The Commodity Futures Trading Commission’s Division of Enforcement on May 20 issued new civil monetary penalty (CMP) guidance for the first time since publishing its penalty guidelines in 1994.
The guidance outlines factors the CFTC considers in recommending CMPs be imposed in enforcement actions. The update, summarized in the form of a memorandum from CFTC Enforcement Division Director James McDonald to his staff, memorializes existing practice within the Division and has been incorporated into the Division’s Enforcement Manual.
