Page 20 - 期货和衍生品行业监管动态（2025年12月）
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期货和衍生品行业监管动态
the practice of ‘secret’ charges, and providing a minimum of 30 days—instead of as
little as 2 days in the past—to make a Wells submission that is shared with the
Commission promptly. Most importantly, these reforms ensure that the Division of
Enforcement’s memos to the Commission are objective, consistent with applicable
rules of professional conduct, comprehensive in addressing the law and facts, and
supported by citations to evidence. Taken together, these reforms will end lawfare so
that all are treated fairly with respect for basic rights in CFTC enforcement actions.
The Commission must be an objective finder of fact and neutral arbiter of law that
respects the Constitution and Constitutional rights. There must be no bias in the
administration of justice and due process.”
The revisions fall into five categories: (1) revisions to Part 10 to clarify the
definition of adjudicatory proceedings; (2) revisions to Part 10 removing references to
regulations that are no longer effective and to communications by facsimile machine;
(3) revisions to Part 10 to clarify that the Commission can accept an offer of
settlement by an order; (4) revisions to Part 10 establishing certain requirements for
the form of the recommendation memorandum that the Division provides to the
Commission when recommending that the Commission accept an offer of settlement;
and (5) revisions to Appendix A to Part 11 detailing the procedures when the Division
chooses to inform persons who may be named in an enforcement proceeding of the
nature of the allegations pertaining to them (Wells notice), as well as the procedure to
be followed by such persons in submitting a written response to the Division (Wells
submission), including expanding the time to respond to no less than 30 days rather
than14 days as required by prior versions of Appendix A.
The amended rules are effective on the date of their publication in the Federal
Register.
https://www.cftc.gov/PressRoom/PressReleases/9144-25
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