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Federal commodities fraud investigations are high-stakes, aggressive, and technically dense. Because the commodities markets, ranging from energy and precious metals to agricultural products, are essential to the global economy, the federal government devotes massive resources to policing them. A conviction can lead to decades in federal prison, millions in fines, and the total forfeiture of your assets.
At Lowther | Walker, we provide a sophisticated defense for traders, brokers, and firms facing allegations under the Commodity Exchange Act (CEA). Our attorneys, Joshua Sabert Lowther, Esq., and Murdoch Walker, II, Esq., combine deep legal knowledge with forensic precision to challenge the Department of Justice (DOJ) and the Commodity Futures Trading Commission (CFTC).
Explore your defense options, backed by over 20 years of defending commodities cases in the federal courts.
No-obligation. Fully confidential.
Call Us Today: (404) 496-4052
At Lowther Walker, we provide best-in-class federal defense for individuals and corporations facing high-stakes commodities and white-collar fraud investigations. With over 30 years of practice, our attorneys are nationally recognized for delivering sophisticated, strategic counsel in judicial districts across all 50 states. We specialize in early intervention, engaging with federal authorities before charges are filed to protect your reputation and your future.
Our lawyers’ dedicated experience in federal courtrooms across the country assures battle-tested defense for clients nationwide. We manage every stage of the legal process, from pre-indictment negotiations and complex trials to high-stakes appeals. ensuring you have a seasoned advocate who understands the nuances of the federal judiciary in fraud cases.
We are widely regarded as a premier choice for white-collar defense, earning our reputation through successful outcomes in high-profile securities and market manipulation cases. By leveraging a strategic network of former federal agents, we provide a level of legal excellence that is respected by prosecutors and judges alike from coast to coast.
Our team has extensive experience navigating aggressive investigations led by the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and the Commodity Futures Trading Commission (CFTC). We take a proactive approach by communicating directly with federal investigators to challenge evidence and limit our clients’ exposure to the full weight of the federal government.
HHS-OIG and FBI investigated our client, the former director of a national laboratory, for Health Care Fraud and Money Laundering based on the client’s allegedly participating in a scheme to defraud Medicare of approximately $100 […]
The USDA-OIG investigated our client, a public official, for Bank Fraud, Wire Fraud, Mail Fraud, and Money Laundering based on the client’s allegedly conspiring to obtain over $1 million in pandemic subsidies and loans. Despite […]
Investigation terminated; no prosecution. DOJ notified our client that she was the target of a multi-million-dollar public corruption, money-laundering, and tax-fraud investigation that FBI and IRS-CI were conducting. The client’s former atto rney had arranged […]
The FDIC-OIG, the HUD-OIG, and the FHFA-OIG investigated our client, a real-estate broker, for Mail Fraud, Wire Fraud, and Bank Fraud, based on the client’s allegedly conspiring to obtain $1.7 million in fraudulent mortgage loans […]
The HSI and the FBI investigated our client, a member of the activist collective Anonymous, for Computer Fraud, based on the client’s allegedly participating in a distributed denial of service (“DDOS”) attack on a corporate […]
The US Secret Service investigated our client for Wire Fraud, Theft, and Embezzlement, based on the client’s allegedly diverting over $100,000 from the client’s employer’s business bank accounts to the client’s personal bank account. We […]
HHS-OIG and FBI investigated our client, the former director of a national laboratory, for Health Care Fraud and Money Laundering based on the client’s allegedly participating in a scheme to defraud Medicare of approximately $100 […]
The USDA-OIG investigated our client, a public official, for Bank Fraud, Wire Fraud, Mail Fraud, and Money Laundering based on the client’s allegedly conspiring to obtain over $1 million in pandemic subsidies and loans. Despite […]
Investigation terminated; no prosecution. DOJ notified our client that she was the target of a multi-million-dollar public corruption, money-laundering, and tax-fraud investigation that FBI and IRS-CI were conducting. The client’s former atto rney had arranged […]
The FDIC-OIG, the HUD-OIG, and the FHFA-OIG investigated our client, a real-estate broker, for Mail Fraud, Wire Fraud, and Bank Fraud, based on the client’s allegedly conspiring to obtain $1.7 million in fraudulent mortgage loans […]
The HSI and the FBI investigated our client, a member of the activist collective Anonymous, for Computer Fraud, based on the client’s allegedly participating in a distributed denial of service (“DDOS”) attack on a corporate […]
The US Secret Service investigated our client for Wire Fraud, Theft, and Embezzlement, based on the client’s allegedly diverting over $100,000 from the client’s employer’s business bank accounts to the client’s personal bank account. We […]
A commodity is a basic good used in commerce that is interchangeable with others of the same type, such as crude oil, gold, wheat, or Bitcoin. Fraud occurs when deceptive practices are used to manipulate the market or defraud participants in the trading of these goods or their related futures and options.
Common federal commodities charges include:
The federal government often relies on complex data analytics to “infer” intent. Our role as commodities fraud defense attorneys is to dismantle that narrative by providing a legitimate context for your trading activity.
To convict you of fraud, the government must prove you intended to deceive. We work to show that your actions were the result of legitimate hedging strategies, technical glitches, or routine market maneuvers.
Not every error is a crime. We argue that alleged misrepresentations were not “material”, which means they would not have influenced a reasonable investor’s decision.
We utilize independent financial experts to reconstruct trading logs and prove that your activity was consistent with bona fide market participation rather than a manipulative scheme.
We scrutinize every step of the CFTC or DOJ investigation, every document, moving to suppress evidence obtained through overbroad subpoenas or illegal seizures.
The penalties for violating the Commodity Exchange Act and related federal statutes are among the harshest in the white-collar world.
| Charge | Potential Prison Time | Potential Fines |
| Commodities Fraud | Up to 25 Years | Up to $1,000,000 |
| Market Manipulation | Up to 10 Years | Up to $1,000,000 (per violation) |
| Spoofing | Up to 10 Years | Up to $1,000,000 |
| Wire Fraud (Related) | Up to 20 Years | Up to $250,000 |
Lowther | Walker travels the country representing clients in federal courts in commodities defense cases. If you’re facing an investigation by the CFTC or DOJ, contact our attorneys urgently before taking the next step. We offer 24/7 federal defense services and access to lead attorneys within minutes.
No-obligation. Fully confidential.
Call Us Today: (404) 496-4052
In federal money laundering charges related to commodities, the SUA is the underlying fraud (like wire fraud or a CEA violation). The government must prove the money being “laundered” actually came from this specific illegal activity.
The CFTC is a civil regulatory agency; it can only sue you for money, bans, and restitution. However, the CFTC frequently works in “parallel” with the DOJ. If the CFTC believes your conduct was “willful,” they will refer the case for criminal prosecution, which can result in prison time.
They look for patterns. If you consistently place large orders and cancel them within milliseconds of a smaller “genuine” order being filled on the opposite side, they will argue this is evidence of a scheme. Our defense focuses on the “bona fide” nature of those canceled orders, such as changing market conditions.
Do not produce documents or sit for a “voluntary” interview without counsel. Information provided to the CFTC in a civil capacity can and will be shared with the DOJ for a criminal indictment.
Yes. The CFTC and federal courts have repeatedly affirmed that virtual currencies like Bitcoin and Ethereum are “commodities” under the CEA. If you are involved in a crypto-based “rug pull” or price manipulation, you face the same federal exposure as a traditional oil or gold trader.
No. Our advice is always: Politely decline to speak and contact us immediately. We serve as your shield, handling all communications so you don’t have to. Federal agents are trained to gather admissions that can be used against you later; there is no such thing as an “off-the-record” conversation. Even if you have done nothing wrong, a small inconsistency in your memory can be characterized as a “false statement to a federal agent” (18 U.S.C. § 1001), which is a felony.
es, and this is where early intervention is most effective. For corporations and high-level individuals, we often negotiate for a Deferred Prosecution Agreement (DPA) or a Non-Prosecution Agreement (NPA). These allow you to avoid a criminal conviction and the resulting “death penalty” for your career or business by agreeing to specific compliance reforms and financial penalties. We leverage our 30+ years of experience to show the government that a settlement is a more productive outcome than a lengthy, public trial.
The government often uses freeze orders or Mareva injunctions to seize assets they believe are proceeds of fraud. We act immediately to challenge the scope of these seizures. By demonstrating that certain assets are untainted or necessary for your legal defense and living expenses, we fight to maintain your financial liquidity. Protecting your resources is essential to ensuring you have the means to mount a robust, long-term defense.
You must be extremely cautious; the company’s lawyers represent the corporation’s interests, not yours. If they provide an Upjohn Warning, they are explicitly telling you that the attorney-client privilege belongs to the company, and they can and often will hand your statements over to the DOJ or CFTC to secure leniency for the firm. We often negotiate for “separate counsel” status, ensuring that you have your own protected representation while navigating internal corporate inquiries.
A proffer session (or “Queen for a Day” agreement) is a meeting where you provide information to the government in exchange for an agreement that they won’t use those specific statements against you in their direct case. While it can be a path to a non-prosecution agreement, it is inherently risky. Speak to a fraud defense attorney before sitting down for a meeting with the government prosecutors.
