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May 29, 2019

CFTC’s Director of Enforcement Explains Decision to Regulate Foreign Corruption

  • Nicole Di Schino
    Anti-Corruption Report
The CFTC’s March announcement indicating its intention to pursue matters involving “foreign corrupt practices” has engendered confusion about how that pursuit would square with the DOJ and SEC’s FCPA enforcement. During ACI’s recent New York Conference on the Foreign Corrupt Practices Act, the CFTC’s Director of Enforcement, James McDonald, clarified that the agency is “not looking to bring actions under the FCPA.” Rather, as with all of its cases, the Commission is looking to bring cases under its governing statute, the Commodities Exchange Act (CEA), he explained. Going forward, if a foreign corruption matter “involves commodities and derivatives,” people “should expect to see the CFTC” looking at that area, he warned. See “Practical Implications of the CFTC’s Enforcement Advisory on Foreign Corrupt Practices” (May 1, 2019).

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