In yesterday's newsletter, we identified two CFTC Advisories as newly updated guidance on cooperation that can affect civil monetary penalties in enforcement actions. The updates are current, but they are not new.
News & Insights
The CFTC Division of Enforcement issued guidance as to the standard by which it assesses a firm's level of cooperation with enforcement investigations.
A dually registered broker-dealer/investment adviser agreed to pay $18 million for violating the whistleblower protections rule by requiring that clients sign release forms prior to receiving settlements.
The CFTC reported enforcement results for Fiscal Year 2023. The agency highlighted a "record-setting" number of digital asset cases, actions to hold registrants to their regulatory obligations, actions concerning manipulation and spoofing and precedent-setting court decisions in complex litigations.
SEC Commissioner Mark T. Uyeda highlighted current regulatory challenges concerning (i) the definition of "dealer" under the Exchange Act, (ii) the lack of guidance over cryptocurrencies and (iii) the handling of off-channel communications by broker-dealers.