@ron.....I would speculate that the buyer, as well as the seller of a derivative contract would have a clause against fraud... If you remember, Standard and Poor, and Moodys were rating MBS with AAA ratings on many of the Tranches which were really risky, but were sold to public buyers all over the world....The Seller of this contract might have been aware of this, but sold them to the unsuspecting buyer anyway.... then, with the collapse of the financial markets, the SELLERS would have reaped a fortune...However, the BUYER could just "walk away from the contract as being fraudulent"....This happened to me in 2008, when I Sold a put on Bank America, not knowing that they were the Buyers of that Put...BA committed fraud on me because they knew the market was going to tank when Paulsen held that "Moscow meeting" in Russia, some months before the collapse of the financial markets... of course, I "ate those PUT contracts", but I could not "walk" away from them because BA was never accused of fraud at the time. and those contracts were regulated by the CBOE....my point?... probably there were clauses in those derivative contracts which would preclude the Seller from collecting if fraud was committed..... AIMO.... Lodas