The new Enforcement Manual issued by the Commodity Futures Trading Commission’s Division of Enforcement is a significant 59-page document. It consolidates a wealth of information that was previously scattered among various enforcement decisions and memoranda.
The manual is a first for the DOE and follows in the footsteps of the Securities and Exchange Commission, which issued its first enforcement manual 10 years ago. It is intended to provide transparency into DOE policies and procedures while serving as a guide for the enforcement staff itself.
The manual pulls back the curtain on areas like the life cycle of enforcement matters, the investigatory tools used by the agency, the Wells Notice process, best practices for interacting with CFTC staff and much more. Although not enforceable in any civil or criminal matter, and deemed to be a “living document” subject to change, the manual is the most definitive guide to date on CFTC enforcement.