Three Former Natural Gas Traders Sentenced In Fraud Case
December 17 2009 - 7:55PM
Dow Jones News
A former head of natural gas trading and two natural gas traders
for El Paso Corp. (EP) were sentenced to lengthy terms by a U.S.
federal court in Texas on Thursday for fraud in attempts to
influence the price of the commodity.
U.S. District Judge Melinda Harmon sentenced James Brooks,
former managing director of North American natural gas sales for El
Paso Merchant Energy, to 14 years in prison, followed by a
three-year term of supervised release, according to a statement by
the U.S. Attorney's Office for the Southern District of Texas.
Brooks, 50, was also ordered to pay a $5,000 fine.
Former natural gas traders Wesley Walton and James Phillips were
sentenced to 11 years and two months each. Walton, 47, and
Phillips, 50, also each will be subject to a three-year supervised
release and a $7,500 fine.
The defendants were convicted of conspiracy, false reporting and
wire fraud after participating in the submission of misleading
figures to energy-industry publications in order to sway the
natural gas market in their favor.
The stiff sentences are a big win for prosecutors and indirectly
for civil enforcement attorneys at the Commodity Futures Trading
Commission. They worked in tandem to bring a series of cases over
the past few years--with mixed results-- against traders whom they
alleged planted false information with price-reporting services in
order to aid their trading positions. The long prison terms provide
the authorities with a much greater deterrent against unlawful
behavior in the future as well as a bargaining chip in future
investigations when they seek traders' cooperation.
Brooks received a "particularly hard punishment," based on the
large size of the perceived loss, said his lawyer, Wendell Odom.
The loss figure is a "highly speculative figure," he added.
Odom said that there will be an appeal, but "it will take a
while."
James Phillips' attorney, David Adler, said in an email that his
client "will appeal the conviction and the sentence."
Walton's attorney couldn't be reached for comment.
The defendants remain free on bond while awaiting an order to
surrender to a Bureau of Prisons facility, the U.S. Attorney's
Office said.
-By Angel Gonzalez, Dow Jones Newswires; and Ann Davis, The Wall
Street Journal; 713-547-9214; angel.gonzalez@dowjones.com
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