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CFTC to Divert Enforcement Actions to Administrative Courts

The CFTC’s director of enforcement, Aitan Goelman, indicated that the agency plans to begin bringing contested cases before administrative law judges, according to Reuters. The move is apparently driven by budget constraints. The article notes that the CFTC has utilized only federal courts for contested cases in the past decade, and that the use of administrative courts has been reserved for investor-initiated actions. An initial hurdle is that the CFTC has no administrative law judges, though Goelman stated that the agency would seek to remedy that by borrowing from other agencies. The move aligns the CFTC with the SEC, which has faced criticism recently over its stepped up use of the tactic, including from Commissioner Michael Piwowar.

 

 
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