On April 17, 2025, three operating divisions (the “Operating Divisions”) of the U.S. Commodity Futures Trading Commission (“CFTC”) and the Division of Enforcement (“DOE”) provided guidance in CFTC Letter 25-13 (the...more
4/29/2025
/ CFTC ,
Disclosure Requirements ,
Enforcement Actions ,
Financial Crimes ,
Materiality ,
New Guidance ,
Penalties ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
Self-Reporting
The Advisory sets out factors that the Enforcement Division will use to rate self-reporting and cooperation. This rating places a company or individual within a “tier” used to determine the Mitigation Credit amount available....more
As election season peaks, derivatives trading platforms are listing “election contracts,” which enable purchasers to bet fiat and crypto on the outcome of U.S. presidential and other elections. Election contracts are a type...more
On August 1, 2024, Deputy Attorney General Lisa Monaco announced the launch of DOJ’s Corporate Whistleblower Awards Pilot Program (Pilot Program). The Pilot Program, previewed by Monaco in March 2024, provides another avenue...more
8/7/2024
/ BSA/AML ,
CFTC ,
Corruption ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
FinCEN ,
Healthcare Fraud ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
On March 7, 2024, during her keynote remarks at the American Bar Association’s 39th National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco announced a new Department of Justice (DOJ) Criminal Division...more
3/19/2024
/ Asset Recovery ,
CFTC ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Money Laundering ,
Non-Prosecution Agreements ,
Pilot Programs ,
Self-Reporting ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
On October 17, 2023, during a speech at the Program on Corporate Compliance and Enforcement held at the New York University School of Law, the Commodity Futures Trading Commission (CFTC) Director of Enforcement, Ian McGinley,...more
Overall cryptocurrency crime levels are down, according to a report from Chainalysis reviewing crypto crime trends, but this past year has still seen certain categories of crypto crime, such as ransomware, continue to...more
On May 24, 2023, Edward A. Imperatore, a partner in Morrison Foerster’s Investigations + White-Collar Defense group and former Assistant U.S. Attorney for the Southern District of New York, moderated a panel, entitled “Market...more
Deputy Attorney General (DAG) Lisa Monaco’s September 15, 2022, memorandum on revisions to the Department of Justice’s (DOJ) Corporate Enforcement Policies (the Monaco Memo) reflects that preservation of business...more
12/12/2022
/ Bring Your Own Device (BYOD) ,
CFTC ,
Commercial Electronic Messages ,
Compliance ,
Corporate Governance ,
Data Collection ,
Data Management ,
Department of Justice (DOJ) ,
Electronically Stored Information ,
Foreign Corrupt Practices Act (FCPA) ,
Securities and Exchange Commission (SEC) ,
Third-Party
The U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have recently intensified their scrutiny of insider trading under Rule 10b5-1 trading plans. The emerging trend of enforcement investigations...more
11/9/2022
/ CFTC ,
Chief Technology Officer (CTO) ,
Cooling-Off Rule ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Insider Trading ,
MNPI ,
Proposed Amendments ,
Rule 10b-5 ,
Securities and Exchange Commission (SEC)
On August 9, 2022, in CFTC v. EOX Holdings LLC, the first insider trading trial in a Commodity Futures Trading Commission (CFTC) enforcement action, a jury in the U.S. District Court for the Southern District of Texas found...more
The Commodities Futures Trading Commission (CFTC) and the National Futures Association (NFA) have outlined a broad enforcement agenda that aims to address recent commodities marketplace trends....more