Summary: CFTC continues to bring high-profile, large-penalty enforcement cases; begins bringing cases to enforce Dodd-Frank Act implementing regulations; and embarks on post-Dodd-Frank Act regulatory initiatives.
I. Introduction
2015 marked another active and record year for the Commodity Futures Trading Commission's (CFTC or Commission) enforcement program. The CFTC brought several high-profile cases under its new anti-manipulation authority and its new anti-spoofing authority. The Commission also set a new record for the largest fine collected in its history. In using its new anti-manipulation authority, the Commission began to set forth how it interprets the elements and scope of that authority and courts have begun to weigh in on these interpretations. We expect that the Commission will continue to aggressively use all of its enforcement authorities under the Commodity Exchange Act (CEA), including the new authorities added by the Dodd–Frank Wall Street Reform and Consumer Protection Act, and that the amount of civil penalties it seeks will continue to escalate.
2015 was Chairman Tim Massad's first full year leading the agency. Although there were few changes in the fundamental direction of the agency during 2015, the Commission for the first time has prioritized regulatory initiatives other than implementation of Dodd-Frank. These include proposed rules on automated trading and cybersecurity. The Commission also proposed amendments to swap data reporting requirements. We expect similar efforts to fine-tune certain Dodd-Frank rules to continue in the coming year.
Download 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.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.