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Second Circuit Gives U.S. Broad Jurisdiction Under Commodities Exchange Act
“United States law governs domestically but does not rule the world,” according to the Supreme Court. RJR Nabisco, Inc. v. European Cmty., 579 U.S. 325, 335 (2016). The reality will often feel quite different for foreign participants in the financial markets who happen to draw the attention of U.S. prosecutors.
In United States v. Phillips,—F.4th—, 2025 WL 2528201 (2d Cir. Sept. 3, 2025), a “first of its kind” prosecution, a panel of the Court of Appeals for the Second Circuit interpreted the Commodities Exchange Act (CEA) to permit broad U.S. jurisdiction over manipulation of the derivatives markets carried out overseas.
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