On January 19, the Commodity Futures Trading Commission Division of Enforcement (“Division”) issued two new Enforcement Advisories outlining the factors the Division will consider in evaluating cooperation by individuals and companies in the Division’s investigations and enforcement actions. The advisory regarding companies updates an advisory last issued in 2007; the advisory regarding individuals is new. The advisories describe the factors that the Division may consider, on a discretionary basis, when determining whether a company has cooperated, the quality of that cooperation and what credit, if any, should be awarded for such cooperation. Among other factors, the Division considers whether individuals and companies are truthful and fully cooperate in Division investigations and enforcement actions, including by self-reporting and providing early and material assistance to the Division.
For more information on the advisories, click here.