Enforcement Round-Up -
With the longest government shutdown on record taking up nearly half of the month and Acting Chair Pham waiting to pass the baton to Mike Selig (who is quickly progressing through the confirmation...more
12/1/2025
/ CFTC ,
Civil Monetary Penalty ,
Commodity Exchange Act (CEA) ,
Commodity Pool ,
Derivatives ,
Enforcement Actions ,
Fraud ,
IOSCO ,
New Guidance ,
No-Action Letters ,
Swaps
On November 3, 2025, IOSCO released its anticipated Pre-Hedging Final Report (“Final Report”) detailing its assessment of current pre-hedging market practices and setting out recommended guidance for International...more
In keeping with the theme of things during the U.S. government shutdown, this month’s edition of The Desk does not follow our traditional order. Instead of launching into our Enforcement Round-Up first, we begin with the...more
Happy October, the CFTC kept us very busy in September. Nonetheless, it’s time to plan your Halloween costume (unless like me, your children have already decided that for you). Options are Ghost of PTMMM (roams the halls...more
10/1/2025
/ Business Conduct Standards ,
CFTC ,
Commodity Exchange Act (CEA) ,
Derivatives ,
Dodd-Frank ,
Enforcement Actions ,
Government Shutdown ,
Proposed Rules ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Self-Reporting ,
Swap Dealers ,
Swaps
We hope everyone has a relaxing, safe, and enjoyable Fourth of July. Despite some personnel changes at the CFTC, the current administration seems to be hitting its stride in terms of enforcement actions and regulatory...more
While there was some—albeit limited—Enforcement activity in May (click here for last month’s enforcement actions), in this month’s Round-Up we want to highlight some updates that suggest the Enforcement front may continue to...more
On April 17, 2025, as previewed in the Division of Enforcement’s (“DoE”) February 25, 2025, “Advisory on Self-Reporting, Cooperation, and Remediation”, the Staff of the Market Participants Division (“MPD”) laid the remaining...more
March is over and all of our brackets are busted. We hope you have been enjoying, Moore & Van Allen’s very own, Jay Bilas’ coverage on ESPN. In this month’s newsletter we will walk you through the CFTC’s continued updates on...more
4/3/2025
/ Banks ,
California ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Financial Institutions ,
Government Agencies ,
Regulatory Oversight ,
Swaps ,
Technology Sector
In other news from last month, we found out that Brian Quintenz was nominated by President Trump to serve as the next CFTC Chair. See our synopsis on Quintenz below. If and when Quintenz is confirmed—TBD on when the Senate...more
3/3/2025
/ Banking Sector ,
CFTC ,
Coinbase ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Executive Orders ,
FDIC ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Fraud ,
OCC ,
Securities and Exchange Commission (SEC) ,
Trump Administration
January is at least eight weeks – I’m certain of it. Now that it’s February we know who’s running the CFTC and its different Divisions, for the time being. Acting Chair Pham comes to her position with a long history of...more
So, we’ll start off with our familiar and cherished Enforcement Roundup, touch on emergency funding for the CFTC’s Whistleblower Program, talk about the CFTC’s advisory on artificial intelligence, get you ready for updates to...more
1/6/2025
/ Artificial Intelligence ,
Bots ,
CFTC ,
Commercial Litigation ,
Corporate Governance ,
Enforcement Actions ,
Financial Services Industry ,
Government Shutdown ,
Machine Learning ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Technology Sector ,
Tokenization ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
Artificial Intelligence (“AI”) is everywhere you look right now. AI is a lot of things, but for most of the market it is simultaneously a buzzword for innovation and efficiency, and a bogeyman for fraud and privacy concerns....more
12/17/2024
/ Artificial Intelligence ,
Capital Markets ,
CFTC ,
Commodities ,
Commodity Exchange Act (CEA) ,
Financial Services Industry ,
Innovative Technology ,
Machine Learning ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Assessment ,
Risk Management ,
Technology Sector
With the CFTC still in the early stages of its fiscal year, in the month of November, we did not see a lot of action by way of publicly-released enforcement actions from the CFTC or enforcement-related public statements from...more
12/6/2024
/ Banks ,
CFTC ,
CFTC Enforcement Manual ,
Climate Change ,
COP ,
Derivatives ,
Derivatives Clearing Organizations ,
Digital Assets ,
Enforcement Actions ,
ETFs ,
Investigations ,
IOSCO ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Swaps ,
Technology Sector ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers ,
Zero Emission Credits
Our goal is simple, to provide you key updates and insights that you can quickly digest and easily share with your peers, boss, or anyone else that shares a passion for swaps and derivatives news. We know you have to move...more
On June 28, the CFBP released a set of FAQ’s on the CFPB’s recently finalized Small Business Lending Rule (“Section 1071”). There are twenty-one questions covering matters under “Institutional Coverage” and “Covered Credit...more
The Consumer Financial Protection Bureau (the “CFPB”) has published a final rule implementing the requirements of Section 1071 of the Dodd-Frank Act (the “Final Rule”), which mandated data collection on certain credit...more
4/19/2023
/ Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
Dodd-Frank ,
ECOA ,
Enforcement ,
Final Rules ,
Financial Institutions ,
LGBTQ ,
Minority-Owned Businesses ,
Small Business ,
Small Business Loans ,
Women-Owned Businesses
The Federal Reserve Board (“FRB”) rarely issues denials for applicants to become members of the Federal Reserve System. Senator Elizabeth Warren has even criticized the FRB for their number of approvals – although in the...more
In December 2021, the Bureau of Consumer Financial Protection (or the “CFPB”) issued a notice and request for comment (the “Notice”) on its intention to make a preemption determination regarding the Truth in Lending Act...more
For those tracking developments impacting the crypto-asset space, the summer has been far from slow and leisurely. Multiple industry alerts flow daily with news of new legislative proposals, enforcement actions, and other...more
In a prior post, we discussed the recent proposed rules from the Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC”) regarding certain non-public information reported to the SEC and...more
A Bloomberg article last week suggests potentially more bad news is on the way for Coinbase Global Inc. (“Coinbase”). Coinbase is reportedly facing an investigation by the U.S. Securities and Exchange Commission (“SEC”) into...more
8/11/2022
/ CFTC ,
Coinbase ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Securities ,
Enforcement Actions ,
Illegal Tipping ,
Insider Trading ,
Investigations ,
Popular ,
Securities and Exchange Commission (SEC)