CFTC enforcement trends in 2017 and considerations for 2018

Abstract

PurposeThis paper aims to discuss the types of cases that were brought by the Commodity Futures Trading Commission (CFTC) in 2017 and what to expect in 2018.Design/methodology/approachThis paper discusses the overall statistics regarding enforcement actions brought by the CFTC, as well as the amount of restitution, disgorgement and penalties collected in 2017. These statistics are contrasted with the same statistics from 2016. This paper also discusses the types of enforcement actions brought by the CFTC in 2017 and identifies and analyzes trends. The analysis also includes a discussion of what to expect in 2018.FindingsThis paper concludes that 2017 was a year filled with personnel changes and vacancies at the CFTC, which resulted in no major policymaking cases being brought by the CFTC. This paper also finds that the CFTC is focused on actively monitoring the markets, and will continue to pursue actions involving reporting violations, fraud, manipulation, cryptocurrencies, and disruptive trade practices while rewarding parties for self-reporting and cooperation.Originality/valueThis paper contains valuable information from experienced lawyers regarding personnel changes at the CFTC, recent trends in CFTC enforcement activity and what to expect in 2018.