CFTC Drops 'No-Deny' Settlement Policy in Enforcement Cases
The CFTC has rescinded a longstanding policy that effectively prevented respondents and defendants from denying the allegations in a settlement after the fact. This change gives settling parties more flexibility to contest facts publicly following resolution of CFTC enforcement actions. Compliance officers should understand that CFTC settlements may now carry less implicit factual finality, which could affect how enforcement outcomes are interpreted in due diligence and vendor risk assessments.
What to do
- Update your third-party due diligence and adverse media review procedures to account for the fact that CFTC settlement agreements may no longer be treated as admissions, requiring deeper investigation of underlying allegations.
Who this affects
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Source
Read the official publicationThis radar entry is educational and does not constitute legal advice. Summaries are AI-assisted and grounded in the linked official source; always verify against the primary source and consult qualified legal counsel for jurisdiction-specific guidance.