CFTC Self-Reporting, Cooperation, and Remediation Advisory: A Game-Changer

The CFTC recent issued an Enforcement Advisory that provides what market participants have sought for years: clear guidelines and concrete incentives for self-reporting, cooperation, and remediation. The Advisory contains a simple matrix that sets forth the presumptive discounts that a market participant would receive for self-reporting and cooperation, as well as detailed explanations of how market participants can make themselves eligible for those discounts. This advisory transforms how market participants should approach the decision of whether to report a potential violation to the Commission and how to defend a potential violation that is being investigated by the Commission.