Page 32 - 期货和衍生品行业监管动态（2025年2月刊）

期货和衍生品行业监管动态

整改评估，必要时建议引入合规监督员或顾问确保整改落实。该建议同

时列举了不合作情形示例。

 减轻处罚矩阵：建议包含处罚矩阵减轻额度，列明了当事人如果进行了

自我报告和/或合作，可能获得的预期减轻处罚额度，以执法部初步计

算的民事罚款金额的百分比表示。预期减轻处罚范围从“未自我报告+

无合作”的 0%到“典范自我报告+典范合作”的 55%。执法部保留根据

个案特殊事实和情况偏离处罚矩阵减轻额度的自由裁量权。

CFTC Releases Enforcement Advisory on Self-Reporting, Cooperation, and

Remediation (2025/2/25)

The Commodity Futures Trading Commission’s Division of Enforcement today

issued an advisory on how the Division will evaluate a company’s or individual’s

self-reporting, cooperation, and remediation when recommending enforcement

actions to the Commission and establishes the factors the Division will consider. This

marks the first time the Division will use a matrix to determine the appropriate

mitigation credit to apply. The advisory provides fair notice to the public and

guidance that is designed to ensure due process in the Division’s investigations and

enforcement actions.

“Today, the CFTC is finally making the improvements that I have long proposed

are necessary to ensure lawful enforcement, and also implements the Administration’s

Executive Order,” said Acting Chairman Caroline D. Pham. “From the beginning, I

have encouraged firms to self-report to proactively take ownership, ensure

accountability, and prevent future violations. By making the CFTC’s expectations for

self-reporting, cooperation, and remediation more clear—including a first-ever matrix

for mitigation credit—this advisory creates meaningful incentives for firms to come

forward and get cases resolved faster with reasonable penalties.”

“Critically, it will enable the CFTC to do more with less and free up enforcement

resources to focus relentlessly on catching fraudsters and scammers, helping victims,

18