Within a week of the ceremonial swearing in of its last
commissioner,1 the now fully formed Commodity Futures
Trading Commission2 (Commission or CFTC) issued 17
enforcement orders and filed one complaint.3 These
initial enforcement actions were brought against a wide range of
market participants and address four broad areas: (1) fraud and
manipulation; (2) record-keeping and supervision; (3) reporting;
and (4) registration. Significantly, continuing a trend started
last year,4 in all four areas, the Commission
highlighted the importance of cooperation.
I. Fraud and Manipulation
On September 14, 2018, the CFTC's Division of Enforcement
(Division), under Director James McDonald, filed a civil
enforcement action in the U.S. District Court for the Southern
District of New York against an unregistered dealer and one of its
owners. The complaint alleged that the defendants defrauded retail
clients in connection with precious metals transactions,
fraudulently obtaining