity Futures Trading Commission (CFTC) filed a notice of mootness with the Court too. Usher is suing the regulator on similar grounds as he is suing the DOJ.

forex news Tags:forex-news

Post navigation

Previous Post: CMC Markets’ Sarah Ing to assume role of Alternate Director of Gresham House
Next Post: FINRA fines SogoTrade for lack of Securities Trader registration of two APs

Related Posts

  • Founders of crypto firm Dropil agree to plead guilty to fraud forex news
  • INFINOX adds MT5 to its social trading platform IX Social forex news
  • Aquis Exchange appoints Glenn Collinson as Chair forex news
  • AximTrade Review 2022: Pros and Cons forex news
  • Beeks acquires new premises for company headquarters forex news
  • BDSwiss hires BlackBull and City Index alum Sophie Squillacioti as Head of Asia forex news

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recent Posts

  • EUR/USD Holds Near 1.05 as Fed, ECB Policies Shape Market Sentiment
  • Gold Prices Hold Steady Amid Global Economic Uncertainty
  • Australian Dollar: How RBA Policies, Commodity Prices, and Global Tensions Are Shaping the AUD’s Market Performance
  • EUR/USD: Understanding the Currency Pair’s Trends
  • USD Under Pressure: Navigating Economic Data and Global Uncertainties

TAG

Axiory Review 2022 B2B B2Broker News Basic Forex Knowledge broker brokers brokers in the UK Brokersview Broker tools CFDs coin News cryptocurrency Cryptocurrency News Crypto News dogecoin FCA news finance forex forex-news Forex Broker Forex Brokers Forex Demo Account Forex market forex news forex scams forex time Forex trading fx fxtrader fxtrading Global Forex Gold Analysis HotForex InstaForex LiteForex Review 2022 markets work MT4 MT5 news OctaFX Review Samtrade FX South Africa trade Forex traders Trading Forex
  • Sentencing of OneCoin leader Konstantin Ignatov delayed until May 2022 forex news
  • Wise names Clare Gilmartin Chair of Remuneration Committee forex news
  • FINRA suspends ex-Merrill Lynch trader for facilitating spoofing forex news
  • FCA consults on rule changes related to its new cancellation and variation power forex news
  • “Short squeeze” lawsuit plaintiffs slam Robinhood, Citadel Securities for PFOF forex news
  • Dukascopy adds 10 cryptocurrency pairs to offering forex news
  • CFTC pushes for entry of default against fraudulent FX scheme GDLogix forex news
  • Your Bourse releases FIX API solutions for MT4 and MT5 brokers forex news

Copyright © 2025 wikifx.

Powered by PressBook News WordPress theme