On January 19, 2017, the Division of Enforcement of the Commodity Futures Trading Commission (“CFTC”) issued two advisories outlining cooperation factors that the Division will consider in resolving agency investigations and enforcement actions concerning companies and individuals. The guidance as to companies is intended to update and replace the CFTC’s prior guidance that was last updated 10 years ago. The guidance as to individuals is new. Fulsome cooperation can potentially lead to a recommendation of reduction in charges or proposed sanctions, or in some cases to a recommendation of no charge at all. As the Enforcement Division has made clear, however, the decision is entirely discretionary and can vary from case to case.
In this client alert, RK&O partner Shari Brandt examines the revised cooperation guidance for companies, including the positive and negative cooperation factors and how the guidance might be applied.
To read the full client alert, please click here.