Insights

CFTC Reminds Non-U.S. Swap Dealers of Annual Report Requirements in Newly Issued Advisory

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On December 2, the CFTC reminded non-U.S. swap dealer chief compliance officers of annual reporting requirements. This Staff Advisory asserts that many non-U.S. swap dealers have been deviating from chief compliance officer annual reporting…

Swap Dealers Face Further Enforcement Orders in 2022

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CFTC and NFA have issued more than 15 enforcement orders against swap dealers in 2022. Five key pitfalls stand out as a common denominator: failure to report to Swap Data Repositories, failure to provide sufficient disclosures to counterparties,…

CFTC Foreshadows Future Action in Carbon Markets

This event highlights limits of CFTC authority in voluntary carbon markets It exposes likely CFTC focus to be enforcement against greenwashing and additional standards development Patomak can help companies navigate compliance and…

Patomak Team Supports FalconX as First Cryptocurrency-focused Swap Dealer with the CFTC

Patomak Global Partners was honored to be a part of the team supporting FalconX as it registered the first cryptocurrency-focused swap dealer with the Commodity Futures Trading Commission (CFTC) and National Futures Association (NFA). FalconX…

New Digital Asset Regulatory Questions Call for “Doing the Hard Work”

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Outgoing Commodity Futures Trading Commission (CFTC or Commission) Commissioner Dawn Stump recently issued a challenge to her fellow commissioners to move past simply enforcing the CFTC’s rules as they exist and to do the hard work of setting…

Crypto Policy Consensus On Capitol Hill Elusive in 2022, But Regulator Action Looms

Even though there’s no policy consensus for cryptocurrency regulation as 2022 kicks off, the cryptocurrency community’s engagement with policymakers in 2021 had a positive effect in Washington.

Four Take-Aways from CFTC Year-End Enforcement

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In September 2021, just days prior to its fiscal year end, the Commodity Futures Trading Commission (CFTC) announced enforcement actions against four Swap Dealers, with monetary fines ranging from $750,000 to $1.5 million. Here are four takeaways…

Law360: CFTC’s Berkovitz To Reunite With Gensler As Top SEC Lawyer

Patomak Global Partners Senior Advisor Jill Sommers is quoted in a Law360 article about former CFTC Commissioner Dan Berkovitz joining the SEC as the General Counsel. An excerpt of the reporter’s story includes her reaction to the announcement: Jill…
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By: Patomak Global Partners

RealClearMarkets: Mark-to-Market Taxation Will Harm Us All

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Consider it a warning sign when legislation coming off Capitol Hill includes language – even before it is enacted – indicating a federal agency will need to simplify its related rules. As former Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) Commissioners, we know too well the complexities in implementing rules to carry out legislative intent.

It Is Wiser to Find Out Than Suppose . . . Sometimes

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Mark Twain is credited with coining the phrase “it is wiser to find out than suppose” and at times the maxim holds true today, particularly by any regulated community. Earlier this summer, the Commodity Futures Trading Commission (CFTC)…