Takeaways From the CFTC’s First Whistleblower Interference Case

For more than a decade, the CFTC has been receiving tips from whistleblowers and awarding some of them millions and millions of dollars for successful enforcement actions resulting from their tips. Thus, it is no surprise that the CFTC has an incentive to protect whistleblowers. It is a surprise, however, that the CFTC only recently pursued its first whistleblower interference case. A June 17, 2024, order accuses a global commodities firm of engaging in insider trading, market manipulation and impeding possible whistleblower communications between its employees and government agencies through nondisclosure provisions in its employee agreements. “This is the first CFTC action charging a company under regulations designed to prevent interference with whistleblower communications,” said Brian Young, director of the CFTC’s Whistleblower Office, in the press release announcing the settlement of this case. “This groundbreaking action demonstrates the CFTC’s commitment to protecting potential whistleblowers and puts the market on notice that the CFTC will not tolerate contractual arrangements that could impede communication by potential witnesses.” This article summarizes the matter and the terms of the settlement, with commentary on the CFTC’s action in support of potential whistleblowers from Anne E. Beaumont, partner at Friedman Kaplan Seiler Adelman & Robbins LLP. See “SEC and CFTC Received Record Number of Whistleblower Tips and Made a Record Award in 2022” (Feb. 2, 2023); and “SEC and CFTC Whistleblower Awards Continue to Grow” (Jan. 17, 2019).

To read the full article

Continue reading your article with a HFLR subscription.