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CFTC Issues New Penalty Guidelines for Self-Reporting, Cooperation

CFTC Issues New Penalty Guidelines for Self-Reporting, Cooperation

The Commodity Futures Trading Commission released new guidelines Tuesday outlining how firms that self-report violations can qualify for reduced civil penalties. The advisory, titled 'Enforcement Advisory on Self-Reporting, Cooperation, and Voluntary Disclosure Penalties,' applies across the CFTC's jurisdiction — including derivatives and digital commodity markets. It's not crypto-only, but it gives crypto firms a clearer roadmap for dealing with the regulator.

What the advisory says

The guidance doesn't erase violations. Firms that self-report still need to cooperate fully, remediate issues, and show that their disclosure was meaningful. The size of any penalty reduction depends on timing, completeness, cooperation, remediation, and the seriousness of the breach. Companies must also have strong compliance systems in place to catch problems before they can report them.

The advisory is part of a broader shift at the CFTC toward more structured enforcement. Instead of relying solely on headline-grabbing actions, the agency is spelling out clearer rules of the road. For crypto firms — especially those operating in the digital-asset space where regulatory lines have often been blurry — this offers a chance to come forward before the CFTC comes to them.

The CFTC hasn't said when it will apply the new framework to its first case. But firms that have been sitting on potential violations now have a reason to move quickly: the earlier they self-report, the bigger the potential discount. The advisory is effective immediately.