Request for the Production of the E-mail of CFTC Chairman Gensler (with Lofchie Comment)

As reported in the Cadwalader Cabinet newsletter May 21, 2013, the CFTC Inspector General had issued a report (the "CFTC Report") regarding the handling of the investigation of the failure of MF Global by CFTC Commissioner Gensler. Among other criticisms, the report noted that the CFTC Chairman had not followed the ordinary governmental procedures when sending and receiving work-related email. However, while noting the divergence from procedures, the CFTC Report stated that the Inspector General had not conducted a review of the Chairman's e-mails other than those relating directly to MF Global.

Representative Issa has now sent a follow-up letter to the CFTC Chairman in which he quotes the CFTC Report to say that the "use of personal email to conduct official federal business can also involve other alleged wrongdoing, such as secret policy making, concealment of improper communications and other potential misconduct." The letter then goes on to request copies of all business-related emails that CFTC Chairman Gensler sent from non-government email accounts over the past three-and-a-half years.

Lofchie Comment: The report states that over 7,000 emails were sent from non-governmental accounts just in relation to MF Global, so the total number of emails to be reviewed is likely to be very high. Accordingly, a full review of emails over the requested time period is likely to be an extensive process.

Link here to view the request letter of Representative Issa.