The Commodity Futures Trading Commission (CFTC) approved a policy statement setting out how it will address regulatory offenses that carry criminal liability under Executive Order 14294, including a framework for considering referrals of potential violations to the Department of Justice (DOJ). The statement will be published in the Federal Register. In consultation with the Attorney General, the CFTC will provide the Director of the Office of Management and Budget a report listing all criminal regulatory offenses enforceable by the CFTC or DOJ, the range of potential criminal penalties for each offense, and the applicable mens rea standard. Following the Commission action authorizing Federal Register publication, the CFTC withdrew a prior Division of Enforcement advisory that had incorporated the same framework.
Commodity Futures Trading Commission 2025-09-05
Commodity Futures Trading Commission adopts policy statement on criminal regulatory offenses and DOJ referrals under Executive Order 14294
The Commodity Futures Trading Commission (CFTC) approved a policy statement on regulatory offenses with criminal liability under Executive Order 14294, including DOJ referral considerations. The statement will be published in the Federal Register, and the CFTC will report to the Office of Management and Budget on enforceable criminal offenses and penalties. The CFTC also withdrew a previous advisory from the Division of Enforcement with the same framework.