By
Kyle Brasseur2024-04-11T20:32:00
Earning self-reporting credit from the Commodity Futures Trading Commission (CFTC) is no simple task, the agency’s enforcement director conceded.
Voluntary self-disclosure is only the first step, Ian McGinley reminded an audience of legal experts during a keynote address delivered at an industry event Thursday. From there, a firm must cooperate and remediate as well for the chance to earn full credit from the agency.
“Self-reporting, cooperation, and remediation implicate the importance of trust in these negotiations, which is a two-way street—the regulator’s reliance on the entity to be truthful and fully cooperative and the entity’s reliance on the regulator to account for the self-report in good faith,” he said.
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2025-06-17T15:17:00Z By Adrianne Appel
The Criminal Division of the Department of Justice, continuing its aggressive, pro-business stance, has revamped key, white-collar crime enforcement policies, including clarifying fine reductions in its self-disclosure program and curbing its use of monitorships.
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The CFTC issued new guidance for firms seeking to self-report misconduct, accompanied by a “mitigation credit index” that details how “exemplary” cooperation and remediation can knock up to 55 percent off the final penalty. The agency is the first enforcement agency to issue self-reporting guidance under President Donald Trump.
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The Department of Justice launched a new pilot program that encourages voluntary self-disclosure by corporate executives who are themselves involved in financial misconduct, with the incentive of a nonprosecution agreement for those who help an agency investigation.
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The U.S. Securities and Exchange Commission’s Mark Uyeda told an audience of investment advisers that the SEC will no longer prioritize stand-alone enforcement actions for violations of the SEC’s rules on off-channel communications.
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Adobe agreed to a $150 million settlement with the U.S. Department of Justice over accusations that it concealed software termination fees and made it difficult for customers to cancel.
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New powers granted to the U.K.’s main competition watchdog will result in greater scrutiny, tougher enforcement, and a stark warning for companies to review their sales and marketing promotions—especially since some practices have been pushed firmly into the spotlight thanks to legislation that came into effect last year.
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