Page 53 - 期货和衍生品行业监管动态（2022年10月）

期货和衍生品行业监管动态

benchmarks and related futures and swaps. The CFTC ordered the firm to
pay $1.186 billion, which consists of the highest civil monetary penalty

($865,630,784) and highest disgorgement amount ($320,715,066) in any

CFTC case.

 CFTC charged defendants engaged in cross-market and single

market spoofing involving CBOT soybean futures and options on soybean

futures.

 The CFTC brought several actions finding spoofing by respondents

in a number of different markets, including gold and silver futures, CME

Natural Gas (NG) and Reformulated Blendstock for Oxygenate Blending

Gasoline futures, and Treasury futures.

Recordkeeping and Supervision

 The CFTC found the swap dealer and futures commission merchant

(FCM) affiliates of 12 financial institutions committed recordkeeping and

supervision violations and imposed a total of $796 million in civil monetary

penalties. Specifically, the 12 orders find the swap dealer and/or FCM in

question, for a number of years, failed to stop its employees, including those

at senior levels, from communicating both internally and externally using

unapproved communication methods, including messages sent via personal

text, WhatsApp or Signal.

Violations by Registered Entities

 The CFTC found a registered DCM committed multiple violations,

including failure to conduct controls testing and sufficient internal and

external penetration testing; failure to conduct adequate enterprise

technology risk assessments; options and swaps reporting violations; false
statements to the Commission; and violation of a DCM Core Principle that

among other things, contains requirements relating to the reliability, security,

and adequate scalable capacity of operations and automated systems.

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