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ARTICLE · 16 SEPTEMBER 2020

CFTC Division Of Enforcement Releases Guidance On Evaluating Compliance Programs

Cleary Gottlieb Steen & Hamilton LLP
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On September 10, 2020, the Division of Enforcement ("Division") of the Commodity Futures Trading Commission ("CFTC") released guidance ("CFTC Guidance") outlining factors the Division will consider...

United StatesFinance and Banking
Joon H. Kim
Joon H. Kim
Colin D. Lloyd
Colin D. Lloyd
Breon S. Peace
Breon S. Peace
Jennifer Kennedy Park
Jennifer Kennedy Park
Rachel Lerner
Rachel Lerner

On September 10, 2020, the Division of Enforcement ("Division") of the Commodity Futures Trading Commission ("CFTC") released guidance ("CFTC Guidance") outlining factors the Division will consider when evaluating compliance programs in connection with enforcement actions.1

The CFTC Guidance ties into guidance released by the Division in May directing staff to consider an entity's compliance program when recommending a penalty or other resolution as part of an enforcement action.2 

Specifically, the CFTC Guidance states that the Division will focus on evaluating the reasonableness of the entity's compliance program in achieving three goals: prevention, detection, and remediation.3

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