The Commodities Futures Trading Commission’s (CFTC) new whistleblower program was officially launched on October 24, 2011. The program, created by Dodd-Frank, provides monetary incentives for individuals to report possible violations of the Commodities Exchange Act (CEA), which regulates commodities, the futures market and non-security-based swap agreements.
Anyone who voluntarily provides the CFTC with original information that leads to a successful action resulting in monetary sanctions exceeding $1 million is entitled to an award of between 10 and 30 percent of the monetary sanctions collected by the CFTC. The program also prohibits retaliation by employers against employees who provide the CFTC with information about possible violations of the CEA. Compliance officers and auditors are also eligible for an award, but only when it is necessary to prevent the relevant entity from engaging in conduct that is likely to cause substantial injury to the financial interest or property of the entity or investors. See the program’s webpage for more information.