ARTICLE
16 December 2016

CFTC Enforcement Review Tests ICE Futures U.S. Trade Practice Surveillance Program

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The CFTC Division of Market Oversight ("Division") released the results of a rule enforcement review of ICE Futures U.S., and found that with the exception of one deficiency, ICE has an adequate...
United States Finance and Banking

The CFTC Division of Market Oversight ("Division") released the results of a rule enforcement review of ICE Futures U.S. ("ICE"), and found that with the exception of one deficiency, ICE has an adequate trade practice surveillance program.

The review – which covered a one-year target period – evaluated ICE's compliance with the elements of Designated Contract Market Core Principles 2 ("Compliance with Rules") and 12 ("Protection of Markets and Market Participants"). The Division made recommendations to ICE to help improve its compliance program in the following three areas:

  • proactive reviews for trade practice violations;
  • ICE's automated trade surveillance system; and
  • trade practice investigations.

According to the report, ICE was deficient with respect to its compliance with CFTC Rule 38.158(b) ("Investigations and Investigation Reports"), which requires the completion of investigations in one year or less.

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