CFTC Enforcement Advisory Portends Higher Penalties, Admissions and Greater Use of Monitors

The CFTC Division of Enforcement (Division) recently released an enforcement advisory (Advisory) containing guidance for its staff on topics including penalty amounts; imposition of monitors or consultants; and required admissions of misconduct. By taking a tougher approach to certain resolutions, the Division seeks to ensure accountability and minimize future misconduct. This article examines the Advisory and associated statements by CFTC Director of Enforcement Ian McGinley and Commissioner Christy Goldsmith Romero, with commentary from former CFTC attorney Elizabeth Lan Davis, now a partner at Davis Wright Tremaine LLP. See “CFTC Enforcement Report Reflects Strong Focus on Digital Assets” (Dec. 22, 2022).

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