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Appendix 4 – FY 2013 Planned Objectives by Strategic Goal (continued)

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Goal Three: Protect the public and market participants through a robust enforcement program.

An increasing segment of the population has money invested in the derivatives markets, either directly or indirectly through pension funds or ownership of shares in publicly held companies that participate in the markets. Commission staff works to protect market users and the public by promoting compliance with and deterring violations of the CEA and Commission regulations. The range of available enforcement actions (including manipulation, disruptive trading practices and anti-fraud for example) will broaden beginning July 2011 when relevant provisions of the Dodd-Frank Act become effective. By providing a formalized structure and government oversight, the commodity laws carefully balance the desire for open, accessible and competitive markets with the need to protect market users.

This third strategic goal is to ensure that firms and individuals who come to the marketplace to fulfill their business and trading needs are in compliance with laws and regulations. In addition, market users and others must be protected from possible wrongdoing that may affect or tend to affect the integrity of the markets. The derivatives markets provide a great benefit to the U.S. economy; preserving the integrity of the markets ensures their continued vibrancy and promotes public confidence. Continuing IT investment in the eLaw program will support all Goal Three objectives by improving staff productivity, providing staff with a level IT playing field with those it investigates and effective tools to collaborate internally with oversight and clearing staff as well as with other regulators, and facilitating the use of information to identify high impact enforcement actions.

Summary of Goal Three Performance Indicators

Goal Three: Protect the public and market participants through a robust enforcement program.
Objective 3.1: Identify and stop violations of the CEA and Commission regulations; deter others from engaging in future misconduct.
Strategy 3.1.1: Investigate and prosecute potential violations of the CEA and Commission regulations.
Performance Measure Percentage of enforcement investigations concluded within one year of opening. Plan Actual
FY 2011   65% 81%
FY 2012   70%  
FY 2013   75%  
Performance Measure The CFTC will bring claims in due recognition of the broadened enforcement mandate provided by the Dodd Frank Act, and will seek proportionate remedies, including civil monetary penalties, undertakings and restitution, that have the highest impact on and greatest deterrent effect against potential future violations. Plan Actual
FY 2011   N/A N/A1
FY 2012   N/A  
FY 2013   N/A  
Objective 3.2: Increase cooperative enforcement.
Strategy 3.2.1: Leverage resources through active cooperative enforcement with domestic entities.
Performance Measure Percentage of CFTC case filings that include referrals to domestic civil and criminal cooperative authorities. Plan Actual
FY 2011   60% 62%
FY 2012   65%  
FY 2013   70%  
1 N/A = Not applicable. Performance data not available until applicable regulations are effective. (back to text)


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