by Joon H. Kim, Colin D. Lloyd, Breon S. Peace, Jennifer Kennedy Park, Rachel Lerner, Robin M. Bergen, and Nowell D. Bamberger
On September 10, 2020, the Division of Enforcement (“Division”) of the Commodity Futures Trading Commission (“CFTC”) released guidance (“CFTC Guidance”) outlining factors the Division will consider when evaluating compliance programs in connection with enforcement actions.[1] The CFTC Guidance ties into guidance released by the Division in May directing staff to consider an entity’s compliance program when recommending a penalty or other resolution as part of an enforcement action.[2]