CFTC Restructures Enforcement Division, Aims to Combat Complex Fraud

CFTC Restructures Enforcement Division Into Two Task Forces, Signals Shift Away From Regulation by Enforcement

  • CFTC restructures enforcement division into two streamlined task forces focused on complex fraud and retail enforcement.
  • Acting Chair Caroline Pham aims to end regulation by enforcement approach, prioritizing efficiency and market integrity.
  • Paul Hayeck appointed to lead Complex Fraud Task Force, while Charles Marvine heads Retail Fraud and General Enforcement.
  • New structure replaces previous multiple specialized task forces implemented under former Chairman Rostin Behnam.
  • Change aligns with SEC’s recent shift away from enforcement-first regulatory strategy under new leadership.

The U.S. Commodity Futures Trading Commission (CFTC) announced a major reorganization of its enforcement division on Tuesday, consolidating its operations into two primary task forces as part of Acting Chair Caroline Pham’s initiative to combat fraud more effectively while moving away from regulation by enforcement.

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The restructuring eliminates several specialized units in favor of the new Complex Fraud Task Force and Retail Fraud and General Enforcement Task Force. Paul Hayeck, deputy director of enforcement, will lead the complex fraud unit, while Charles Marvine takes charge of retail enforcement operations.

“This simplified structure will stop regulation by enforcement and is more efficient,” Pham stated. “These much-needed changes will maximize the CFTC’s resources to bring more actions to pursue fraudsters and other bad actors, and not punish good citizens.”

The move represents a significant departure from the previous administration under former Chairman Rostin Behnam, which maintained separate task forces for insider trading, Cybersecurity, emerging technologies, and environmental fraud. This consolidation mirrors recent changes at the Securities and Exchange Commission (SEC), where Acting Chair Mark Uyeda has similarly moved away from the enforcement-first approach championed by former Chair Gary Gensler.

Industry observers note this shift could signal a more balanced regulatory approach in the commodities and derivatives markets. The CFTC’s announcement emphasizes enhanced governance and oversight of enforcement matters to prevent overreach while maintaining market integrity through fraud prevention and manipulation detection.

Regular market participants can expect more consistent enforcement actions focused on clear violations rather than regulatory interpretation through enforcement actions – a practice that had drawn criticism from market participants and legal experts for creating uncertainty in compliance requirements.

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