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CFTC Amends Whistleblower Rules to Strengthen Anti-Retaliation Protections and Encourage Whistleblower Tips 

May 25, 2017

Lloyd B Chinn, The National Law Review

On May 22nd 2017, the U.S. Commodity Futures Trading Commission (“CFTC” or the “Commission”) adopted several additions to its whistleblower rules.  

Among other things, the amendments expand the Commission’s power to pursue anti-retaliation claims on behalf of whistleblowers and, like the SEC, now prohibit confidentiality agreements that “impede” a whistleblower’s communications with the CFTC.   The CFTC first proposed some form of these amendments to its Whistleblower Rules last year.

The Dodd-Frank Act amended the Commodity Exchange Act (“CEA”) and established the CFTC’s whistleblower program, which provides monetary incentives to individuals who report possible violations of the CEA that lead to a successful enforcement action, as well as privacy, confidentiality, and anti-retaliation protections for whistleblowers who share information or assist the CFTC. 

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