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Outcome Objective 2.1

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Outcome Objective 2.1: Violations of Federal commodities laws are detected and prevented.

Performance Measure 2.1.1


Performance Measure 2.1.1: Number of enforcement investigations opened during the fiscal year.
Status: Effective
Data Source: Agency documentation and reports maintained in the Practice Manager litigation management system.
Verification: Internal reports on investigations and litigation documented and maintained in internal Enforcement systems.
ACTUAL
FY 2006
ACTUAL
FY 2007
ACTUAL
FY 2008
ACTUAL
FY 2009
PLAN
FY 2009
123 99 215 251 142

Lead Program Office

Division of Enforcement

Performance Analysis & Review

DOE met the performance target for FY 2009. Commencing in 2002, the complexity of Commission’s investigations has increased substantially over prior fiscal years (e.g., the Commission’s investigation of alleged energy market manipulation). As a result of these investigations, the complexity of the Commission’s cases filed and litigated also has increased substantially since FY 2002. The Commission’s FY 2009 Plan target for this performance measure took into account these factors, and historical performance and staffing constraints of DOE. Despite these factors and constraints, the Commission exceeded its target for this performance measure, in part due to the unprecedented market conditions during FY 2008 − FY 2009.

Performance Highlights

Although the Commission ordinarily conducts enforcement investigations on a confidential basis, in light of the unprecedented market conditions during FY 2008 − FY 2009, the Commission took the unusual step of publicly disclosing the existence of several ongoing investigations of market misconduct, including its National Crude Oil Investigation (NCI). Through the NCI, DOE is investigating practices surrounding the purchase, transportation, storage, and trading of crude oil and related derivative contracts. While the specifics of all ongoing Commission investigations remains confidential; the DOE remains focused on ensuring that the markets are properly policed for manipulation and abusive practices.

Performance Measure 2.1.2


Performance Measure 2.1.2: Number of enforcement cases filed during the fiscal year.
Status: Effective
Data Source: Agency documentation and reports maintained in the Practice Manager.
Verification: Final complaints for each litigation are recorded in internal Enforcement system and made public via the Commission’s Web site.
ACTUAL
FY 2006
ACTUAL
FY 2007
ACTUAL
FY 2008
ACTUAL
FY 2009
PLAN
FY 2009
38 41 40 50 50

Lead Program Office

Division of Enforcement

Performance Analysis & Review

DOE met the performance target for FY 2009. Commencing in 2002, the complexity of Commission investigations has increased substantially over prior fiscal years (e.g., the Commission’s investigation of alleged energy market manipulation). As a result of these investigations, the complexity of the Commission’s cases filed and litigated also has increased substantially since FY 2002. The Commission’s FY 2009 Plan target for this performance measure took into account these factors, DOE’s historical performance, and DOE’s staffing constraints.

Performance Highlights

Among the significant enforcement actions filed by the Commission during FY 2009 are the following:

Performance Measure 2.1.3


Performance Measure 2.1.3: Percentage of enforcement cases closed during the fiscal year in which the Commission obtained sanctions (e.g. civil monetary penalties, restitution and disgorgement, cease and desist orders, permanent injunctions, trading bans, and registration restrictions).
Status: Effective
Data Source: Agency documentation and reports maintained in the Monthly Status Report, Practice Manager, Commission Proceedings Bulletin, and press releases.
Verification: Final orders for each litigation recorded in internal Enforcement system.
ACTUAL
FY 2006
ACTUAL
FY 2007
ACTUAL
FY 2008
ACTUAL
FY 2009
PLAN
FY 2009
100% 98% 97% 98% 98%

Lead Program Office

Division of Enforcement

Performance Analysis & Review

Performance target was almost met for FY 2009. During the FY 2009, DOE closed a total of 32 enforcement cases. In all but two of these closed cases, the Commission obtained sanctions (e.g., civil monetary penalties, restitution and disgorgement, cease and desist orders, permanent injunctions, trading bans, and registration restrictions) against one or more of the respondents/defendants.

Staff are required to submit all final orders for each litigation as part of closing activities for their files. These orders are recorded in internal Enforcement systems (Practice Manager).

Performance Highlights

Among the significant enforcement actions closed by the Commission during FY 2009 are the following:

Performance Measure 2.1.4


Performance Measure 2.1.4: Cases filed by other criminal and civil law enforcement authorities during the fiscal year that included cooperative assistance from the Commission.
Status: Effective
Data Source: Cooperating authorities provide notice to DOE of related civil complaints, criminal information, and indictments. Cooperative enforcement matters are noted in Practice Manager.
Verification: Internal Enforcement system and the U.S. Judiciary Public Access to Court Electronic Records Services Center.
ACTUAL
FY 2006
ACTUAL
FY 2007
ACTUAL
FY 2008
ACTUAL
FY 2009
PLAN
FY 2009
23 24 31 44 24

Lead Program Office

Division of Enforcement

Performance Analysis & Review

Performance target was met for FY 2009. The Commission believes that its performance in cooperative criminal and civil enforcement was effective. During the rating period, the Commission continued to devote significant resources to cooperative enforcement with other criminal and civil law enforcement authorities. The performance of DOE, during FY 2009, was influenced by the recent and current financial downturn, which has revealed a number of fraudulent schemes, including Ponzi schemes that could stay afloat only during periods of rising asset values.

Performance Highlights

Among the significant enforcement actions filed by the Commission during FY 2009, that included related action by other civil and/or criminal authorities, are the following: