CFTC’s Demanding New Cooperation Guidelines For Companies And Individuals

On January 19, 2017, U.S. Commodity Futures Trading Commission Division of Enforcement issued two Enforcement Advisories setting forth the factors that the Division may consider in assessing cooperation by companies and individuals in the context of CFTC enforcement proceedings.

The Enforcement Advisories provide greater guidance on the Division’s view as to what constitutes effective cooperation by a company and/or an individual in a CFTC investigation and enforcement action.  This alert memorandum provides an overview of the new Enforcement Advisories, including a discussion of how they fit within the broader trend of enforcement authorities in the U.S. and abroad articulating demanding standards that a company must meet to gain credit for cooperation with an enforcement proceeding.