For Public Release 

RULE ENFORCEMENT REVIEW 

OF THE 

CHICAGO MERCANTILE EXCHANGE

Division of Market Oversight 

October 27, 2006 
2

Table of Contents 

I. INTRODUCTION ....................................................................................................................1 

II. SUMMARY OF FINDINGS AND RECOMMENDATIONS ........................................................3 

 A. Audit Trail.................................................................................................................................3 

 B. Trade Practice Surveillance ......................................................................................................3 

 C. Disciplinary Program ................................................................................................................4 

 D. Dispute Resolution Program.....................................................................................................4 

III. COMPLIANCE STAFF AND MARKET REGULATION OVERSIGHT COMMITTEE...........6 

 A. Market Regulation Department ................................................................................................6 

 B. Market Regulation Oversight Committee .................................................................................7 

IV. AUDIT TRAIL PROGRAM ........................................................................................................10 

 A. CME Globex Audit Trail ........................................................................................................11 

 B. Review Of Compliance With CME Globex Audit Trail Requirements .................................14 

 C. Open Outcry Audit Trail .........................................................................................................16 

 D. Trade Timing for Open Outcry Trades ...................................................................................18 

 E. Enforcement of Trade Recordation Requirements for Open Outcry Trades...........................19 

 1. Review Of Recordkeeping Exception Reports ..................................................................19 

 2. Back Office Audits ............................................................................................................22 

 F. Safe Storage Capability ...........................................................................................................24 

 G. Conclusions and Recommendations ........................................................................................25 

V. TRADE PRACTICE SURVEILLANCE PROGRAM ..................................................................27 

 A. Division of Trade Practice Surveillance Duties......................................................................28 

 B. Video Camera Surveillance ....................................................................................................32 

 C. Automated Surveillance..........................................................................................................34 

 1. Virtual Detection System...................................................................................................34 

 2. Regulatory Trade Browser.................................................................................................37

 3. RegWeb and RAPID .........................................................................................................37

 4. Interested Party & Accounts Database ..............................................................................39 

 D. Timeliness And Adequacy Of Investigations .........................................................................40 

 E. Conclusions and Recommendations........................................................................................42 

VI. DISCIPLINARY PROGRAM......................................................................................................44 

 A. Disciplinary Committees And Procedures..............................................................................44 

 B. Adequacy Of Sanctions...........................................................................................................48 

 C. Timeliness Of The Disciplinary Process.................................................................................51 

 D. Conclusions and Recommendations .......................................................................................52 
3

VII. DISPUTE RESOLUTION PROGRAM......................................................................................53 

 A. Customer Arbitration ..............................................................................................................53 

 B. Member-to-Member Arbitration .............................................................................................56

 C. Arbitrations Involving Certain CME Globex Trading System Issues ....................................57 

 D. Arbitrations During The Target Period...................................................................................58 

 E. Conclusions and Recommendations........................................................................................58 
I. INTRODUCTION 

The Division of Market Oversight (“Division”) has completed a rule enforcement review of 

the audit trail, trade practice surveillance, disciplinary, and dispute resolution programs of the 

Chicago Mercantile Exchange (“CME” or “Exchange”) for compliance with related core 

principles under Section 5(d) of the Commodity Exchange Act (“Act”), as amended by the 

Commodity Futures Modernization Act of 2000 (“CFMA”), and Part 38 of the Commission’s 

regulations.1 The review covers the period of October 1, 2004 to October 1, 2005 (“target 

period”). 

 The review focused on Core Principles 10, Trade Information, and 17, Recordkeeping, 

which relate to an exchange’s audit trail program for the recording and safe storage of trade 

information in a manner which enables prevention of customer and market abuses and 

enforcement of exchange rules; Core Principles 2, Compliance With Rules, and 12, Protection of 

Market Participants, which relate to an exchange’s program for enforcing its rules, conducting 

disciplinary proceedings, and protecting market participants from abusive practices; and Core 

Principle 13, Dispute Resolution, which relates to an exchange’s alternative dispute resolution 

program for market participants. Appendix B to Part 38 provides acceptable practices for 

demonstrating compliance with these core principles.2

 

1

 Rule enforcement reviews prepared by the Division are intended to present an analysis of an exchange’s overall 

compliance capabilities for the period under review. Such reviews deal only with programs directly addressed in the 

review and do not assess all programs or core principles. The Division’s analyses, conclusions, and 

recommendations are based, in large part, upon the Division’s evaluation of a sample of investigation and 

disciplinary case files, and other exchange documents. This evaluation process, in some instances, identifies specific 

deficiencies in particular exchange investigations or methods but is not designed to uncover all instances in which an 

exchange does not address effectively all exchange rule violations or other deficiencies. Neither is such a review 

intended to go beyond the quality of the exchange’s self-regulatory systems to include direct surveillance of the 

market, although some direct testing is performed as a measure of quality control.

2

 Appendix B to Part 38 of the Commission’s regulations provides guidance concerning the core principles with 

which a designated contract market must comply to maintain its designation. In addition, Appendix B provides 

acceptable practices for several of the core principles. Although the acceptable practices establish non-exclusive 

safe harbors, they do not establish a mandatory means of compliance with the core principles. Appendix B provides 
2

 For purposes of this review, Division staff interviewed compliance officials and staff 

from the Exchange’s Market Regulation Department (“Market Regulation”).3 The Division also 

reviewed numerous documents used by Market Regulation in carrying out the Exchange’s selfregulatory responsibilities. These documents included, among other things, the following: 

• computer reports and other documentation used routinely for audit trail enforcement and 

trade practice surveillance; 

• audit trail review and trade practice investigation files; 

• trade practice investigation, floor surveillance, disciplinary, and arbitration logs; 

• disciplinary case files; 

• minutes of disciplinary committee, Board of Directors (“Board”), and Market Regulation 

Oversight Committee meetings held during the target period; and 

• compliance procedures manuals and guidelines. 

 The Division provided the Exchange an opportunity to review and comment on a draft of 

this report on October 2, 2006. On October 11, 2006, Division staff conducted an exit 

conference with CME officials to discuss the report’s findings and recommendations. 

 acceptable practices for Core Principles 2, 10, and 13. However, acceptable practices are not set forth for Core 

Principle 12. In promulgating Part 38, the Commission reserved the authority to adopt acceptable practices for Core 

Principle 12 at a later date. 

3

 A copy of the transcript of the interview, which took place on November 3, 2005, can be found in Appendix 1. 
3

II. SUMMARY OF FINDINGS AND RECOMMENDATIONS 

A. Audit Trail 

 Findings 

• CME maintains an adequate audit trail program, which records trade data in a manner 

that enables CME to identify customer and market abuses and provide evidence of 

rule violations. 

• For CME Globex®, CME’s electronic trading platform, the Exchange maintains a 

complete electronic record of all orders entered and transactions executed, including 

all messages entered into CME Globex, the terms and time of entry for each order, all 

order modifications, and all matched trades. This record enables CME to reconstruct 

electronic trading efficiently and effectively. 

• For open outcry trading, CME maintains a traditional audit trail for all orders 

transmitted to the pit by flashed hand signals, physical delivery of order tickets, or 

electronic order routing. This record enables CME to reconstruct open outcry trading 

efficiently and effectively. 

• CME monitors individual member and member firm compliance with recordkeeping 

rules through routine audit trail reviews which result in detection and sanctioning of 

recordkeeping violations. These audits now include regular review of compliance 

with CME Globex audit trail requirements. 

• CME has adequate procedures for safe storage of audit trail data. Data is backed up 

daily and stored at an offsite backup storage location. CME Globex audit trail data 

and clearing data for both CME Globex and open outcry trades is also replicated in 

real time at CME’s separate Remote Data Center. 

The Division has no recommendations in this area. 

B. Trade Practice Surveillance 

 Findings 

• CME maintains an adequate trade practice surveillance program. The Exchange’s 

automated surveillance systems for both electronic and open outcry trading enable 

Market Regulation investigators to conduct focused reviews of exception reports and 

create customized, ad hoc queries of all Exchange trade data in order to identify 

instances of possible trade practice violations. Since the Division’s previous Rule 

Enforcement Review in 2002 (“2002 Review”), Market Regulation has further 

refined its automated surveillance systems and developed a new tool, RAPID, which 

allows Market Regulation to conduct real-time surveillance of CME Globex orders 

and trading. 
4

• Market Regulation monitors all CME trading activity through a combination of 

visual, video, and automated computer surveillance, and conducts various types of 

investigations in a manner capable of detecting trading activity prohibited by 

Exchange rules. 

• During the target period, Market Regulation closed 172 investigations, including 27 

investigations involving electronic trading and 145 investigations involving open 

outcry trading. The Division found that the investigations were thorough and welldocumented, and included appropriate, well-founded analyses. A number of complex 

investigations involved analysis of substantial amounts of data and extended periods 

of trading activity. Market Regulation also completed investigations in a generally 

timely manner. 

The Division has no recommendations in this area. 

C. Disciplinary Program 

 Findings 

• CME maintains an adequate disciplinary program, which enables the Exchange to 

take effective disciplinary action when rule violations are suspected. CME’s rules 

ensure due process for disciplinary proceedings, and give the Exchange the authority 

to discipline, suspend, or terminate members or market participants found to have 

committed rule violations. 

• During the target period, the Exchange took final disciplinary action in 30 cases. The 

Division found that the sanctions imposed in these cases appear reasonable relative to 

the violations alleged and the evidence presented. The Exchange assessed $1,704,500 

in fines against 33 individuals and four firms, ordered $4,612.50 in restitution to 

customers and $386,547.46 in restitution to a clearing firm, suspended 33 members 

for a total of 458 days, and ordered two members not to fill customer orders for a total 

of 180 days. The Exchange also imposed permanent bars on membership against two 

members, one guilty of noncompetitive trading and the other of fictitious trading, 

fraud and dishonest conduct. CME completed disciplinary proceedings in a generally 

timely manner. 

The Division has no recommendations in this area. 

D. Dispute Resolution Program 

Findings 

• CME maintains an adequate alternative dispute resolution program for market 

participants and exchange members. Exchange arbitration rules provide fair and 

equitable procedures for the resolution of customer and member disputes. In 
5

particular, customers have the opportunity to have their claims heard by arbitration 

panels where a majority of the arbitrators are not affiliated with CME or any contract 

market. 

• During the target period, 36 arbitrations were closed, including 14 customer 

arbitrations and 22 member-to-member arbitrations. Sixteen matters were decided, 

18 were settled or withdrawn by the parties, and two were determined to involve nonarbitrable claims. Awards to claimants in decided matters totaled $52,140.07. The 

arbitrations were conducted in conformance with the Exchange’s arbitration rules and 

were completed in a timely manner. 

The Division has no recommendations in this area. 
6

III. COMPLIANCE STAFF AND MARKET REGULATION OVERSIGHT 

COMMITTEE 

A. Market Regulation Department 

 CME’s 57-person Market Regulation Department, which is responsible for administering 

the Exchange’s compliance programs, includes 46 individuals dedicated to operation of CME’s 

audit trail and trade practice surveillance programs, and 11 individuals dedicated to operation of 

CME’s market surveillance program.4 The department is led by the Managing Director of 

Regulatory Affairs, who has 28 years of Exchange experience. Market Regulation has a 

knowledgeable and experienced compliance management team that includes the Director of 

Market Regulation (27 years of Exchange experience), the Director and Compliance Counsel 

(two years Exchange experience and 11 additional years industry related experience), five 

Associate Directors (Exchange experience ranging from nine years to 17 years), and three 

managers (Exchange experience of 22, 19, and 3 years). The remaining compliance staff is 

divided into systems development staff, data quality assurance analysts, daily investigators, 

general investigators, trading floor investigators, and administrative support staff. 

 Market Regulation appears to have adequate staffing levels to monitor CME markets. 

Notably, Market Regulation maintains approximately the same staff size noted in the Division’s 

previous Rule Enforcement Review report dated June 26, 2002 (“2002 Review”), even though 

CME’s average monthly volume of 80,225,417 during the current target period is more than 2.5 

times its average monthly volume of 31,890,167 at the time of the 2002 Review. Significantly, 

however, most of the increase has consisted of electronic trading, which has a comprehensive 

electronic audit trail that helps deter potential violations and eases the task of detecting them. 

Market Regulation staff also attributes its ability to continue adequate trade practice surveillance 

 

4

 CME’s market surveillance program is reviewed by the Division in separate Market Surveillance Rule 

Enforcement Reviews, and is not addressed in this report. 
7

of greater trading activity without an increase in staff size in part to CME’s continued 

development of sophisticated electronic surveillance tools for both electronic and open outcry 

trading.5 In addition, since the 2002 Review, the Exchange has modified the responsibilities of 

its daily, general, and trading floor investigators to better leverage each group’s developed 

expertise and to more efficiently conduct trade practice investigations.6

B. Market Regulation Oversight Committee 

 In April 2004, CME established the Market Regulation Oversight Committee (“MROC” 

or “Committee”), a board-level committee organized to “provide independent oversight of the 

policies and programs” of CME’s Market Regulation and Audit departments. The purpose of the 

MROC is to “enable those departments to administer effectively CME’s self-regulatory 

programs.”7

 The MROC’s charter requires that all MROC members be directors of CME Holdings 

Inc.8 In addition, MROC members must qualify as “independent” directors under the listing 

standards of the New York Stock Exchange; may not have membership privileges at CME; and 

may not be officers, principals, or employees of CME member firms. The charter further 

requires that the MROC consist of at least three people, all of whom, including the MROC’s 

Chairman, are appointed by the Board of Directors of CME Holdings Inc. The MROC must 

meet at least quarterly, must keep minutes of its meetings, and may ask members of the 

Exchange’s management to attend meetings and provide information. 

 

5

 CME’s electronic surveillance systems are discussed more fully below at pages 34-40. 

6 See pages 28-31 below for a detailed description of the division of duties among Market Regulation’s trade 

practice investigators. 

7

 Charter of the Market Regulation Oversight Committee, Chicago Mercantile Exchange Holdings Inc. (October 24, 

2005). 

8

 CME Holdings Inc. and the Exchange have identical Boards of Directors. 
8

 The MROC’s specific responsibilities include reviewing and making recommendations 

with respect to the “responsibilities, budget and staffing” of the Market Regulation and Audit 

departments. In addition, the MROC reviews the annual performance evaluations and 

compensation determinations of CME’s Managing Director for Regulatory Affairs and its 

Director—Audit Department, as well as any termination decisions with respect to these officers. 

Finally, the MROC is responsible for reviewing any rule changes or proposed rule changes “to 

the extent that such rules are likely to impact significantly the self-regulatory functions of the 

Exchange.” 

 In addition to its regulatory review responsibilities, the MROC also is charged with 

certain periodic and annual reporting obligations. These include regular reports to the Board of 

Directors and an annual report to the Board summarizing the Committee’s “activities, 

conclusions, and recommendations.” On an annual basis, the MROC must also present the 

Board with its working agenda for the coming year. In addition, on a yearly basis, the MROC 

must reassess the adequacy of its charter and make recommendations where appropriate. 

 The Division reviewed the MROC’s minutes for the four meetings that were held during 

the target period, as well as the MROC’s 2004 Annual Report. In addition to committee 

members, the MROC’s meetings also were attended by senior staff from Market Regulation and 

CME Clearing. The minutes reported that the committee discussed issues including rule 

interpretations and rule changes, CME’s confidentiality policy and compliance with core 

principles, past rule enforcement reviews, composition of disciplinary committees, status of 

disciplinary matters, significant investigations, proposed budgets and staffing, and procedures for 

Market Regulation to apprise the committee of unusual or significant market events. The 
9

minutes also indicated that the committee conducted a self-evaluation of its activities for the 

year. The MROC’s annual report listed its objectives, responsibilities, and accomplishments.
10

IV. AUDIT TRAIL PROGRAM 

 Core Principle 10 – Trade Information: 

The board of trade shall maintain rules and procedures to provide for the recording 

and safe storage of all identifying trade information in a manner that enables the 

contract market to use the information for purposes of assisting in the prevention of 

customer and market abuses and providing evidence of any violations of the rules of 

the contract market.

Core Principle 17 – Recordkeeping: 

The board of trade shall maintain records of all activities related to the business of 

the contract market in a form and manner acceptable to the Commission for a 

period of five years. 

 Pursuant to the acceptable practices set forth in Appendix B to Part 38 of the 

Commission’s regulations, an effective contract market audit trail program should capture and 

retain sufficient trade-related information to permit contract market staff to detect trading abuses 

and to reconstruct transactions within a reasonable period of time. In addition, the contract 

market must create and maintain an electronic transaction history database that contains 

information with respect to transactions executed on the designated contract market. An 

acceptable audit trail also must be able to track a customer order from time of receipt through fill 

allocation or other disposition. Further, an acceptable audit trail should include original source 

documents, transaction history, electronic analysis capability, and safe storage capability. 

 Original source documents include unalterable, sequentially identified records on which 

trade execution information is originally recorded, whether manually or electronically. A 

transaction history consists of an electronic history of each transaction, including all data that are 

input into the trade entry or matching system for the transaction to match and clear. These data

should include the categories of participants for whom such trades are executed; timing and 

sequencing data adequate to reconstruct trading; and the identification of each account to which 

fills are allocated. An electronic analysis capability permits sorting and presenting data included 
11

in the transaction history so as to reconstruct trading and to identify possible trading violations, 

while safe storage capability provides for a method of storing the data included in the transaction 

history in a manner that protects the data from unauthorized alteration, accidental erasure, or 

other loss. 

 Commission Regulation 1.31 governs the manner in which an exchange is required to 

maintain trade-related records. The regulation mandates that all records required to be kept

under the Act or Commission regulations be maintained for five years and be readily accessible 

during the first two years. 

A. CME Globex Audit Trail 

 Approximately 70 percent of all trades at CME are now executed on CME Globex, the 

Exchange’s electronic trading system. CME Globex creates a comprehensive audit trail for 

electronic trades by automatically recording all messages entered into the system, and retaining 

them in a database for five years. The retained information includes all orders, order changes 

and order cancellations, all trades matched by the system, and the date and time of each message 

and each matched trade, recorded to the nearest millisecond. No message, whether it consists of 

an order, order modification or cancellation, can be erased from the system. 

 Orders may be entered into CME Globex by CME floor members; by clearing members 

or the futures commission merchants (“FCMs”), introducing brokers (“IBs”), or other clients 

they guarantee; or by customers of such guaranteed FCMs or IBs using a CME-certified frontend system to transmit their own orders.9

 Each person who enters an order into CME Globex 

 

9

 A variety of front-end applications are available from CME, FCMs, IBs, and independent software vendors 

(“ISVs”). Customers using a front-end system may connect to CME Globex over the Internet or through the 

network or data center of an FCM, IB or ISV. Customers who qualify for and execute a direct access agreement 

with CME may submit their orders directly into CME Globex through their own direct connection. 
12

must first log on to the system with a unique workstation operator identifier that identifies the 

individual operator and is included in the data retained by the system with respect to every order. 

 Workstation operator identifiers are assigned to CME Globex users either by CME or by 

a clearing member. CME itself assigns a unique identifier to each market participant who uses a 

CME-provided CME Globex Trader terminal or Enhanced Option System terminal to enter 

orders directly into the system. Such orders account for approximately 13 percent of all CME 

Globex orders. The remaining 87 percent of CME Globex orders are entered by clearing 

members, FCMs, IBs, or customers using electronic order routing systems connected to CME 

Globex through iLink, CME Globex’s Application Program Interface. CME requires the 

clearing member that guarantees each iLink connection point to assign (or cause the FCMs and 

IBs it clears to assign) a unique workstation operator identifier to each person who enters orders 

into CME Globex through that connection point. Each automated trading system (“ATS”) 

entering orders into CME Globex must also be given a unique workstation operator identifier, 

which must be associated with the name of the person directly responsible for operating or 

administering the trading of that ATS. 

 CME maintains a record of the workstation operator identifiers it issues, and of all 

identifiers issued by clearing members that are registered with CME in order to qualify the users 

of those identifiers for trading fee reductions based on, for example, Exchange membership or 

high trading volume.10 The Exchange also requires each clearing member that guarantees an 

iLink connection point to maintain records of all identifiers issued in connection with use of that 

connection point for at least five years, and to be able to provide to Market Regulation, upon 

request, the identity of the person to whom any particular identifier was assigned. 

 

10 CME reviews these identifiers during periodic recordkeeping and fee audits to ensure accurate use of the 

identifiers and to ensure that traders receiving reduced trading fees continue to qualify for fee reductions. 
13

Approximately 85 percent of CME Globex volume involves traders whose identifiers are 

registered directly with CME because they were issued by CME or have been registered with 

CME for fee reduction purposes. For this reason, and because CME compliance staff can obtain 

the identity of a market participant with an identifier not registered directly with CME by 

querying the clearing member involved, CME believes it is unnecessary to require that every 

retail client have an identifier directly registered with the Exchange. 

 The audit trail data for each electronic order includes the order’s price, quantity, product, 

expiration month, customer type indicator (“CTI”) code, order type (and order qualifier, stop 

price or trigger price, if applicable), order number, and account number, and, for options, a put or 

call indicator and strike price. All of this information must be entered into the system before 

CME Globex will accept an order. For modified or cancelled orders, audit trail data includes a 

record of the nature of the modification or cancellation. For executed orders, the data also 

includes complete fill information. 

 In addition to the audit trail data recorded and maintained in the CME Globex database, 

CME also requires each clearing member to maintain, or cause to be maintained for five years, a 

complete audit trail for all electronic orders entered into CME Globex through iLink by the 

clearing member and its customers.11 In addition to a complete record of all messages 

transmitted to CME Globex, the audit trail maintained by the clearing member must include a 

record of each individual user’s login and logout messages and a record of all orders that were 

 

11 Pursuant to the Commission’s Advisory, Alternative Method of Compliance With the Written Record 

Requirements, 62 Fed. Reg. 7675 (Feb. 20, 1997), CME allows a clearing member to satisfy this requirement with 

respect to its FCM clients that have their own direct connection to CME Globex by requiring each such FCM to 

maintain the audit trail for all orders entered through its direct connection. CME has some inactive clearing 

members, which are firms that maintain clearing member status for trading fee purposes but engage only in 

proprietary trading, have no clients, and must themselves be cleared by an active clearing member. CME requires 

such inactive clearing members to maintain the required audit trail for their own trades, and excuses the active 

clearing members that clear them from maintaining the audit trail for those trades. 
14

placed but rejected for any reason either by the order routing system or by CME Globex. Each 

firm with CME Globex trading privileges must also keep full, complete and systematic records 

of all CME Globex transactions, and retain them for five years. 

B. Review Of Compliance With CME Globex Audit Trail Requirements 

 Market Regulation reviews each clearing firm’s compliance with electronic audit trail 

requirements in connection with its program of annual back office audits of clearing members.12 

Market Regulation has substantially revised its audit procedures over the past two years to adapt 

to the significant increase in CME Globex volume, and it now tracks the electronic trading 

portion of its back office audits separately. These audits include review of randomly selected 

samples of front-end audit trail data for order routing systems connected directly to CME 

Globex. For each order in the sample data, analysts verify that all required data fields are present 

and that the order’s receipt and transmission into CME Globex are properly recorded. The 

samples are also used to verify that front-end electronic audit trail data is retained for five years 

and readily available for the most recent two years. In addition, Market Regulation reviews the 

firm’s procedures for assigning workstation operator identifiers and maintaining current 

information regarding the registered user of each identifier, and analysts review and verify the 

registered user information for a random sample of the workstation operator identifiers issued by 

the firm. 

 During the target period, analysts conducting back office audits began using two new 

computerized reports used to test the accuracy of the CTI codes and account numbers submitted 

by each clearing member. The CTI Code Report highlights inconsistencies in the codes 

submitted for given accounts. During each back office audit, the subject firm is required to 

 

12 CME’s back office audits of clearing member compliance with open outcry recordkeeping requirements are 

discussed below at pages 22-24. 
15

explain and correct inaccurate CTI data. The Account Number Report focuses on account 

number corrections made by the firm prior to trade clearing, and during an audit the subject firm 

is required to explain unusual or frequent account number changes, and correct any problems. 

 In the course of conducting back office audits of all 61 of CME’s clearing members 

during the target period, Market Regulation reviewed the maintenance of electronic audit trail 

data by all 40 of its clearing members who guarantee CME Globex traders. The audits indicated 

generally high levels of compliance with electronic audit trail requirements. Market Regulation 

issued eight reminder letters to firms that initially did not produce data for the most recent two 

years of trading as quickly as required, but also verified after further testing that the required data 

were readily available. No other deficiencies were found. Division staff reviewed the electronic 

trading portions of five of the 40 back office audits involving electronic audit trail data, and 

found that they were thorough and well-documented. 

 One additional component of the audit trail for a relatively small number of CME Globex 

orders is comprised of paper order tickets. CME’s rules require that customer orders for CME 

Globex trading that are telephoned to an FCM or IB must be immediately entered into CME 

Globex upon receipt if they are executable when received. If a customer order is not 

immediately executable, the date and time the order was received, the customer’s account 

number and the terms of the order must be recorded on a written order ticket. The order must 

then be entered into CME Globex as soon as it becomes executable. During back office audits of 

clearing members, Market Regulation reviews samples of any paper order tickets for CME 

Globex orders prepared by the firm. No deficiencies with respect to such order tickets were 

found during the back office audits conducted during the target period. Market Regulation found 

that very few firms had any written CME Globex orders, either because CME Globex now can 
16

accept orders virtually 24 hours a day, six days a week, or because most firms choose to deal 

with such orders by entering stop orders into the system immediately rather than managing the 

orders outside the system. 

 Market Regulation investigators have electronic access to all audit trail data from their 

desktop computers on trade date plus one for CME Globex orders and trades during the previous 

two years. They can also call up data covering CME Globex orders and trades during the 

previous five years from the Exchange’s computer archives whenever older data is needed. 

C. Open Outcry Audit Trail 

 Open outcry orders are typically transmitted to the CME trading floor by flashed hand 

signals, physical delivery of paper order tickets, or electronic order routing systems. When an 

open outcry order reaches the initiating firm’s floor order desk, whether by telephone or by 

electronic order routing via either CME’s Trade Order Processing System or a proprietary order 

routing system, the terms of the order, the account identifier, and the order number must be 

recorded on a paper order ticket at the desk.13 The order can then be transmitted to a floor broker 

by headset, flashing, hand delivery of the paper order ticket, or electronic transmission to a CME 

Universal Broker Station (“CUBS”) terminal in the pit.14 Electronically routed orders can also be 

sent directly from a firm’s back office to a CUBS terminal. Floor traders can use CUBS 

terminals to organize orders and transmit filled trade information back to the originating source 

 

13 Order tickets can be created automatically by an electronic order routing system or written by hand. 

14 Orders can also be transmitted electronically to a proprietary hand-held terminal in the pit, but use of such 

proprietary systems has dwindled as an increasing proportion of CME’s trading volume has shifted from open 

outcry to CME Globex, and few are now used. 
17

and to the CME clearing house.15 The CUBS system retains a record of the timing of all 

messages transmitted to or from each CUBS terminal. 

 When a customer order is executed, the floor brokers involved are required to record fill 

information either on an order ticket or on a non-sequenced trading card (“endorsement card”). 

Order tickets must be timestamped immediately when received on the floor (“entry time”) and 

when the fill is reported to the customer (“exit time”),16 and must contain, among other things, 

the account identifier and order number.17

 Trades executed for a member’s personal account must be recorded in non-erasable ink 

on a single-sided trading card which contains a pre-printed sequence number and the floor 

member’s trading symbol.18 All transactions on the card must be recorded in the order in which 

they were executed. The floor member may not skip any lines when recording trades, and must 

cross out any unused lines before starting a new card. Erroneous information may be crossed 

out, but may not be obliterated. No more than six transactions may be recorded on a single card, 

and a new trading card must be used at the start of each 15-minute time bracket. 

 The trade data required to be recorded on both order tickets and trading cards includes the 

date, price, quantity, commodity, and contract month of the trade, the time bracket symbol of the 

15-minute time bracket during which the trade was executed, the executing member’s name or 

symbol, the name of the member firm clearing the trade, and the identity of the opposite member 

 

15 CME maintains 29 CUBS terminals, including 11 in agricultural trading pits and smaller numbers in the currency, 

S&P and NASDAQ pits. Use of CUBS terminals has dwindled in the non-agricultural markets where side-by-side 

electronic trading is available. 

16 At the beginning of each trading day, clearing members must ensure that each time clock used on the floor by the 

floor traders cleared by the firm is synchronized with the Exchange’s master clock. 

17 A customer account number is not required at the time of execution for bunched orders entered by eligible account 

managers for accounts eligible for post-trade allocation, provided that such orders are allocated and recorded in 

accordance with Commission Regulation 1.35(a-1)(5). 

18 Trades made for other members on the floor are recorded on non-sequenced trading cards known as endorsement 

cards. 
18

and clearing firm. Options trades must also include the strike price, put or call indicator, and 

expiration month. 

 Order tickets and any related endorsement cards for filled orders and sequenced trading 

cards used during any 15-minute bracket period must be turned in for collection within 15 

minutes of the end of the half-hour pickup period during which the tickets and cards were used, 

for timestamping by clearing firm staff who keypunch the data into the CME clearing system.19 

Clearing members and floor traders must retain originals or duplicate copies, respectively, of all 

order tickets and trading cards for a minimum of five years, and make them available to Market 

Regulation investigators on request. 

D. Trade Timing for Open Outcry Trades 

 CME’s Regulatory Trade Timing (“RTT”) system uses the various timing indicia from 

order tickets, trading cards, and electronic order routing data from CUBS terminals, along with 

time and sales information, to impute execution times for all open outcry trades, including those 

routed electronically. These timing indicia include entry and exit timestamps from customer 

order tickets, execution times recorded on endorsement cards for CTI-3 trades, the beginning and 

ending times of 15-minute time brackets, trading card sequence numbers, the sequence of trades 

on trading cards, and other required handwritten execution times, such as those for cross trades. 

From these data, RTT constructs a series of timing windows using relevant “start” and “end” 

times, and uses comparison of these windows to narrow the timeframe during which a trade 

could have occurred. Based on the narrowest timing window that can be constructed, the system 

then assigns an imputed execution time to the trade. 

 

19 For example, trading cards used to record trades during time brackets “C” (7:30:00 to 7:44:59 a.m.) and “D” 

(7:45:00 to 7:59:59 a.m.) must be turned in no later than 8:15 a.m. 
19

E. Enforcement of Trade Recordation Requirements for Open Outcry Trades 

 Market Regulation uses RTT execution times and the trade data collected from floor 

trading documents and electronic order routing to reconstruct open outcry trading activity and 

conduct trade practice surveillance with respect to open outcry trading.20 Because the accuracy 

and efficacy of this process depends on proper recordation of trade data by floor members and 

accurate entry of such data into the clearing system by clearing members, Market Regulation 

conducts two types of routine audit trail reviews to monitor compliance with Exchange 

recordkeeping rules. Market Regulation monitors floor member compliance with trade 

recordation requirements through daily electronic review of recordkeeping exception reports 

concerning all open outcry trades, and reviews clearing member compliance with data entry 

standards through regular back office audits.21

1. Review Of Recordkeeping Exception Reports 

The Exchange’s Computerized Trade Reconstruction (“CTR”) Monthly Enforcement 

Program allows Market Regulation to monitor floor member compliance with the Exchange’s 

open outcry recordkeeping requirements through regular review of computerized recordkeeping 

exception reports generated by the Exchange’s CTR system. The exception reports, which cover 

all open outcry trades, identify instances of audit trail recordation and data entry errors, 

including: (a) bracket errors, where a floor member does not indicate a time bracket or reports 

an erroneous time bracket; (b) time of execution errors, where a required execution time is not 

recorded or submitted; (c) sequence errors, where the imputed time for a trade entered into the 

clearing system is out of chronological order with other trades recorded on the trading card, or 

 

20 Trade timing data is also incorporated into reports stored in CME’s automated surveillance systems, discussed 

below. 

21 An Associate Director for Regulatory Data Management, a senior data analyst and a data analyst, a senior systems 

analyst and a systems analyst, and an investigator are assigned to conduct these reviews. 
20

where trading cards are used out of sequence; and (d) missing quotes, where the price recorded 

for a trade is not found in the Exchange’s time and sales report for the relevant time period.22

 Market Regulation reviews CTR exception reports on a monthly basis to determine 

whether any floor members have bracket errors for 6 percent or more of their trades, time of 

execution errors for 8 percent or more of their trades, or have sequence errors or missing quotes 

with respect to five or more trades. Each floor member’s compliance is tracked over a rolling 

twelve-month period. Floor members receive a warning letter the first time they exceed these 

monthly threshold levels for recordkeeping errors during any 12-month period.23 Repeat 

offenses within any 12-month period are sanctioned by summary fines of $500 for a second 

offense, $1,000 for a third offense, and $5,000 for each further offense. Summary fines are final 

and unappealable, and can be rescinded only if the floor member presents evidence within 15 

days demonstrating that an administrative, clerical or other error caused the apparent 

recordkeeping violation. Market Regulation may also refer recordkeeping offenses that it deems 

egregious to the Probable Cause Committee for review and possible disciplinary action.24

 Reviews of CTR exception reports during the target period resulted in the issuance of 857 

warning letters. Market Regulation assessed 162 summary fines totaling $173,000 against 111 

traders, including 106 fines totaling $53,000 for second offenses, 40 fines totaling $40,000 for 

third offenses, and 16 fines totaling $80,000 for fourth offenses.25 All fines assessed have been 

 

22 A complete list of the exceptions is [redacted]. 

23 The CTR system also produces daily exception reports, which are used to provide members with continuous 

feedback concerning their compliance with recordkeeping requirements and encourage prompt correction of 

recordkeeping errors. At the beginning of each trading day, each trader has access to a printout of the trader’s 

exception report from the previous trading day. Traders are encouraged to review their reports and correct the noted 

recordkeeping errors immediately, contacting their clearing firms as necessary for this purpose. 

24 CME’s disciplinary committees are discussed below at pages 44-48. 

25 Given that summary fines are assessed based on a rolling 12-month period, some traders who received fines for a 

third or fourth offense during the target period received fines for preceding offenses prior to the beginning of the 

target period. 
21

paid, except for four fines totaling $8,000, three of which were assessed against former members 

who terminated their membership without paying, and one of which is uncollectible due to a 

chapter 7 bankruptcy.26 No traders were referred to the Probable Cause Committee for 

disciplinary action concerning recordkeeping offenses. 

 Market Regulation also reviews monthly CTR exception reports regarding member firm 

compliance with order ticket and trading card timestamping requirements.27 Firms are 

sanctioned when 7 percent or more of the trades cleared by the firm involve timestamping errors. 

Firms receive a warning letter the first time they exceed this threshold during any 12-month 

period, while further offenses within any 12-month period are sanctioned by summary fines of 

$1,500 for a second offense, $5,000 for a third offense, and $10,000 for each further offense. 

These fines are rescindable only if within 15 days the firm presents evidence sufficient to reduce 

the firm’s timestamping error percentage below the threshold level. Again, Market Regulation 

also may refer matters it deems egregious to the Probable Cause Committee for review and 

possible disciplinary action. During the target period, Market Regulation assessed a total of six 

summary fines totaling $23,000 against four firms for timestamping errors, including two fines 

totaling $3,000 for second offenses, and four fines totaling $20,000 for third offenses.28 No firms 

were referred to the Probable Cause Committee for recordkeeping-related disciplinary action. 

 

26 Market Regulation rescinded 382 additional fines based on presentation of evidence that the recordkeeping 

violations involved had been caused by administrative, clerical or other errors for which the traders involved were 

not responsible. The rescinded fines included 311 fines for bracketing errors, 37 fines for missing quotations, and 

34 fines for trades out of sequence. 

27 At CME, the timestamping of these documents is performed predominantly by firm staff. The CTR exception 

reports concerning timestamping note three types of exceptions: (1) instances where required timestamps are 

missing; (2) instances where a timestamp does not match the time bracket recorded on the document; and (3) 

instances of a mismatch between a timestamp and a trade execution time. 

28 In addition to these fines, three fines were rescinded based on evidence that the timestamping error percentage of 

the firm involved did not exceed the target level. 
22

2. Back Office Audits 

 Market Regulation monitors the accuracy of the order ticket and trading card data 

submitted to the clearing system by clearing members through back office audits. As noted 

earlier, the accuracy of this data is important because CME’s RTT system uses it to impute oneminute execution times for open outcry trades. Each clearing firm is audited once each year, 

together with its subsidiaries, if any.29

 Audits begin with review of background information including the firm’s procedures for 

monitoring keypunch and timestamping errors, CTI coding errors, and trading card collection 

times; any deficiencies found in the previous back office audit of the firm; and any audit trail 

offenses in disciplinary actions involving the firm since the last back office audit.30 Analysts also 

review CTR exception reports for indications of possible problems the firm may have with 

respect to timestamping, manually-recorded execution times or trade sequencing on personal 

trading cards.31

 Each audit also includes an on-site visit, during which Market Regulation staff examine a 

randomly selected sample of the firm’s personal trading cards, floor order tickets, CTI 3 trade 

endorsement cards, and CME Globex order tickets, if any, to determine whether the firm is 

meeting Exchange recordkeeping requirements with respect to collection of trading documents, 

entry and exit timestamps, account identification, use of non-erasable ink, and crossing out of 

 

29 As discussed above at pages 14-16, back office audits also include review of clearing member compliance with 

electronic audit trail requirements. Market Regulation now tracks the electronic trading and open outcry trading 

portions of back office audits separately. 

30 During the course of each back office audit, Market Regulation inspects each of the clearing firm’s timestamp 

machines on the Exchange’s trading floors, to verify the accuracy of the times they record. If the audit discloses 

orders with incorrect timestamps, the timestamp machines involved are re-checked. 

31 The CTR exception reports used in preparation for these portions of back office audits include the following: the 

CTR Process Type “E” Timestamp Report, which lists all trades that should contain a handwritten execution time; 

the Timestamp In/Timestamp “T” Report, which lists all trades which should contain timestamps; the Card 

Sequence “C” Report, which lists all trades executed by floor members for their own accounts; and the CTR Error 

Report, which lists all trades for which required trade data were missing when the trade was submitted. 
23

unused lines on personal trading cards. Analysts review a minimum of 50 personal trading 

cards, 50 floor order tickets, and 50 CTI 3 endorsement cards, using a checklist to ensure that all 

pertinent information is reviewed. In the case of larger firms, a Market Regulation manager may 

determine that a larger sample size is warranted, while in the case of smaller firms all documents 

in a category are examined if fewer than 50 are available. 

 Firms receive summary fines if an audit reveals recordkeeping violations in excess of 

allowable threshold levels. Specifically, fines are assessed if 10 percent or more of the reviewed 

documents show deficiencies with respect to timely collection of floor order tickets or failure to 

accurately record and submit order type indicators or flashed order indicators, or, if 20 percent or 

more of the documents show deficiencies in timely collection of sequenced trading cards or CTI 

3 endorsement cards. Deficiencies within any 24-month period are sanctioned by summary fines 

of $1,000 for a first offense, $2,500 for a second offense, $5,000 for a third offense, and $10,000 

for each further offense. Fines can be rescinded only if the firm presents evidence within 15 

days demonstrating that the relevant error percentage should be reduced below the threshold 

level; otherwise, the fines are final and unappealable. 

 If a back office audit reveals sufficiently serious recordkeeping problems, Market 

Regulation may conduct a follow-up audit of the firm within two or three months of the 

regularly-scheduled annual audit. Market Regulation may also refer any firm recordkeeping 

offenses that it deems egregious to the Probable Cause Committee for review and possible 

disciplinary action. 

 As noted above, during the target period Market Regulation conducted 61 back office 

audits at CME’s 61 clearing firms. In the course of these audits, analysts examined a total of 

2,782 floor order tickets, 2,268 personal trading cards, and 695 CTI 3 endorsement cards. The 
24

audits indicated generally high rates of firm compliance with Exchange recordkeeping 

requirements. Forty-seven (77 percent) of the 61 firms had no deficiencies resulting in summary 

fines. A total of $39,000 in summary fines was assessed against 14 firms, including nine fines 

for first offenses within 24 months, eight fines for second offenses, and two fines for third 

offenses. 

 Division staff reviewed 21 of the 61 back office audits and found that they were thorough 

and well-documented. Each audit file included an audit summary, copies of original source 

documents examined during the audit, spreadsheets and work papers prepared by Market 

Regulation staff detailing findings concerning each transaction reviewed, an audit report, and 

records of fines assessed and paid, where applicable. 

 When reviewing trading documents during back office audits of clearing members, 

Market Regulation also examines the documents for individual trader compliance with 

recordkeeping requirements, and issues reminder letters to traders regarding any deficiencies 

identified. If trading documents examined in the course of a back office audit suggest potential 

trade practice violations by an individual trader, copies of the documents are forwarded to trade 

practice investigators for further inquiry. During the target period, the Exchange’s back office 

audits resulted in the issuance of reminder letters to 30 floor members.32

F. Safe Storage Capability 

 CME archives and can access complete audit trail data for both electronic and open 

outcry trading using its mainframe computer system at the Exchange’s headquarters. Archive 

files for electronic and open outcry data are stored separately. In addition, a database on the 

mainframe contains combined cleared trade information on all trades regardless of execution 

 

32 As noted above, floor members are also subject to recordkeeping review and summary fines for recordkeeping 

violations under the CTR Monthly Enforcement program. 
25

platform, and a second database used for trade practice analysis contains separate electronic and 

open outcry data stores, but makes the data seamlessly accessible to analysts in combined result 

sets when this is desired. The Exchange also creates daily and monthly backups of all audit trail 

data for both electronic and open outcry trading on computer tape cartridges, which are sent 

offsite each day or month, respectively, for storage at data backup sites maintained by the data 

backup provider contracted by the Exchange. These sites are located a significant distance from 

CME’s headquarters. The data is retained in storage for five years. 

 In addition, CME’s audit trail data for electronic trades is replicated in real time on a 

separate mainframe system at the Exchange’s Remote Data Center (“RDC”), also located a 

significant distance from CME’s headquarters. The RDC mainframe mirrors the CME Globex 

trading host on the mainframe at the Exchange’s headquarters at all times, and electronic trading 

can be shifted immediately to the RDC mainframe if the functioning of the headquarters trading 

host is interrupted for any reason. Trading in open outcry products could also be shifted to CME 

Globex in the event that the trading pits at CME’s headquarters became temporarily unavailable. 

A majority of CME’s open outcry products are already traded side by side, and clearing data 

concerning all cleared trades is replicated in real time on the RDC mainframe and would be 

available.33

G. Conclusions and Recommendations 

 The Division found that CME maintains an adequate audit trail program. CME’s audit 

trail records trade data in a manner that enables CME to identify customer and market abuses and 

provide evidence of rule violations. With respect to electronic trading on CME Globex, which 

now accounts for approximately 70 percent of CME’s total volume, CME’s audit trail is captured 

 

33 CME’s automated surveillance systems are also backed up at and available for use from the RDC. 
26

and retained in an unalterable electronic record which includes all messages entered into CME 

Globex, the terms and time of entry for each order, all order modifications, and all matched 

trades. This record allows Market Regulation staff to reconstruct CME Globex trading 

efficiently and effectively. CME conducts annual audits of clearing members’ electronic audit 

trails for CME Globex orders and their compliance with related Exchange rules. CME also 

maintains a traditional paper audit trail for open outcry orders transmitted to the pit by headset, 

flashed hand signals, physical delivery of order tickets, or electronic order routing, and monitors 

individual member and member firm compliance with recordkeeping rules through routine audit 

trail reviews which result in detection and sanctioning of recordkeeping violations. Finally, 

CME has adequate procedures for safe storage of audit trail data. Data is backed up daily and 

stored at an offsite backup storage location and at CME’s separate Remote Data Center. 

 Based on the foregoing, the Division has no recommendations in this area. 
27

V. TRADE PRACTICE SURVEILLANCE PROGRAM 

 Core Principle 2 – Compliance with Rules: 

The board of trade shall monitor and enforce compliance with the rules of the 

contract market, including the terms and conditions of any contracts to be traded 

and any limitations on access to the contract market. 

Core Principle 12 – Protection of Market Participants: 

The board of trade shall establish and enforce rules to protect market participants 

from abusive practices committed by any party acting as an agent for the 

participants.

 Pursuant to Appendix B to Part 38 of the Commission’s regulations, a contract market’s 

trade practice surveillance program should have the arrangements, resources, and authority 

necessary to perform effective rule enforcement. The arrangements and resources attendant to 

the program should facilitate the direct supervision of the contract market, including analysis of 

relevant data. Trade practice surveillance programs can be carried out by the contract market 

itself or through delegation to a third party. 

 An acceptable program should have systems that maintain all data reflecting the details of 

each transaction executed on the contract market. In this regard, the program should include 

routine electronic analysis of these data to detect potential trading violations. The program also 

should provide for appropriate and thorough investigation of all potential trading violations 

brought to the contract market’s attention, including member and Commission referrals and 

customer complaints. In addition, the program should have the authority to discipline, suspend, 

or terminate the activities of members or market participants pursuant to clear and fair 

standards.34

 

34 The aspect of Core Principle 2 that relates to the disciplining of members who violate Exchange rules is discussed 

below in Section VI. This section of the report addresses the Exchange’s program for monitoring its markets for 

possible trading abuses and the investigation of any identified abuses. 
28

A. Division of Trade Practice Surveillance Duties 

 Although the number of trade practice compliance staff has not significantly changed 

since the 2002 Review, the Exchange has modified the reporting lines and structure of its 

compliance staff to address the dramatic growth in trading volume, especially electronic trading. 

The Exchange’s daily, general, and trading floor investigator programs now report to the 

Director and Compliance Counsel, a new position created in 2003. This has allowed the Director 

of Market Regulation, who has been directly involved in the development and each iteration of 

the Exchange’s trade timing and automated surveillance systems for the past 20 years, to focus 

more on system development. CME’s development of advanced regulatory systems has allowed 

the Exchange to better store, manage, and analyze the enormous amount of data that have 

resulted from the increased growth in electronic trading and use of automated routing systems. 

CME’s advanced surveillance systems have fostered more efficient investigations by giving 

investigators quicker access to data and information.35 They have also enhanced the Exchange’s 

ability to detect trading violations by providing more sophisticated reports, such as the CME 

Globex Frontrunning Report, which analyzes trading data from long periods of time and enables 

isolation of patterns of potentially violative activity. Formerly, detecting such patterns had to be 

done by investigators through significant manual work. The Director of Market Regulation is 

also responsible for oversight of the regulatory programs through which Market Regulation 

monitors compliance with Exchange rules pertaining to dual trading, broker association 

 

35 With the increased development and deployment of various types of automated and semi-automated trading 

systems, the number of orders and resulting messages has grown exponentially. The number of daily order and 

trade messages has grown from approximately 11 million per month in 2001, to near 300 million a month in 2005. 

This has resulted in extremely large databases and the need to have efficient analysis programs to mine the data. 
29

restrictions and top step trading restrictions, and the programs for conducting back office audits 

and CTR exception report review.36

 Structurally, since the Division’s 2002 Review, there has been a shift in the functions of 

the Exchange’s daily, general, and trading floor investigators so that they can more efficiently 

handle surveillance of the Exchange’s increased trading volume. Traditionally, the Exchange’s 

daily investigators have been responsible for all initial investigations, also called “inquiries,” that 

resulted from anonymous and member complaints, as well as daily review of exception reports 

and analysis of cleared trades and other data with respect to both open outcry and electronic 

trading. The daily investigators also were responsible for operating the Exchange’s video 

surveillance systems and analyzing the resulting video.37 If a daily investigator identified trading 

activity that he or she believed violated an Exchange rule, the matter would be referred to a 

general investigator for further investigation. The general investigators were responsible for 

conducting full-scope investigations, including gathering and analyzing trading documents, 

conducting interviews, and preparing an Investigation Report for those matters referred to a 

disciplinary committee. General investigators also presented evidence in disciplinary 

proceedings. 

 While the Exchange’s daily investigators continue to be responsible for the daily 

surveillance of assigned markets and conduct some initial investigations as part of their duties, 

and general investigators continue to perform many of the same functions as they did in the past, 

Market Regulation have noted that there is less of a bright line in terms of differentiating 

between an initial inquiry and an investigation. Moreover, because the daily investigators are 

assigned particular markets, each daily investigator has a unique understanding of how his or her 

 

36 CME’s CTR Exception Report reviews and back office audits are discussed above at pages 19-24. 

37 See pages 32-33 for a detailed description of the Exchange’s various video surveillance systems. 
30

assigned markets perform. The daily investigators also have developed unique expertise in using 

the Exchange’s sophisticated surveillance tools and analyzing electronic trading data. Thus, in 

order to leverage the daily investigators’ discrete skills, and to allow general investigators to be 

more involved in the front-end of an investigation and daily investigators to remain more 

involved through the entire course of an investigation, Market Regulation has renovated its 

physical office space so that its daily and general investigators are now in close proximity to one 

another and work more closely together through the entire course of an investigation. 

 The Exchange also has expanded the role of its trading floor investigators. Trading floor 

investigators continue to observe all open outcry markets throughout the trading day.38 However, 

if a trading floor investigator observes questionable trading activity or receives a complaint from 

an individual on the trading floor or an anonymous source, the trading floor investigator, rather 

than a daily investigator, may conduct the initial investigation of the suspect trading activity. 

Over the years, the Exchange has found that the vast majority of such complaints involve a 

single trade. Reviewing such complaints commanded a great deal of time on the part of daily 

investigators. Therefore, to make more efficient use of staff resources, and to take advantage of 

its trading floor investigators’ in-depth knowledge of the trading floor and the relationships 

among individuals on the floor, Market Regulation has assigned its trading floor investigators the 

task of reviewing any suspicious activity that they identify while on the floor or that is brought to 

their attention through complaints. Trading floor investigators can quickly review videotape in a 

room just off the trading floor and examine trade data to determine if it appears that a trading 

 

38 Special emphasis is placed on observing Eurodollar options and agricultural contracts, all of which are markets 

where open outcry trading continues to thrive. In the past, the trading floor investigators paid particularly close 

attention to the Exchange’s “equities quadrant” (S&P products, the NASDAQ 100 Stock Index, Russell 2000 Stock 

Price Index, and Nikkei futures and options) due to high volume, volatility, and anonymous complaints. However, 

due to the success of electronic trading in these markets and the resulting decrease in open outcry trading, these 

markets no longer require increased surveillance. 
31

violation occurred.39 If the trading floor investigator concludes that a violation may have 

occurred, the matter is referred to a general investigator. In such instances, the trading floor 

investigator will continue to work with the general investigator to the conclusion of the matter, 

including presenting evidence in any disciplinary proceeding. The Exchange has found that 

having its trading floor investigators work on investigations has been an excellent training tool. 

Additionally, it has freed up the daily instigators to spend more time on the daily surveillance of 

their assigned markets.40

 During the target period, twelve investigations were opened as a result of trading floor 

investigators’ floor observations.41 Of these investigations, five were expanded into full-scope 

investigations, one of which resulted in significant disciplinary action. In that matter, a trading 

floor investigator witnessed suspicious activity in the NASDAQ-100 Index futures pit. In 

addition, Market Regulation also received an anonymous complaint regarding the same activity. 

The relevant trade data, along with videotape, clearly showed that a broker traded for his own 

account against a customer order in order to offset a long position that he had established for 

himself earlier in the day. Pursuant to a settlement agreement, the broker was fined $10,000 and 

suspended from the trading floor for 15 business days.42

 

39 As explained below, the Exchange’s video systems record the entire equity and interest rate quadrants of the 

trading floor throughout the trading day, and Market Regulation may with authorization conduct video surveillance 

of all quadrants in connection with investigations. Trading floor investigators have immediate access to these 

videotapes while the daily investigators have to request that the specific video be saved and wait a few days to 

receive the requested video. If a trading floor investigator reviews video and determines that it could be useful for 

an investigation, he or she will request that the video be saved. 

40 For example, daily investigators spend a significant amount of time reviewing block trades. Every block trade 

reported to the Exchange is examined to verify its compliance with CME Rule 526, which requires that the parties 

are Eligible Contract Participants, the quantity satisfies minimum size requirements, the price is fair and reasonable, 

and that report of the trade is timely. 

41 In some instances, if a trading floor investigator witnesses a potential trading violation and Market Regulation 

also receives an anonymous complaint regarding the same activity, the source of the investigation is listed as 

“anonymous complaint” on Market Regulation’s investigation log. 

42 Investigation [redacted]. 
32

B. Video Camera Surveillance 

 CME’s video surveillance program is frequently used by members to resolve outtrades 

and is a vital component of the Exchange’s trade practice surveillance and disciplinary programs. 

Three different systems comprise the Exchange’s video camera program. Although the systems 

can be used to view small details, such as the writing on an individual’s trading cards, none of 

the systems have audio capability. 

 The “Video Trade Resolution System” (“VTRS”) is a digital video recording system that 

encompasses 34 cameras with various angles throughout CME’s entire equities quadrant, 

including most of the active booth spaces. VTRS data are digitally stored and generally are 

maintained through trade date (“T”) + 1. The Exchange’s second video camera surveillance 

system is the “Video Logging System.” The Video Logging System, which is older than VTRS, 

encompasses 44 analogue cameras throughout the “interest rate quadrant.”43 Video Logging 

System data are stored on videotape and are kept through T+ 3.44 Both of these video systems 

run through the entire trading day and are used by members and member firms to resolve 

outtrades. As noted above, trading floor investigators also utilize VTRS and Video Logging 

System data for reviewing suspicious activity that they identify while on the floor and 

investigating complaints. 

 The Exchange’s third video camera surveillance system, “Video Surveillance,” is 

specifically used by Market Regulation in connection with substantive investigations that 

typically involve a pattern of conduct. This system, which encompasses 19 cameras (ten on the 

upper trading floor and nine on the lower trading floor) positioned at various locations around 

 

43 The interest rate quadrant includes Agency Notes, Eurodollar, EuroYen, Japanese Government Bonds, LIBOR, 

Quarterly Bankruptcy Index, Swap Futures, Treasury Bills, and Turn Rate. 

44 The technology associated with VTRS accounts for the storage difference between VTRS (T+1) and Video 

Logging (T+3). 
33

the trading floors, has superior zooming capabilities. For example, a camera can be positioned to 

look over a person’s shoulder in a trading pit or at a trading desk to view trading documents. 

Images are digitally recorded. In order to use Video Surveillance, staff must first obtain 

permission from the Director of Market Regulation. 

 As in the past, the Division again found that video from the Exchange’s Video 

Surveillance system is an important investigative tool and frequently provides crucial evidence 

for prosecuting disciplinary cases. 

 The following example illustrates the importance of Video Surveillance evidence to 

prove a case. During the target period, Market Regulation received anonymous information 

alleging that two brokers, the primary brokers in an options pit, were forcing locals who traded 

directly opposite one of the brokers to record the trades on their trading cards as if they had given 

a CTI 3 trade (member trading for another member on the floor) to the other broker rather than 

recording the trade as it has actually occurred. Market Regulation taped the pit for eight business 

days and identified 12 instances of illegal trades, all of which were variations of the alleged 

conduct. In four instances, one broker indicated on his trading records that he filled customer 

orders opposite the other broker, whose trading records indicated that he had filled CTI 3 orders 

for locals.45 The video showed that the broker filling customer orders actually traded directly 

with locals. Moreover, the videotape showed that for one of those instances, only the broker 

filling the customer order was present in the pit when the trade was apparently executed. In 

seven other instances, one of the brokers recorded cross trading customer orders opposite CTI 3 

trades for locals. However, the videotape revealed that he actually traded directly with locals.46 

 

45 The result of this activity was that both brokers collected brokerage fees, one for filling a customer order and the 

other for filling a CTI 3 order. 

46 In these instances, the broker collected brokerage fees for both sides of the trade. 
34

In the last instance, one of the brokers reported that he had filled a customer order opposite the 

other broker, who reported that he had filled CTI 3 trades for locals not present in the pit. The 

videotape showed that the broker filling the customer order traded directly with the locals. 

Pursuant to settlement agreements, one broker was fined $40,000 and suspended from trading for 

15 business days, and the other broker was fined $35,000 and also suspended from trading for 15 

business days.47

C. Automated Surveillance 

 Market Regulation uses a combination of several automated systems for detecting and 

investigating trade practice violations for both open outcry and electronic trading. These systems 

include the Virtual Detection System (“VDS”), Regulatory Trade Browser (“RTB”), RegWeb, 

Regulatory Analytic and Prognostic In-Memory Database (“RAPID”), and the Interested Party & 

Accounts Database (“IPACCT”).48

1. Virtual Detection System 

 VDS, which is populated with data from the Exchange’s Regulatory Trade Timing 

System and cleared trade data, displays both exception and informational reports. VDS 

exception reports, which are reviewed daily, include the Trading Ahead of Customer Orders 

(“TACO”) Report, which compares the trading activity of the personal accounts of a filling 

broker to the customer orders that the broker filled during a market rally or a break; the Side-bySide Report, which is similar to the TACO Report, except that it searches across related products 

traded simultaneously on CME Globex and via open outcry (“side-by-side trading”) to identify 

 

47 Investigation [redacted]. 

48 VDS, RTB, and RegWeb data and reports are available on-line to Market Regulation staff for a minimum of three 

years. It also is expected that RAPID data will be available on-line to staff for a minimum of three years. As 

explained below, IPACCT is a historical database that includes older data. 
35

possible instances of trading ahead violations49; the Direct/Indirect Trading Against Customer 

Reports, which identifies instances in which a broker trades directly opposite a customer order or 

indirectly by using an accommodator; and the Direct/Indirect Wash Trades Report, which 

searches for two types of wash trades-- one wherein a single account is the buyer and seller in the 

same transaction, and the other wherein multiple accounts buy and sell amongst themselves and 

the trades appear to have no economic impact on any of the accounts involved; and the Top Step 

Report, which shows when a member trades for his or her own personal account in the S&P 

futures contract or any of the Eurodollar futures back 36 contract months while registered as a 

top step broker, or trades for his or her own account in any dual-trading restricted contract 

months that are traded in the contract month position where such member stands while registered 

as a top step broker.50

 VDS informational reports that assist in the investigation of potential trading violations 

include the Market Analysis Report, which searches Time and Sales to isolate rallies or breaks 

that occur throughout a trading session; the Broker Percentage Report, which looks at a broker’s 

trading activity and expresses it as a percentage of his or her activity against that of another 

broker(s) and/or commodity(s); the Frequency of Appearance Report, which displays the number 

of times an account appeared on a given report for a given month; and the Profit and Loss 

Report, which display the daily profits and/or losses for a particular account over a selected time 

period. 

 VDS allows Market Regulation staff to view trade data across trade dates and to select 

data in a more customized manner. For example, staff can select data within all reports by 

 

49 For example, the Side-by Side Report will search across the open outcry S&P futures contract and the E-mini 

S&P futures contract simultaneously traded on CME Globex to identify potential trading ahead violations. 

50 See CME Rule 541 and 555 for further description of the Exchange’s top step trading restrictions. 
36

broker, trade date(s), commodity, contract month, individual firm or account number, or by 

dollar value in the Profit and Loss Report. VDS also has an ad hoc selection query feature that 

allows staff to search, sort, and drill down data through any VDS report using a wide variety of 

filters.51 The defaults and parameters for each VDS report differ by commodity. Although VDS 

users can modify the system’s defaults and parameters for processing future data, data that have 

already been processed cannot be re-run using the modified default parameters. 

 The Division reviewed the parameters for the Exchange’s VDS exception reports and 

found that the parameters were generally appropriate to identify the potential trading exceptions 

for which they were designed. However, the Indirect Trading Against Customer Report, which 

identifies instances in which a broker may have traded indirectly opposite a customer order by 

using an accommodator, lists only those instances in which the quantity filled by a broker for a 

customer order is equal to the quantity that the broker then trades for his or her personal account 

with an accommodator (who was also opposite the customer’s order) within a specified time 

period. The report does not list instances where the quantity traded for the broker’s personal 

account with the accommodator is less than the quantity traded earlier for the customer. In the 

Division’s own trade practice investigations of trading at various exchanges, Division staff have 

found, and made exchange referrals concerning, instances where brokers and accommodators 

engaged in this second type of indirect trading against customer orders and then profitably traded 

out of their respective positions. Accordingly, the Division suggests that CME consider 

adjusting the parameters of its Indirect Trading Against Customer Report to include instances 

where the quantity traded for the broker’s personal account is less than the quantity traded earlier 

 

51 The ad hoc selection query function allows a user to select any of 19 different fields to be displayed in the report. 

For example, if a user is investigating potential wash trading, he or she might only be interested in potential 

violations involving certain brokers and certain account numbers in a particular contract month. Rather than look 

through an entire report, the user can sort the report to display potential violations based on selected criteria, e.g., 

specific brokers and account numbers. 
37

for the customer. The Division notes that CME is also able to identify potential instances 

brokers indirectly trading against customer orders by using other components of its automated 

surveillance systems to conduct trading pattern analysis. 

2. Regulatory Trade Browser 

 The RTB system is a flexible ad hoc desktop query tool used by Market Regulation staff 

to further analyze potential trading violations identified in VDS exception reports, and to create 

customized reports in furtherance of investigations. RTB, which is primarily a reference tool, is 

populated with open outcry and CME Globex cleared trade data. RTB permits users to query 

any field of trade data or any combination of fields to create reports that can be displayed in 

multiple formats and downloaded into an Excel spreadsheet for further analysis. Trading activity 

can be queried and sorted by any criteria on the trade record for a specified period of time, such 

as by account number, trader, or clearing firm. For example, if VDS identifies a potential 

instance of wash trading, an investigator can query RTB to isolate all instances of a particular 

firm or account trading opposite itself over a selected time frame to determine if there is a pattern 

of wash trading. 

3. RegWeb and RAPID 

 RegWeb is a system populated with detailed cleared trade and audit trail data, including 

matched, unmatched, modified and cancelled orders. It is an additional reference tool that is 

used by Market Regulation staff to create profiles for individual markets, brokers, traders, and 

accounts. These profiles can identify, among other things, the products, trading volume, and 

other statistics for market participants, and assist in identifying anomalous trading activity. For 

example, a statistical profile can be created to show the average transaction size for a particular 

account in a particular market over a specified time period. With respect to particular brokers or 

traders, the system can create a profile to see what markets they trade, how much volume they 
38

trade within a certain timeframe, the individuals with whom they trade with the highest 

frequency, and the accounts that they trade for or against with the highest frequency. Such 

information allows staff to determine whether a trade or series of trades may be suspicious and 

merit further examination. 

 RegWeb also provides staff with access to the Exchange’s Pre-Execution Discussion 

Report. CME Rule 539.C requires that when market participants engage in pre-execution 

discussions for CME Globex trading, one side must be exposed to the market for five seconds in 

futures and 15 seconds in options before the other party to the discussion can take the opposite 

side of the order. This report reviews the trading of a firm against its customers’ orders and 

displays instances in which five seconds or less for futures, or 15 seconds or less for options, 

elapsed between order placement and trade execution. Market Regulation staff also accesses the 

Exchange’s Front Running Report through RegWeb to monitor for front running in the 

Exchange’s side-by-side markets (products that trade simultaneously in open outcry and 

electronically).52

 During the target period, the Exchange implemented “RAPID,” a tool which is accessible 

through RegWeb that provides Market Regulation with a direct connection into CME Globex.53 

RAPID allows staff to view, in real-time, all CME Globex order messages. This has allowed the 

Exchange to take a proactive approach in monitoring electronic trading and addressing potential 

problems as they occur. For example, if staff knows that an economic report is due to be 

 

52 The Front Running Report available through RegWeb is a beta report which the Exchange is continuing to refine. 

An older version of the Front Running Report also is available to staff on the “COOL” system. COOL is a system 

available to staff through their desktop computers that archives all hard copy reports and Time and Sales. COOL 

does not allow users to sort or format data. Market Regulation’s market surveillance staff also receives data from 

equity exchanges that it uses to monitor for inter-market front running, e.g., trading in CME equity products to front 

run trading in the underlying equities. 

53 RAPID was introduced and made available to a limited number of Market Regulation employees in June 2005. 

As it has been further refined, it has been made available to all Market Regulation data quality assurance analysts 

and daily investigators. 
39

released that could affect the markets, they will use RAPID to monitor electronic trading activity 

immediately before and after the report is released. Market Regulation also uses RAPID to 

quickly review CME Globex trading if it learns from floor staff that trading in a particular 

electronic market, such as the e-Mini S&P futures contract, is taking off due to something that 

occurred in the S&P futures pit. RAPID also is used to quickly resolve questions and complaints 

regarding CME Globex trading. For example, a CME Globex user watching the CME Globex 

trading screen might call complaining about large orders being entered and then immediately 

disappearing from the screen. The caller assumes that someone is entering large orders and then 

immediately cancelling the orders. Market Regulation can quickly review such activity to 

determine whether the orders are being immediately cancelled, or whether one person or several 

persons are immediately hitting all or part of the large orders.54

4. Interested Party & Accounts Database 

 The IPACCT Database, developed by Market Regulation in the 1980s, is a historical 

reference database that stores the names of clearing firms, members, corporate members, and 

market participants in special fee programs, in addition to the employees and registered contacts 

for those entities. It also stores the account numbers of registered entities. As a relational 

database, it also stores various pieces of data related to each of the aforementioned entities such 

as address, trading numbers and symbols, employment history, CME Globex user identifiers, and 

seat ownership. IPACCT is very useful to Market Regulation in that it allows investigators to 

identify relationships among entities, individuals, and/or accounts that can be useful evidence in 

an investigation. For example, if staff is reviewing possible instances of accommodation trading 

between two floor members, whether the two individuals have prior a relationship with one 

 

54 RAPID allows users to view a particular time period for a selected market to view the trading of a particular CME 

Globex user for a selected time period. 
40

another, e.g., worked together previously at a trading desk for the same employer, while not 

conclusive evidence, is a useful piece of information. 

D. Timeliness And Adequacy Of Investigations 

 During the target period, the Exchange opened 175 investigations that were initiated from 

various sources. Of the 175 investigations, 85 were internally generated from the Exchange’s 

automated surveillance systems and other routine oversight programs, 67 investigations from 

anonymous referrals, 17 investigations from identified referrals, five investigations from 

National Futures Association (“NFA”) referrals, and one investigation from a Division referral. 

The 85 investigations initiated from internal sources included 22 investigations generated from 

exception report reviews, one investigation referred from an Exchange committee, 12 

investigations referred from trading floor investigators, five investigations referred from the 

CME Globex Control Center, 14 investigations from routine block trade reviews, 17 

investigations from unknown or non-specified sources, seven investigations from reviews of 

markets affected by specific news events (e.g., the mad cow disease scare and the London 

terrorist bombings), and seven investigations were initiated from new information discovered 

during review of other investigations. 

 Market Regulation closed 172 investigations during the target period, including 27 

investigations involving electronic trading and 145 investigations involving open outcry trading. 

The Division found that 138 of the 172 investigations (80 percent) were closed in less than one 

year. Of those 138 investigations, 53 were closed in less than one month, 68 investigations were 

closed within six months, and 17 investigations were closed within six months to one year. 

Thirty-four investigations remained open for more than one year, for periods ranging from one 

year to 28 months. The Division examined all of the 34 investigations that were open for longer 

than one year. The Division found that the reasons why these investigations were open for long 
41

periods of time were acceptable, based on several factors. Specifically, most of these 

investigations involved multiple individuals and firms,55 complex fact patterns involving 

numerous weeks of data, numerous interviews and document requests, and frequently required 

detailed review and analysis of videotape. Moreover, several of these investigations resulted in 

significant disciplinary action during the target period. 

 The Division thoroughly reviewed 94 of the 172 investigations closed during the target 

period. The sample reviewed included potential violations relating to, among other things, 

prearranged and noncompetitive trading, CME Globex trading violations, trading ahead of 

customer orders and trading ahead of market-moving news events. The Division found that 

although investigations were conducted across all contract markets, the majority of investigations 

were conducted in the Exchange’s equity index and interest rate contracts, which accounted for a 

significant portion of the Exchange’s volume during the target period. 

 The Division is satisfied that the Exchange conducts thorough investigations that include 

appropriate analysis. Investigation files are well documented, typically contain pertinent 

underlying trading documents, correspondence, computer reports, summaries of witness 

interviews and videotape evidence reviewed, and summaries of trading activity examined. 

Investigations also are expanded in scope, when necessary, to look for patterns of violations. 

Investigations that are closed with no further action or recommendation for issuance of a staff 

warning letter include either a “File Closing Form” or brief close-out memorandum. Files for 

investigations that are referred for formal disciplinary action include an Investigation Report and 

a memorandum containing recommendations with respect to charges. Investigation Reports 

describe the details surrounding an investigation, including how the matter is initiated, the facts 

 

55 The Division did not count an investigation as closed until it was closed with respect to all of the individuals and 

entities being reviewed. In several of the investigations that were open for longer than one year, the investigation 

was closed with respect to some of the involved subjects in less than one year. 
42

developed during the course of an investigation, summaries of interviews, and staff’s analysis 

and conclusions. Relevant computer reports are typically attached to the report, and, in some 

instances, the subject(s)’ written responses to questions. File Closing Forms and close-out 

memoranda are not as detailed as Investigation Reports. Such documents typically contain a 

brief description of the investigation conducted and generally contain sufficient information for 

Division staff to make an informed decision regarding the investigation’s adequacy.56

E. Conclusions and Recommendations 

 The Division found that the Exchange maintains an adequate trade practice surveillance 

program. Market Regulation is led by an experienced management team that has effectively 

structured its staff to efficiently identify, investigate, and prosecute trading violations with 

respect to both open outcry and electronic CME Globex trading. The Division found that 

investigations were thorough, well documented, and completed in a timely manner. 

 The Exchange utilizes a combination of visual, video, and automated computer 

surveillance for monitoring and enforcing Exchange rules, and conducts various types of 

investigations in a manner capable of detecting trading violations. Videotape from the 

Exchange’s video surveillance system frequently provided crucial evidence in disciplinary cases 

that resulted in significant sanctions. Since the Division’s 2002 Review, Market Regulation has 

further refined its automated surveillance systems and developed a new tool, RAPID, which 

allows Market Regulation to conduct real-time surveillance of CME Globex orders and trading. 

 During the target period, Market Regulation closed 172 investigations, including 27 

investigations involving electronic trading and 145 investigations involving open outcry trading. 

The Division found that the investigations were thorough and well-documented, and included 

 

56 The Division recommended in its 2002 Review that File Closing Forms include sufficient information for any 

reviewer to determine whether appropriate analyses were performed. 
43

appropriate, well-founded analyses. A number of complex investigations involved analysis of 

substantial amounts of data and extended periods of trading activity. Market Regulation also 

completed investigations in a generally timely manner. 

 Based on the foregoing, the Division has no recommendations in this area. 
44

VI. DISCIPLINARY PROGRAM 

 Core Principle 2 – Compliance With Rules: 

 The board of trade shall monitor and enforce compliance with the rules of the 

contract market, including the terms and conditions of any contracts to be traded 

and any limitations on access to the contract market. 

 Core Principle 2 requires that exchanges take effective disciplinary action whenever a 

rule violation is suspected. Disciplinary actions must be prompt and conducted pursuant to clear 

and fair standards. Exchanges must have the authority to discipline, suspend, or terminate the 

activities of members or market participants found to have committed rule violations.

A. Disciplinary Committees And Procedures 

 CME’s principal disciplinary committees are the Probable Cause Committee (“PCC”) 

and the Business Conduct Committee (“BCC”). The function of the PCC is similar to that of a 

grand jury: it receives and reviews investigation reports from Market Regulation, and 

determines whether there is a reasonable basis to bring charges for violations of Exchange rules. 

The BCC holds hearings on contested charges, and has overall responsibility for enforcing 

Exchange rules relating to trading and sales practice, as well as rules relating to trader conduct 

and the ethical responsibilities of CME’s members and clearing members.57

 Each investigation report forwarded to the PCC is assigned to a panel, which is 

comprised of a chairman, three members of the Exchange, and three persons who are not 

members of CME.58 The PCC has three chairmen, two of whom are members of CME and one 

non-member. The chairmen and panels are rotated independently of one another. 

 

57 CME’s disciplinary process is governed by and described in Chapter 4 of CME’s Rules. 

58 A person does not qualify as a non-member for purposes of sitting on either a PCC or BCC panel if he or she is, or 

within the previous 12 months has been: an owner or holder of Class B Trading Rights under CME Rule 106; a 

retired CME member with floor access privileges; an employee of a CME Class A clearing firm, Class A affiliate, 

cross margin firm, CME Globex API firm, or sub-accounting firm; an employee of any individual or entity 

described in CME Rule 106; an associated person or affiliate of any entity described in CME Rule 106; an employee 
45

 The PCC panel reviewing an investigation report must determine within 30 days of its 

receipt whether a reasonable basis exists for issuance of a notice of charges. Depending on its 

findings concerning the gravity of the offense and whether a clear violation of Exchange rules 

took place, the PCC also has the option of issuing a warning letter in lieu of charges.59 When 

Market Regulation believes that charges should be issued, the investigation report will 

recommend that each rule violation involved be charged either as a “major” or a “minor” 

offense.60 Major offenses are punishable by fines of up to $1 million per violation plus the 

monetary value of any benefit received as a result of the violation, by suspension, or both, or by 

expulsion. Minor offenses are punishable by fines of up to $100,000 per violation plus the 

monetary value of any benefit resulting from the violation, by suspension, or both. The 

maximum fine amounts for both major and minor offenses are double the amounts in effect at the 

time of the Division’s 2002 Review. Members suspended or expelled are barred from access to 

the Exchange floor, from obtaining member rates, and from leasing out an owned membership.61

 Throughout the disciplinary process, Market Regulation will attempt to settle a case. 

Respondents may agree to settle a case without admitting or denying charged rule violations. 

 of an Introducing Broker guaranteed by a CME clearing firm; or an employee or representative of an entity which 

has cross-exchange trading privileges at CME. 

59 Market Regulation also is authorized, based on appropriate findings, to issue a warning letter rather than referring 

a matter to the PCC. A warning letter does not constitute either a finding of a rule violation or a penalty. 

60 Pursuant to CME Rule 432, major offenses include, among other things, fraud or bad faith; dishonest conduct; 

creating or reporting a false or fictitious trade; extortion or attempted extortion; acting as both buyer and seller in the 

same transaction; actual or attempted price manipulation; knowingly disseminating false, misleading or inaccurate 

information that could affect commodity prices; failing to cooperate with Exchange investigations as required by the 

rules; conduct substantially detrimental to the interest or welfare of the Exchange; and improper or unauthorized use 

of CME Globex. Under CME Rule 433, minor offenses include, among other things, conduct tending to impair the 

dignity or good name of the Exchange; dishonorable or uncommercial conduct; circulating rumors that tend to 

adversely reflect on the integrity of a contract; and violations of rules which are not specified as major offenses. 

61 See CME Rule 406. 
46

Proposed settlements are presented to the BCC for approval.62 If the BCC approves a settlement, 

it must file a written decision specifying the Exchange rules alleged to have been violated, and 

noting the penalty imposed and the fact that the respondent has accepted the penalty without 

admitting or denying guilt. 

 If the PCC directs that charges be issued, the Notice of Charges must indicate the rule or 

rules that the respondent is alleged to have violated; describe the conduct involved; advise the 

member of his or her rights, including the opportunity to submit a written answer to the charges 

within 21 days of receipt of the Notice; and advise the member of the time and place for the 

hearing. The respondent may waive the right to a hearing within 10 days of receipt of the 

Notice. Failure to file a written answer is not considered an admission or a denial of the 

charges.63

 When a Notice of Charges is issued, the case is referred to a BCC panel for a hearing. 

Each panel consists of a chairman, three Exchange members, and three non-members. The BCC 

has four chairmen, three of whom are members of CME and one non-member. As with the PCC, 

the chairmen and panels are rotated independently of one another. 

 Hearings must be conducted in accordance with Exchange rules that require a fair 

hearing. The respondent has the right to appear personally and to testify; to be represented by 

counsel or an Exchange member; to examine and obtain copies of all evidence against him or 

her, prior to the hearing; to submit evidence and call witnesses; and to cross-examine witnesses.64 

 

62 If a respondent makes a settlement offer to Market Regulation before a matter is heard by the PCC, the charging 

phase of the disciplinary process is suspended and the matter is referred directly to the BCC for consideration of the 

settlement offer. A settlement offer opposed by Market Regulation may be submitted to the BCC by the respondent 

only after charges are issued by the PCC. 

63 See CME Rule 407. 

64 The Respondent must provide copies of all documentary evidence and a list of all witnesses to Market Regulation 

at least ten days prior to the hearing. 
47

At the hearing, Market Regulation presents the evidence supporting the charges, and bears the 

burden of establishing the basis for a finding of guilt on any charge by a preponderance of the 

evidence. A majority vote of the panel is required for a finding of guilt.65

 When a respondent is found guilty, the panel requests information or argument as to the 

appropriate nature and amount of sanctions. Exchange rules give the BCC the authority, among 

other things, to order a member to cease and desist from violative conduct; impose a fine of up to 

$1 million per major rule violation, plus the monetary value of any benefit resulting from the 

violation; order restitution to any customer or other person or entity damaged by the member’s 

conduct; impose a period of probation; suspend a member from all access to CME Globex or the 

Exchange trading floor and all other privileges of membership; or expel the member. If the BCC 

decides by majority vote that the conduct involved may warrant a penalty in excess of its 

authority, the panel chairman must refer the case to the Board of Directors for further hearing 

and decision. 

 Promptly following the hearing, the panel must issue a written decision of its findings, 

including the Notice of Charges and the answer, if any; a summary of the evidence or copy of the 

investigation report; a statement of findings and conclusions with respect to each charge, 

including the specific rules violated; and a declaration of the nature and effective date of any 

penalty imposed. The decision must also note the availability of an appeal. 

 A respondent who is found guilty of an offense or is otherwise aggrieved by a decision of 

or sanction imposed by the BCC may appeal to a hearing panel of the Board of Directors within 

ten days of receiving notice of the decision or sanction, provided that the sanction imposed is 

greater than $10,000 or a five-day suspension and that Exchange rules do not specifically 

 

65 See CME Rule 408. 
48

prohibit an appeal in the circumstances. CME’s Managing Director of Regulatory Affairs may 

also appeal a BCC decision or sanction to a hearing panel of the Board within 10 days of 

receiving notice of it. Board hearing panels consist of a director appointed by the Chairman of 

the Board to serve as chairman of the panel, and two additional directors, one of whom must be a 

non-member of the Exchange. 

 The hearing panel determines whether sufficient grounds exist to grant the appeal, based 

solely on the written appeal request and the written response of the opposing party. If the appeal 

is granted, a hearing must be held within 60 days.66 The hearing is limited to the record in the 

proceeding before the BCC, together with written appeal briefs by both parties. The panel may 

not set aside, modify or amend the appealed decision unless it finds by majority vote that the 

decision was arbitrary, capricious, or an abuse of the BCC’s discretion, or was in excess of the 

BCC’s authority or jurisdiction. The panel must issue a written decision, including a statement 

of the findings in the decision being appealed and of the panel’s determination to affirm, set 

aside, modify or amend it. If the BCC decision is not affirmed in whole, the panel’s written 

decision must also note the penalty to be imposed, if any, and its effective date. The decision of 

the panel is deemed a decision of the Board and the final decision of the Exchange. 

B. Adequacy Of Sanctions 

 During the target period, the BCC closed 30 disciplinary cases, including 16 of the 20 

cases sent to the BCC during the target period and all of the 14 cases pending before the BCC at 

the beginning of the target period. These 30 closed cases included five cases that, at the end of 

the target period, were closed as to some respondents but remained open as to others. Four 

 

66 The panel chairman can grant an extension for good cause. 
49

additional cases sent to the BCC during the target period remained open as to all respondents at 

the conclusion of the target period. 

 To determine whether the Exchange’s disciplinary process is imposing adequate 

sanctions on violators of Exchange rules, the Division reviewed all of the 30 closed disciplinary 

cases. The Division found that the sanctions imposed by the BCC during the target period 

appear reasonable relative to the violations alleged and the evidence presented. In the 30 closed 

cases, through seven hearings before BCC panels and 43 settlement agreements, the Exchange 

assessed a total of $1,704,500 in fines against 33 individuals and four firms; ordered two 

members to pay $4,612.50 in restitution to customers and one member to pay $386,547.46 in 

restitution to a clearing firm; suspended 33 members for a total of 458 days, and ordered two 

respondents not to fill customer orders for a total of 180 days. The Exchange also imposed 

permanent bars on membership against two members, one guilty of noncompetitive trading and 

the other of fictitious trading, fraud and dishonest conduct.67

 The substantive trade practice violations charged most frequently in the 30 closed cases 

included noncompetitive trading, fictitious trading, and disclosing, trading ahead of, or trading 

against customer orders. In the aggregate, noncompetitive trading and fictitious trading were the 

most heavily-sanctioned violations. Noncompetitive trading drew $349,000 in fines, $2,050 in 

restitution, 258 days of suspension imposed upon 27 members, and the expulsion of one 

member. Three members charged with fictitious trading received $1,110,000 in fines and 156 

days of suspension, and one of the three was ordered to pay $386,547.76 in restitution to his 

clearing member. 

 

67 A clerk who had placed unauthorized trades in a member's account was also fined and barred for one year from 

applying for membership. 
50

 Notable sanctions for noncompetitive trading resulted from a case in which Market 

Regulation analyzed data in response to a complaint about noncompetitive trading in the S&P 

500 pit, and then videotaped the subjects for a two-week period.68 Comparison of cleared trade 

data with the videotape identified more than 100 instances of potential noncompetitive trading 

and disadvantaging of customer orders. The Exchange sanctioned one of the brokers involved 

by ordering him to make restitution to the affected customers, expelling him from membership, 

and barring him from ever applying for any type of CME membership in the future.69

 Another example of CME’s imposition of adequate sanctions for noncompetitive trading, 

even where respondents did not have prior substantive disciplinary violations, is found in a 

matter where two respondents were charged with prearranged trading and trading against 

customer orders in the Pork Belly futures pit over a two month period.70 The charges were 

supported by videotape evidence. One of the respondents also was charged in a separate case 

with trading with a clerk in the Pork Belly pit and falsely reporting the trades as having been 

made with another broker.71 Although that respondent had no prior offenses, and the other 

respondent had only two summary recordkeeping fines on his record, the BCC accepted 

settlements under which the first respondent was fined $30,000, suspended for 30 days, and 

ordered to refrain from filling customer orders for three months following the suspension, and 

the other respondent was fined $25,000 and suspended for 20 days. 

 

68 Case No. [redacted]. 

69 Proceedings against the two other brokers and three locals involved remained open at the conclusion of the target 

period but have now been closed. Each of the other two brokers were ordered to pay customer restitution, fined 

$50,000, and barred from Exchange membership, one for five years and the other for four years. Two locals were 

fined $50,000 and barred from membership for five years, and the third local was fined $25,000 and suspended for 

six months. 

70 Case No. [redacted]. 

71 Case No. [redacted]. 
51

 The Exchange also imposed significant sanctions in cases involving contested hearings. 

In one such case, Market Regulation charged a local in the S&P 500 pit with trading ahead of a 

customer order of which he had prior knowledge, passed to him by a pit clerk who observed the 

flashing of the customer order to a floor broker in the pit. The BCC found the local guilty of an 

act substantially detrimental to the Exchange, fined him $12,500, and suspended him for five 

trading days. The clerk was found guilty of uncommercial conduct and fined $12,500.72

C. Timeliness Of The Disciplinary Process 

 The Division is satisfied that the disciplinary cases closed during the target period were 

handled in a timely manner. All but three of the 30 closed cases were closed by the disciplinary 

committees in less than one year following their referral by Market Regulation, including 17 

cases resolved within six months.73 The average time that these cases were before disciplinary 

committees was approximately 9 months. Of the three cases that were before disciplinary 

committees for more than one year, one was resolved in less than 13 months, one was resolved in 

less than 16 months, and one required approximately 21 months to resolve. These cases 

involved significant factors that required additional time, such as multiple subjects, extended 

settlement negotiations, parallel arbitration proceedings, extensive correspondence with attorneys 

for respondents, document requests, motions and hearings, and required analysis of large 

amounts of detailed audit trail evidence or videotape evidence. The PCC issued charges in all 

cases within less than two months of receiving them from Market Regulation. 

 

72 The BCC found the pit clerk guilty of uncommercial conduct, and fined him $12,500. The local appealed to the 

Board of Directors, which reduced his violation to unbusinesslike conduct but did not reduce the fine or suspension. 

73 The 27 cases closed within one year included five cases which, as noted above, were closed as to some 

respondents but remained open at the end of the target period as to other respondents. 
52

D. Conclusions and Recommendations 

 The Division found that CME maintains an adequate disciplinary program that includes 

appropriate disciplinary procedures. During the target period, the Exchange took final 

disciplinary action in 30 cases, which involved 43 settlement agreements and seven hearings 

before the BCC. The cases were resolved in a timely manner and the sanctions imposed appear 

reasonable relative to the violations alleged and the evidence presented. The Exchange assessed 

$1,704,500 in fines against 33 individuals and four firms, ordered $4,612.50 in restitution to 

customers and $386,547.46 in restitution to a clearing firm, suspended 33 members for a total of 

458 days, and ordered two members not to fill customer orders for a total of 180 days. The 

Exchange also imposed permanent bars on membership against two members, one guilty of 

noncompetitive trading and the other of fictitious trading, fraud and dishonest conduct. 

 Half of the disciplinary cases closed during the target period involved noncompetitive 

trading, primarily on the floor, and these resulted in $349,000 in fines, $2,050 in restitution to 

customers, 258 days of suspension imposed upon 21 members, and the permanent expulsion of 

one member. Three fictitious trading cases involving three members drew fines totaling $1,110, 

suspensions totaling 156 days, and $386,547.76 in restitution to a clearing member. Trading 

ahead of or against customer orders drew fines totaling $102,500. Finally, all but three of the 

disciplinary cases closed during the target period were closed in less than one year, and more 

than half were closed within six months. 

 Based on the foregoing, the Division has no recommendations in this area. 
53

VII. DISPUTE RESOLUTION PROGRAM 

 Core Principle 13 – Dispute Resolution: 

 The board of trade shall establish and enforce rules regarding and provide facilities 

for alternative dispute resolution as appropriate for market participants and any 

market intermediaries. 

 Pursuant to acceptable practices set forth in Appendix B to Part 38, an exchange is 

required to provide customer dispute resolution mechanisms that are fair, equitable, and available 

on a voluntary basis. Customers should have the opportunity to have their claims heard and 

decided by an objective and impartial decision maker. In addition, parties should have the right 

to counsel and be provided with adequate notice of claims presented against them and an 

opportunity to be heard on all claims, defenses, and counterclaims. The process should provide 

for a prompt hearing, as well as prompt, written, final awards that are not subject to appeal 

within the exchange. The parties also should be notified of the fees and costs that may be 

assessed. Finally, if an exchange provides procedures for the resolution of member-to-member 

disputes (not involving customers), the procedures for resolving such disputes must be 

independent of, and not interfere with, the resolution of customers’ claims or grievances. 

A. Customer Arbitration 

 CME customers are afforded voluntary dispute resolution through procedures set forth in 

Exchange rules.74 Matters subject to arbitration include any claims or grievances between 

customers and members, member firms, and their employees that relate to or arise from 

transactions on the Exchange. Customers may compel members to arbitrate a dispute, but 

members may not compel customers. Arbitration claims must be filed within two years of the 

 

74 CME Rules 600 through 627. 
54

date on which the customer knew or should have known of the dispute on which the claim is 

based. 

 Arbitration procedures are initiated when the party desiring to arbitrate (“claimant”) 

submits to Market Regulation a written description of the dispute, a Consent Form for arbitration 

at the Exchange, an Arbitration Cover Sheet and the appropriate filing fee. The claimant’s 

written statement must include “a clear description of the facts and circumstances involved in the 

dispute,” including the transactions or agreements involved, the persons and firms alleged to be 

responsible for the claimant’s loss, the dates of all relevant acts or omissions, and a detailed 

calculation of the amount claimed.75 The Consent Form, which has a copy of CME’s arbitration 

rules attached, notifies the claimant of his or her rights and liabilities in connection with the 

arbitration, and of the filing fees and other costs involved. Filing fees are set on a sliding scale 

depending on the amount of the claim involved, and range from $75 to $500. 

 When a claim has been initiated, Market Regulation provides a copy of the claimant’s 

written statement to the respondent, who then has 21 days to file a written response. An 

unexcused failure to file a timely answer constitutes an admission by the respondent of the facts 

alleged in the claim. The response must admit the claim or describe the respondent’s basis for 

denying liability, and may include the respondent’s narrative description of the facts and 

circumstances involved, and any affirmative defense or other defense the respondent wishes to 

assert. It may also assert any counterclaim, cross-claim or third party claim arising out of the 

transactions or incidents which are the subject of the claim.76 Responses to counterclaims, crossclaims or third party claims are subject to the same rules as the response to the original claim. 

 

75 CME Rule 602. 

76 All related counterclaims, cross-claims or third party claims must be submitted no later than the date on which the 

response to the original claim is due. 
55

 Customers may choose to have their disputes arbitrated by a panel consisting solely of 

Exchange members or one consisting of both members and unassociated arbitrators (“mixed 

panel”).77 In either case, the panel will consist of five arbitrators and a chairman, but mixed 

panels will have three unassociated arbitrators and two arbitrators who are members.78 Both the 

Exchange members and the unassociated arbitrators serving on the panel are selected by Market 

Regulation from the membership of the Exchange’s Arbitration Committee, which includes 62 

members of the Exchange and 30 unassociated, appropriately qualified outside panelists, 

appointed annually by the Chairman of the Board of Directors. 

 Customer claims that do not exceed a value of $5,000 are decided by the arbitration panel 

based on the written submission of the parties, while claims with a value in excess of $5,000 are 

decided after a hearing. The date of the hearing is set by the panel chairman. Prior to the 

hearing, if any party has failed to produce relevant documents requested by another party, the 

panel chairman may order production of the documents upon the written request of the party 

seeking the documents. The chairman may also require any Exchange member or member 

employee to appear and testify at the hearing. No later than 10 days prior to the hearing, each 

party must provide to all other parties and the Exchange copies of all documents that the party 

intends to offer into evidence, and a list of all witnesses the party intends to call at the hearing. 

 At the hearing, each party may be represented by counsel, and each party has the right to 

present evidence and witnesses in support of or defense to a claim, and to cross-examine 

witnesses. However, formal rules of evidence do not apply, and the panel is the sole judge of the 

 

77 For purposes of customer-member arbitrations, unassociated arbitrators may not be members of, associated with 

members of, employees of, or otherwise associated with the Exchange or any other contract market. 

78 Panel chairmen do not vote except to resolve a tie. 
56

law and the facts.79 All testimony is given under oath. An audio record of the proceeding must 

be made and maintained until the decision of the panel becomes final. 

 The decision of the panel of arbitrators is made by majority vote, and must be in writing. 

Market Regulation must promptly serve copies of the decision on all parties. The panel may 

decide any matter in controversy and issue any order it deems necessary to fully resolve the 

dispute. Monetary awards made by the panel may include actual damages, with interest; punitive 

damages up to two times the amount of actual damages; all or part of the arbitration fee incurred 

by a prevailing party; all or part of the administrative costs of the arbitration; and the attorneys’ 

fees incurred by a party due to another party’s frivolous or bad faith claim, defense, or conduct 

during the arbitration. Awards must be satisfied within three days of receipt of notice of the 

panel’s decision.80 Decision of the arbitration panel in customer disputes are final and may not 

be appealed. 

B. Member-to-Member Arbitration 

 The Exchange’s member-to-member arbitration procedures are similar to those for 

customer arbitration. However, while customer arbitrations are voluntary, arbitration is 

mandatory in member-to-member disputes, so long as the controversy arises from Exchange 

business. In addition, disputes between members are heard by five-person member panels, as 

described above, and not by mixed arbitration panels.81

 

79 If the panel is in doubt as to any questions of law, it may refer the question to Exchange legal counsel for an 

opinion. 

80 Within three days of the receipt of such notice, a party may request that the panel modify or correct its decision it 

if involves an obvious material miscalculation or misdescription. 

81 Unlike arbitration decisions in customer disputes, decisions in member-to-member disputes may be appealed to a 

hearing committee of the Board of Directors in narrowly limited circumstances. Appeals are not permitted unless 

(a) the case involved a potential recovery of more than $10,000, or resulted in a non-cash award, and (b) the 

appellant alleges that the arbitration decision involved evident partiality, fraud, misconduct, or manifest disregard of 

applicable law by one or more arbitrators. The appellant must file a notice of appeal within three days of service of 

the arbitration decision; must deposit the full amount of any monetary award against him or her with Market 

Regulation in the form of a cashier’s or certified check; and must file all written evidence and arguments within 14 
57

C. Arbitrations Involving Certain CME Globex Trading System Issues 

 CME’s rules now also provide for arbitration of certain claims against the Exchange 

relating to CME Globex trading. Arbitration is required for all claims relating to: (1) receipt of 

an incorrect CME Globex order status or the failure to have received an appropriate order status; 

(2) negligence of the personnel of the Exchange’s CME Globex Control Center; or (3) 

“phantom” CME Globex orders.82 Such claims must be made within 10 business days of the date 

of the incident causing the loss. If the Exchange denies the claim and the claimant seeks 

arbitration, he or she must file a demand for arbitration within 10 business days after receiving 

notice of the denial. The arbitration is conducted by a panel of three arbitrators selected from an 

NFA list of arbitrators, with one arbitrator selected by the claimant, one by the Exchange, and 

the third selected by agreement of the parties or by the NFA President if the parties cannot agree. 

The usual Exchange rules regarding arbitrations apply. The panel must issue a written decision 

within 30 days after a hearing, and can only award the lesser of the claimant’s actual loss or the 

loss that would have been incurred if the claimant had used its best efforts to mitigate the loss. 

No appeal is allowed. 

 Arbitration is also now required for disputes involving CME Globex trade cancellations 

or price adjustments made by the Exchange in accordance with its rules. A claim for losses in 

this connection must first be submitted to the Exchange, which forwards it to the party 

responsible for the orders that resulted in the trade bust or price adjustment, if the claim is one 

 days after filing the appeal. The hearing committee hears the appeal after the appellee has had an additional 14 days 

to reply. The committee may consider only the record from the arbitration proceeding and evidence relevant to the 

issue of partiality, fraud, misconduct, or manifest disregard of applicable law. If the hearing committee determines 

that the arbitration award should be vacated on these grounds, the matter is resubmitted to a new panel of arbitrators 

for rehearing. 

82 A phantom order is defined as an order that was not authorized by any person but was caused by a failure, 

malfunction or negligent operation of CME Globex or any other Exchange system, service or facility, or whose 

terms were changed without authorization of the person placing the order solely as the result of such a failure or 

malfunction. 
58

permitted under Exchange rules. If that party denies responsibility, the claim is arbitrated by a 

mixed panel of arbitrators.83 The panel must issue a written decision within 30 days of the 

hearing. Awards are generally limited to out-of-pocket losses on the part of the claimant, not to 

exceed $500,000 for a single incident. No appeal is allowed. 

D. Arbitrations During The Target Period 

 Thirty-six arbitrations were closed during the target period, including 22 member-tomember arbitrations and 14 customer arbitrations. An additional six arbitrations were 

commenced during the target period but remained open at its conclusion. Sixteen matters were 

decided, 18 were settled or withdrawn by the parties, and two were determined to involve nonarbitrable claims. Of the decided matters, seven favored the claimant, and resulted in $52,140.07 

in awards. In nine instances, the arbitration panel found that there was no cause to grant an 

award. All of the 14 customer arbitrations closed during the target period were settled or 

withdrawn, or concluded by a finding that there was no cause to grant an award. Three of the 

member arbitrations involved member complaints against the Exchange in connection with CME 

Globex trading, including two complaints withdrawn by the claimants and one which did not 

state an arbitrable claim. The Division found that all of the arbitrations were conducted in 

conformance with the Exchange’s arbitration rules and were completed in a timely manner.

E. Conclusions and Recommendations 

 The Division found that the Exchange’s arbitration rules provide fair and equitable 

procedures for the resolution of customer and member disputes. In particular, customers have 

the opportunity to have their claims heard by panels where a majority of the arbitrators are not 

members of the Exchange or affiliated with any contract market. Parties have the right to 

 

83 If the allegedly responsible party is not subject to Exchange jurisdiction, the clearing firm through which the trade 

was placed may be held responsible. 
59

counsel. They also receive adequate notice of the claims against them, and have an opportunity 

to present their claims, defense, and counterclaims, as well as witnesses and evidence. In 

addition, the Exchange’s arbitration rules provide for a prompt process and for final, written 

decisions that are not subject to appeal within the Exchange.

 During the target period, 36 arbitrations were closed, including 14 customer arbitrations 

and 22 member-to-member arbitrations. Sixteen matters were decided, 18 were settled or 

withdrawn by the parties, and two were determined to involve non-arbitrable claims. Awards to 

claimants in decided matters totaled $52,140.07. The arbitrations were conducted in 

conformance with the Exchange’s arbitration rules and were completed in a timely manner.

 Based on the foregoing, the Division has no recommendations in this area.