Overview of the CFTC Whistleblower Office and Rules

The Whistleblower Office administers the whistleblower program at the CFTC. The Office manages submissions from and payments to whistleblowers, as well as passes information from individuals to the Division of Enforcement. It also educates CFTC employees, financial professionals, traders and the general public about whistleblowing. The staff also monitor an email address to answer questions about the Whistleblower program. The Office of the Whistleblower is located in Washington, DC. It has three full time employees.

Christopher Ehrman is the current Director of the Whistleblower Office. He was named to the position in July 2013. Prior to his employment at the CFTC, he worked at the SEC as Assistant Director in the Office of Market Intelligence in the Division of Enforcement. Vincente Martinez was the first Director of the Office of the Whistleblower at the CFTC. He was responsible for developing their policies and procedures, interacting with whistleblowers and raising awareness about the whistleblower program. He was named Chief of the Office of Market Intelligence at the SEC following his time at the CFTC.

Whistleblower Rules

The program is governed by Section 23 of the Commodity Exchange Act, 7 U.S.C. § 26, and the CFTC Whistleblower Rules, 17 C.F.R. § 165. The staff of the Whistleblower Office has composed a set of answers to frequently asked questions. They serve as a helpful introduction to the whistleblower rules. However, the first footnote to the F.A.Q. indicates they are short general summaries only and do not provide a substitute for the Commodity Exchange Act and CFTC Rules and Regulations. They are not approved by the CFTC and are not comprehensive statements of the relevant whistleblower laws.

Form Submissions

The Whistleblower Office accepts submissions of Form TCR and Form WB-APP. Form TCR provides the initial tip from the whistleblower about potential misconduct. It can be submitted by mail, fax or online through an electronic form submission. Form WB-APP is the form for whistleblowers to claim a reward upon a successful enforcement action. It can be mailed or faxed to the CFTC Whistleblower Office.

Whistleblower Fund

The CFTC Consumer Protection Fund had $100 million in Fiscal Year 2012 to fund the whistleblower program, awards and education efforts.

Notices of Covered Actions

The Office of the Whistleblower posts notices of successful enforcement actions to its website to notify whistleblowers that they may submit claim forms for adjudication and payment. They are referred to as a Notice of Covered Action. They are found here on the whistleblower website. Individuals can also submit their email address to have notices sent to them via a subscription service.

Interviews with the Office of the Whistleblower

Various media outlets have interviewed the current Director of the CFTC Whistleblower Office, Christopher Ehrman, and the former Director, Vincente Martinez. The CFTC posts articles and publications containing these interviews and other information about the Whistleblower program. You can find six articles posted in the Articles and Publications section of their website.

About McEldrew Young Purtell Merritt

The McEldrew Young Purtell Merritt CFTC whistleblower lawyers represent individuals reporting violations of the Commodity Exchange Act and CFTC rules. Call 1-800-590-4116 for a free, confidential initial consultation.

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