On January 19, 2017, the US Commodity Futures Trading Commission's Division of Enforcement issued two new Enforcement Advisories outlining the factors the Enforcement Division will consider in evaluating cooperation by individuals and companies in the agency's investigations and enforcement actions.
The CFTC gives credit for cooperation in determining whether enforcement action is warranted, the nature of charges that should be brought and the appropriate level of sanctions to impose or seek. With the issuance of the recent advisories, the Enforcement Division aims to further incentivize individuals and companies to cooperate fully and truthfully in CFTC investigations and enforcement actions, including by providing high-quality cooperation, self-reporting to the Enforcement Division and providing early and material assistance to the Division.
The advisories complement the CFTC's Office of the Whistleblower and Whistleblower Program, which provide monetary incentives to individuals who report possible violations of the Commodity Exchange Act that lead to a successful enforcement action, as well as privacy, confidentiality and anti-retaliation protections for whistleblowers who share information with or assist the CFTC.
The advisories are available at: http://www.cftc.gov/idc/groups/public/@lrenforcementactions/documents/
legalpleading/enfadvisorycompanies011917.pdf and at: http://www.cftc.gov/idc/groups/public/@lrenforcementactions/documents/
legalpleading/enfadvisoryindividuals011917.pdf.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.