U.S. Commodity Futures Trading Commission Issues New Guidance on Civil Penalties
Highlights
The U.S. Commodity Futures Trading Commission recently issued new guidance setting forth the factors it will consider when imposing civil monetary penalties in its enforcement actions
The guidance consists of three primary factors and several sub-factors, including the gravity of the respondent’s conduct, aggravating or mitigating circumstances, and the “total mix of remedies and monetary relief” imposed by criminal agencies or other civil regulators
Although “new” in the sense that the CFTC has not issued formal guidance on civil monetary penalties in over two decades, it seems unlikely that the guidance will significantly change how the CFTC approaches penalties
On May 20, the U.S. Commodity Futures Trading Commission (CFTC) issued new guidance addressing the factors the CFTC’s Division of Enforcement “will consider in recommending an appropriate civil monetary penalty to the Commission in an enforcement action, whether administrative or injunctive.”
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