MARKET SURVEILLANCE 

RULE ENFORCEMENT REVIEW 

OF THE NEW YORK MERCANTILE 

EXCHANGE AND THE COMMODITY 

EXCHANGE 

Division of Market Oversight

 October 11, 2016
2

NYMEX-COMEX Market Surveillance Rule Enforcement Review 

Target Period: March 1, 2014 through March 1, 2015 

I. Rule Enforcement Review Scope 

The Division of Market Oversight (“Division”) of the Commodity Futures Trading 

Commission (“Commission” or “CFTC”) has conducted a rule enforcement review of the market 

surveillance program of the New York Mercantile Exchange, Inc. (“NYMEX”), and the 

Commodity Exchange, Inc. (“COMEX”; collectively, the “Exchanges”).

1

The Exchanges are 

wholly-owned subsidiaries of CME Group, Inc. (“CME Group”).2 As discussed in Sections II 

and III below, the majority of trading volume on both Exchanges occurs via electronic trading on 

Globex, the Exchanges’ electronic trading platform, with additional trading volume occurring via 

pit and “ex-pit” trading, in accordance with Exchange rules. The Division’s review of the 

Exchanges’ market surveillance program covered the period from March 1, 2014 through March 

1, 2015 (“target period”). The Division reviewed the Exchanges’ compliance with Core 

Principle 2 (Compliance With Rules),3 Core Principle 4 (Prevention of Market Disruption),4

and 

 

1

 Rule enforcement reviews, and the resultant reports prepared by the Division, are intended to present an analysis of 

an exchange’s compliance capabilities during the period under review. Such reviews deal only with exchange 

programs directly addressed in the review and do not assess all programs, Core Principles, or Commission 

regulations. The Division’s analyses and conclusions are based, in large part, upon the Division’s evaluation of a 

sample of market surveillance files and other exchange documents. This evaluation process, in some instances, 

identifies specific issues with particular exchange compliance programs or methods, but is not designed to uncover 

every instance where an exchange fails to effectively comply with the Core Principles or Commission regulations. 

This report, and the analyses and conclusions herein, represent the view of the Division only, and do not necessarily 

represent the position or view of the Commission or of any other office or division of the Commission. The 

Division’s analyses and conclusions in this report are limited to the Exchanges. 

2

 NYMEX became a wholly-owned subsidiary of CME Group when CME Group purchased it in 2008. As part of 

the same transaction, CME Group also acquired COMEX, which had operated as a subsidiary of NYMEX since 

1994. Each of the four CME Group exchanges (NYMEX, COMEX, Chicago Mercantile Exchange (“CME”), and 

Chicago Board of Trade (“CBOT”)) is separately registered as a designated contract market (“DCM”) under the 

Commodity Exchange Act. 

3

 Core Principle 2 - Compliance With Rules: (A) In general – The board of trade shall establish, monitor, and 

enforce compliance with the rules of the contract market, including: (i) Access requirements; (ii) The terms and 

conditions of any contracts to be traded on the contract market; and (iii) Rules prohibiting abusive trade practices on 

the contract market. (B) Capacity of contract market. The board of trade shall have the capacity to detect, 

investigate, and apply appropriate sanctions to any person that violates any rule of the contract market. (C) 
3

Core Principle 5 (Position Limitations or Accountability)

5

under Section 5(d) of the Commodity 

Exchange Act (the “Act”), as amended by the Dodd-Frank Wall Street Reform and Consumer 

Protection Act of 2010,

6

and the regulations codified in Commission Regulations §§ 38.153, 

38.155, 38.158 (related to Core Principle 2), 38.250-254 (related to Core Principle 4), and 

38.300-301 (related to Core Principle 5), which relate to an Exchange’s market surveillance 

program.

7

 This rule enforcement review does not address the Exchanges’ Exchange for Related 

Positions (“EFRP”) procedures, which the Division is reviewing via a separate examination. 

To evaluate the Exchanges’ market surveillance program, and its compliance with Core 

Principles 2, 4, and 5 and Commission Regulations §§ 38.153, 38.155, 38.158, 38.250-254, and 

38.300-301, Division staff interviewed compliance officials and staff from the Exchanges’

Market Regulation Department (“MRD”) and received a demonstration of the automated 

surveillance systems used by the Exchanges to conduct market surveillance. The Division also 

analyzed responsive documents produced by Exchange staff, including the following:

 

Requirement of rules. The rules of the contract market shall provide the board of trade with the ability and authority 

to obtain any necessary information to perform any function described in this section, including the capacity to carry 

out such international information-sharing agreements, as the Commission may require.

4 Core Principle 4 - Prevention of Market Disruption: The board of trade shall have the capacity and responsibility 

to prevent manipulation, price distortion, and disruptions of the delivery or cash-settlement process through market 

surveillance, compliance, and enforcement practices and procedures, including: (a) methods for conducting real-time 

monitoring of trading; and (b) comprehensive and accurate trade reconstructions.

5 Core Principle 5 - Position Limitations or Accountability: To reduce the potential threat of market manipulation or 

congestion (especially during trading in the delivery month), the board of trade shall adopt for each contract of the 

board of trade, as is necessary and appropriate, position limitations or position accountability for speculators. For 

any contract that is subject to a position limitation established by the Commission, pursuant to section 4a(a), the 

board of trade shall set the position limitation of the board of trade at a level not higher than the position limitation 

established by the Commission.

6 Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, 124 Stat. 1376 (2010) 

(“Dodd-Frank Act”). Title VII of the Dodd-Frank Act became effective on July 16, 2011. 

7 On May 10, 2012, the Commission issued its Final Rules, Core Principles and Other Requirements for Designated 

Contract Markets, 77 Fed. Reg. 36612 (June 19, 2012) (“New DCM Regulations”), which became effective on 

October 17, 2012, to codify rules in lieu of guidance and acceptable practices for certain Core Principles, including 

Core Principles 2, 4, and 5. Because the New DCM Regulations were in effect for the entirety of the target period, 

the Division reviewed the Exchanges’ market surveillance program for compliance with the New DCM Regulations.
4

 the Exchanges’ market surveillance procedures manual and guidelines; 

 automated computer reports and other documents generated by the Exchanges’

market surveillance tools; 

 market surveillance investigation logs and files; 

 organizational charts and summaries of personnel and staffing; and 

 minutes of disciplinary committee, Board of Directors, and Regulatory Oversight 

Committee meetings held during the target period.

The Division analyzed the Exchanges’ market surveillance program to determine whether 

the program complies with the Core Principles and Commission regulations stated above, 

whether there are any deficiencies in the program, and whether the Division should make any 

recommendations regarding the program. For purposes of rule enforcement review reports, a 

deficiency is an area where the Division believes an exchange is not in compliance with a 

Commission regulation and must take corrective action, and a recommendation concerns an area 

where the Division believes the exchange should improve its compliance program. 

As set forth below, the Division found that the Exchanges maintain experienced market 

surveillance staff and an adequate market surveillance program to demonstrate compliance with 

Core Principles 2, 4, and 5, and Commission Regulations §§ 38.153, 38.155, 38.158, 38.250-254, 

and 38.300-301. The Division did not identify any deficiencies. The Division made one 

recommendation for improvement, discussed in Section III (B) below. 

The Division provided the Exchanges with an opportunity to review and comment on a 

draft of this report on September 9, 2016. On September 14, 2016, Division staff conducted an 

exit conference with Exchange officials to discuss the report’s findings and recommendations. 
5

II. Products and Trading Volume During the Target Period 

Total trading volume at NYMEX and COMEX during the target period was 431,917,865

and 80,457,877 contracts, respectively. On NYMEX during the target period, electronic trading 

via Globex represented approximately 79 percent of total volume, pit trading represented 

approximately one percent of total volume,8and “ex-pit” trading represented approximately 20 

percent of total volume.9

 On COMEX during the target period, electronic trading via Globex 

represented approximately 91 percent of total volume, pit trading represented approximately four 

percent of total volume, and “ex-pit” trading represented approximately five percent of total 

volume. In the 12-month period following the target period (March 1, 2015 through March 1, 

2016), total trading volume at NYMEX and COMEX was 520,447,024 and 85,023,309 contracts, 

respectively. 

NYMEX offered 568 products traded during the target period, and COMEX offered 29 

products traded during the target period. The four most heavily traded contracts on NYMEX 

accounted for over 70 percent of total volume on the Exchange: Light Sweet Crude Oil Futures 

accounted for 37 percent; Natural Gas Henry Hub futures accounted for 17 percent; RBOB 

Gasoline Futures accounted for eight percent; and New York Harbor ULSD Futures accounted 

for eight percent. 

 

8 CME Group announced on February 4, 2015 that it would close most of its futures trading pits in Chicago and 

New York by July 2, 2015 (which date falls after the end of the target period). CME Group stated that floor-based 

S&P 500 futures market will remain open on CME Group’s Chicago trading floor. Options on futures contracts, 

which continue to trade actively on both the floor and the screen, will also remain open on both trading floors except 

for the DJIA ($10) and NASDAQ-100 open outcry equity index options markets, which are designed to deliver into 

floor-based futures contracts. For more information, see:

http://investor.cmegroup.com/investor-relations/releasedetail.cfm?ReleaseID=894826

9 CME Group defines “ex-pit transactions” as including Exchange of Futures for Related Positions (EFRPs) and 

block trades. For more information, see:

https://www.cmegroup.com/education/files/Ex-Pit-Transactions.pdf
6

The four most heavily traded contracts on COMEX accounted for over 97 percent of total 

volume on the Exchange: Gold Futures accounted for 51 percent; COMEX Copper Futures 

accounted for 19 percent; Silver Futures accounted for 17 percent; and Gold Options accounted 

for 10 percent. 

The Exchanges launched 76 new products during the target period. The three most 

significant new products in terms of volume are: COMEX Gold Kilo Futures, launched on 

January 26, 2015; NYMEX Crude Oil Weekly Option- week 1, launched on April 14, 2014; and 

NYMEX Crude Oil Weekly Option- week 2, also launched on April 14, 2014. During the oneyear period following the target period (March 1, 2015 to March 1, 2016), total trading volume 

for these three products was 62,775 contracts, 51,823 contracts, and 36,436 contracts, 

respectively. 

III. Summary of Findings and Recommendations 

A. Findings without Recommendations 

1. Compliance Staff and Resources (Core Principle 2, Commission Regulation § 

38.155)10

 The Division found that the Exchanges maintain sufficient market surveillance 

staff to demonstrate compliance with Core Principle 2 and Commission 

Regulation § 38.155. Market surveillance responsibilities at the Exchanges are 

carried out by the Market Surveillance Department (“MS”), which is a part of the 

Market Regulation Department (“MRD”). The MS staff consists of 24 staff 

members. MS is headed by the Exchanges’ Director of Market Surveillance, who 

in turn reports to the Executive Director of Global Market Surveillance. 

 Of the 24 MS staff members, 14 members devote 100 percent of their time to the 

Exchanges, one member (the Director of Market Surveillance) devotes 95 percent 

of his time to the Exchanges, eight members (including the Executive Director of 

Global Market Surveillance) devote 50 percent of their time to the Exchanges, 

 

10 See items 7 and 8 below for a discussion of Core Principle 2, Commission Regulations §§ 38.153 and 38.158. 
7

and one member devotes 15 percent of his time to the Exchanges. In each case, 

additional time is devoted to other CME Group exchanges. 

 MRD is headed by the Exchanges’ Chief Regulatory Officer (“CRO”), who 

devotes 50 percent of his time to the Exchanges. 

 

2. Prevention of Market Disruption and General Requirements (Core Principle 4, 

Commission Regulations §§ 38.250-251) 

 The Division found that the Exchanges maintain an adequate market surveillance 

program to comply with Core Principle 4 and Commission Regulations §§ 

38.250-251 (and as discussed below, Commission Regulations §§ 38.252-254, 

Core Principle 5 and related Commission Regulations §§ 38.300-301, and 

Commission Regulations §§ 38.153 and 38.158). 

 The primary tools used by the Exchanges to collect and evaluate daily market 

activity are the Sophisticated Market Analysis Research Technology (“SMART”) 

and the Exchanges’ Large Trader System. The information on Large Trader is 

obtained from computer-generated reports, and is used by MS to identify possible

price manipulation or price distortion and to conduct surveillance of expiring 

contracts. The Large Trader System generates a number of alerts and exception 

reports, including a Position Detail Report, Intraday Over the Limit Report, and 

Volume and Open Interest Report. 

3. Additional Requirements for Physical-Delivery Contracts (Core Principle 4, 

Commission Regulation § 38.252) 

 The Division found that the Exchanges have adequate procedures to demonstrate 

compliance with Commission Regulation § 38.252. When reviewing physicallydelivered contracts, MS examines the composition of the market and evaluates 

substantive changes in that composition. MS seeks to proactively identify the 

potential for concentration or congestion that could indicate manipulative 

conduct, or otherwise threaten the orderly functioning of the market. Analysts 

monitor supply and demand fundamentals, the basis relationships between the 

cash price and the futures price, and spread relationships in order to identify 

market conditions or pricing anomalies that may pose risks to orderly market 

settlement. 

 MS analysts develop expertise on market participants and their trading strategies 

in the markets they oversee. They document the historical trading patterns in 

Expiration Summary Files and Quarterly Accountability Research Files, which 

are shared with all MS staff. Prior to the spot month, analysts mainly track 

position concentrations and pricing to identify market participants, and 

understand their trading strategies and trading history, in order to detect potential 

issues in the monitored contract before the front active month arrives. 
8

 On a daily basis, MS analysts employ the Exchange Large Trader, SMART, and 

Regulatory Application for Processing In-memory Data (“RAPID”) systems and 

applications to track the positions and trading activity of market participants. 

MS seeks to detect positions and trading patterns that may pose a threat to 

orderly and competitive markets, in both intraday and end-of-day time frames. 

Analysts monitor underlying market fundamentals and prices of products related 

to futures contracts by monitoring news, government reports, trade periodicals, 

and academic studies.11 Analysts also contact market participants to obtain 

market outlook, trading intentions, and market knowledge. In order to detect 

market anomalies, MS analysts monitor market prices, volume, open interest, 

and trading activity. 

4. Additional Requirements for Cash-Settled Contracts (Core Principle 4, Commission 

Regulation § 38.253)

 The Division found that the Exchanges have adequate procedures to demonstrate 

compliance with Commission Regulation § 38.253. Just as described in § 

38.252 above, when reviewing cash-settled contracts, MS examines the 

composition of the market and evaluates substantive changes in that 

composition. MS seeks to proactively identify the potential for concentration or 

congestion that could be indicative of manipulative conduct or otherwise 

threaten the orderly functioning of the market. The same tools described above 

are used by MS analysts to monitor the expiration of cash-settled contracts. 

 For products that are cash-settled, analysts also focus on understanding the 

derivation of the cash pricing mechanism, and whether the mechanism can be 

manipulated to impact the value of futures positions. Analysts compare market 

data assembled from internal and external sources when examining whether the 

cash pricing mechanism is subject to manipulation. MS documents its findings 

in Expiration Summary Files and Quarterly Accountability Research Files. 

5. Ability to Obtain Information (Core Principle 4, Commission Regulation § 38.254)

 The Division found that the Exchanges have adequate rules to obtain information 

from market participants.12 Rule 536.H (Retention of Records) provides that each 

member and member firm, and employees of the foregoing, must keep full, 

complete and systematic records, including records created or transmitted 

 

11 Among other reports and news sources, MS analysts gather information about the markets by reviewing reports 

prepared by the U.S. Energy Information Administration and other research and consulting resources. 

12 Both NYMEX and COMEX follow the same Rulebook, which is referred to as the NYMEX Rulebook on the 

CME Group website. All references to “Rule” in this rule enforcement review refer to this Rulebook. See: 

http://www.cmegroup.com/rulebook/NYMEX/
9

electronically, of all transactions in accordance with Commission Regulation § 

1.35. Rule 418 (Consent to Exchange Jurisdiction) and related rules provide the 

Exchanges the authority to collect this information. 

6. Position Limitations and/or Accountability (Core Principle 5, Commission 

Regulations §§ 38.300-301)

 Subject to the recommendation below under Commission Regulation § 38.301 

(regarding the Exchanges’ hedge exemption application process), the Division 

found that the Exchanges have adequate rules and procedures related to position 

limits and accountability levels. 

o Rule 559 (Position Limits and Exemptions) governs position limits and the 

hedge exemption application process. The position limit levels are set forth in 

Chapter 5 in the Rulebook (see the Position Limit, Position Accountability 

and Reportable Level Table in the Interpretations & Special Notices Section),

and programmed into the Large Trader System for Over the Limit (OTL) 

reports. The Large Trader Intraday OTL report identifies potential violations 

of intraday position limits, which are the same as end of day limits. 

o Rule 560 (Position Accountability) governs position accountability levels, and 

sets the Exchanges’ regulatory authority to address positions that pose a 

potential threat to orderly trading. If MS identifies an account of concern, 

staff will contact the clearing member as deemed appropriate to obtain further 

information. 

7. Capacity to Detect and Investigate Rule Violations (Core Principle 2, Commission 

Regulation § 38.153) 

 MS utilizes a third-party case management application to track the initiation and 

resolution of disciplinary matters. This application also serves as the document 

repository for all completed complaint, research, audit, investigation, arbitration 

and disciplinary files. 

 MS opens a complaint when it receives a referral from an external source, such as 

a regulatory agency like the Commission, or a market participant. Complaints 

that cannot be substantiated are closed out administratively, while those that merit 

further review are elevated to the level of a case (investigation).13

 

 MS can issue warning letters for certain reporting infractions identified when MS 

is investigating complaints or preparing research files. 

 

13 The Exchanges refer to a “case” and “investigation” interchangeably in their records and procedures documents.
10

 Research files are prepared on a monthly or quarterly basis. MS analysts record 

their daily surveillance activities in the files, along with the contract surveillance 

they conduct over the course of an individual contract’s life span. Research files 

also house the position accountability logs, and the monthly EFRP program and 

Large Trader program reviews. In addition, the files are used to track the 

surveillance of individual market participants by analysts, along with MS 

recommendations regarding such surveillance. 

 Most research files are recurring programmatic repositories containing contract 

surveillance materials reviewed by analysts over the course of a contract life 

cycle, and are therefore typically closed with no action. During the target period, 

140 research matters originating from research files were closed by MS. None of 

the 140 matters were elevated to cases. Of the 140, 132 were non-EFRP related. 

Of the 132 non-EFRP research matters, 122 were closed with no disciplinary 

action. The other 10 matters were not elevated to cases but did result in 

disciplinary actions by MS, which are discussed in more detail in Section IV.

8. Investigations and Investigation Reports (Core Principle 2, Commission Regulation § 

38.158) 

 MS maintains a Case Management Procedures document, which outlines the 

differences between a research file, complaint, and case. MS elevates matters to 

the case level when there is a potential that a violation has occurred, and further 

investigative work is required. Any potential position limit violations, transfer 

trade violations, or manipulation attempts are opened as cases. If MS identifies 

any other instances in which there is a potential for a violation, it will also open a 

case. 

 If MS determines that a rule violation may have occurred, MS can refer the matter 

to the CME Group Enforcement division (“CME Enforcement”) or the Reporting 

Infractions Committee (pursuant to Rule 512). If a case is referred by MS to 

CME Enforcement, CME Enforcement can then close the case administratively, 

refer it back to MS for further investigation, or refer it to an Exchange 

disciplinary committee, such as the Probable Cause Committee (PCC) or the 

Business Conduct Committee (BCC). 

 There were 102 non-EFRP market surveillance cases closed during the target 

period. Division staff reviewed 51 of the 102 closed cases (50%), and found the 

files to contain the appropriate trading documentation and records, transcripts of 

interviews (when appropriate), and correspondence. The Division found the 

quality of the investigative work in the closed cases reviewed to be thorough and 

complete. MS investigators adequately collected, reviewed, and analyzed 

relevant data. In addition, the Division found that the Exchanges’ decisions 

whether or not to pursue disciplinary action were appropriate, and the cases were 

closed in a timely manner. 
11

B. Findings with Recommendations 

1. Position Limitations and Accountability (Core Principle 5, Commission Regulation § 

38.301)

 Rule 559 (Position Limits and Exemptions) states that in order to obtain an 

exemption from position limits, a person must: (1) Provide a description of the 

exemption sought, including whether the exemption is for bona fide hedging 

positions (as defined in CFTC Regulation §1.3(z)(1)), risk management positions, 

or arbitrage/spread positions. Furthermore, under Rule 559, a person must: (9) 

Agree to promptly submit a supplemental statement to the Market Regulation 

Department whenever there is a material change to the information provided in 

the most recent application. During the target period, the Exchanges conducted 

nine “spot checks” of existing exemptions. The Division believes, however, that 

the Exchanges should consider implementing a formal review process such that 

MS can confirm that, when a market participant has a position larger than the 

level of a position limit, the market participant’s position is consistent with an 

approved exemption (whether for bona fide hedging positions, risk management 

positions, or arbitrage/spread positions), as indicated in their exemption 

application. Without such a process, there is no way for the Exchanges to 

proactively verify that the strategy described on an exemption application is 

followed once the exemption is granted. 

o Recommendation: The Exchanges should consider implementing a formal 

review process by which MS can verify that a market participant who has a 

position larger than a position limit is, in fact, making use of an exemption, 

consistent with the strategy described in their exemption application. 

The accompanying Compliance Matrix in Section IV below includes a thorough analysis 

of the Exchanges’ compliance with Core Principles 2, 4, and 5 under Section 5(d) of the Act, and

the regulations codified in Commission Regulations §§ 38.153, 38.155, 38.158 (related to Core 

Principle 2), 38.250-254 (related to Core Principle 4), and 38.300-301 (related to Core Principle 

5).
Section IV

NYMEX-COMEX MARKET SURVEILLANCE RER 

Target Period: 3/1/14 – 3/1/15 

Compliance Matrix

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

§ 38.155 Compliance staff and

resources (market surveillance)

(a) Sufficient compliance staff. A

designated contract market must establish

and maintain sufficient compliance

department resources and staff to ensure

that it can conduct effective audit trail

reviews, trade practice surveillance, market

surveillance, and real-time market

monitoring. The designated contract

market’s compliance staff also must be

sufficient to address unusual market or

trading events as they arise, and to conduct

and complete investigations in a timely

manner, as set forth in § 38.158(b) of this

part.

(b) Ongoing monitoring of compliance

staff resources. A designated contract

market must monitor the size and

workload of its compliance staff annually,

and ensure that its compliance resources

and staff are at appropriate levels. In

determining the appropriate level of

compliance resources and staff, the

designated contract market should

consider trading volume increases, the

number of new products or contracts to be

Market surveillance responsibilities at the Exchanges are

carried out by the Market Surveillance Department (“MS”), 

which is a part of the Market Regulation Department 

(“MRD”). The MS staff consists of 24 staff members. MS is 

headed by the Exchanges’ Director of Market Surveillance, 

who in turn reports to the Executive Director of Global 

Market Surveillance. The Division found that the Exchanges 

maintain sufficient MS staff to conduct market surveillance. 

 MS staff analyst experience ranges from one to 30 

years. The median tenure is almost seven years in 

length. 

 The Director of Market Surveillance reviews

investigations prepared by MS staff analysts,

assesses surveillance matters, and evaluates and

administers disciplinary actions such as warning

letters and settlements. The Director of Market 

Surveillance joined the Exchanges in 2007, and 

works out of the New York office.

 The responsibilities of the Executive Director of 

Global Market Surveillance include hiring analysts,

conducting annual MS employee performance 

evaluations, and assigning and monitoring the

timeliness of MS work. The current Executive 

None 
13

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

listed for trading, any new responsibilities

to be assigned to compliance staff, the

results of any internal review

demonstrating that work is not completed

in an effective or timely manner, and any

other factors suggesting the need for

increased resources and staff.

Director of Global Market Surveillance has been 

employed by the CME Group for over 30 years, and 

oversees both the New York and Chicago offices.

 Of the 24 MS staff members, 14 members devote 100 

percent of their time to the Exchanges, one member 

(the Director of Market Surveillance) devotes 95 

percent of his time to the Exchanges, eight members 

(including the Executive Director of Global Market 

Surveillance) devote 50 percent of their time to the 

Exchanges, and one member devotes 15 percent of 

his time to the Exchanges. In each case, additional 

time is devoted to other CME Group exchanges. 

MRD is headed by the Exchanges’ Chief Regulatory

Officer (“CRO”), who devotes 50 percent of his time to

the Exchanges. The CRO is primarily responsible for 

overseeing MRD’s performance of its self-regulatory

responsibilities, including management of the Exchanges’

market surveillance, audit trail, trade practice surveillance,

disciplinary, and dispute resolution programs.

The ROC evaluates MS staff levels and resources via an

annual report that considers, among other items, MS staff

turnover, qualifications, and compensation.

Core Principle 4 Prevention of

Market Disruption

§ 38.250 Core Principle 4

The board of trade shall have the capacity

and responsibility to prevent manipulation,

price distortion, and disruptions of the

See discussion below addressing Commission

Regulations §§ 38.251-254.

None
14

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

delivery or cash- settlement process

through market surveillance, compliance,

and enforcement practices and

procedures, including:

(a) Methods for conducting real-time

monitoring of trading; and

(b) Comprehensive and accurate

trade reconstructions.

§ 38.251 General

requirements

A designated contract market must:

(a) Collect and evaluate data on

individual traders’ market activity on an

ongoing basis in order to detect and

prevent manipulation, price distortions

and, where possible, disruptions of the

physical-delivery or cash-settlement

process;

Collecting and Evaluating Data to Detect and Prevent

Manipulation and Price Distortions

The primary tools used by the Exchanges to collect and

evaluate daily market activity are the Sophisticated Market 

Analysis Research Technology (“SMART”) and the Large 

Trader System. The information on Large Trader is obtained 

from computer-generated reports, and is used by MS to

identify possible price manipulation or price distortion and to 

conduct surveillance of expiring contracts. Relevant alerts 

and exception reports maintained on Large Trader include:

None

(b) Monitor and evaluate general

market data in order to detect and

prevent manipulative activity that

would result in the failure of the

market price to reflect the normal

forces of supply and demand;

(c) Demonstrate an effective program for

conducting real-time monitoring of market

conditions, price movements and volumes,

in order to detect abnormalities and, when

necessary, make a good-faith effort to

 Position Detail Report – allows analysts to 

review participant positions and position 

changes, and identify historical participant or 

market trends;

 Over the Limit and Batch Over the Limit 

Reports – identifies participants with 

aggregate positions in excess of defined 

speculative limits or position accountability 

levels;

 Intraday Over the Limit Report –

identifies participants with aggregate 
15

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

resolve conditions that are, or threaten to

be, disruptive to the market; and

(d) Demonstrate the ability to

comprehensively and accurately

reconstruct daily trading activity for the

purposes of detecting trading abuses and

violations of exchange-set position limits,

including those that may have occurred

intraday.

positions in excess of defined speculative 

limits or position accountability levels at 

any time during a trading day;

 Watch Over the Limit Report – identifies

participants with aggregate positions that are 

potentially in excess of defined speculative 

limits or position accountability levels;

 Position Accountability Report – identifies

participants with aggregate positions that are 

potentially in excess of defined speculative 

limits or position accountability levels based on 

ownership and control relationships disclosed 

on CFTC 102 Forms;

 Misreporting Report – identifies instances of 

potential under-reporting or over-reporting of 

positions or open interest by firms;

 Look Back/Look Forward Report – identifies

relative market participant trends and provides 

context to position activity over a period of 

time;

 Volume and Open Interest Report – provides 

total volume, high and low prices, initial and final 

open interest, and settlement prices for selected 

contracts; and

 Volume and Open Statistics Report – identifies

contracts whose volume or open interest levels 

deviate from established historical averages.

Summary of Monitoring Tools and Procedures

Before new products are launched, MS works with the 
16

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

Exchange Research Department to determine that the products 

are not readily susceptible to manipulation.

On a daily basis, MS analysts utilize the Large Trader Look 

Back/Look Forward Report (described above) to monitor 

changes in open interest positions and percentages. This 

Report is also used to evaluate and verify information on 

supply levels contained in a report that tracks underlying 

warrant holders (the Delivery Certificate Report). 

For financially-settled contracts, MS staff cross-references 

position concentrations to the underlying index. Staff 

typically tracks the underlying deliverable supply and demand 

inventories by having conversations with participants and 

suppliers on a daily basis, to determine whether liquidity 

issues could make the market vulnerable to manipulation. 

MS staff examines volume and open interest on a daily basis 

to track and aggregate positional data for market participants, 

detect trends and potential violative trading activity, and 

monitor delivery patterns. 

MS documents its findings in Expiration Summary Files and 

Quarterly Accountability Research Files. MS closed 98 

Expiration Summary Files and six Quarterly Accountability 

Research Files during the target period. Division staff 

reviewed 45 of the Expiration Summary Files and the six 

Quarterly Accountability Research Files, and found that the 

surveillance data and related findings they contained were 

sufficiently detailed and complete.

Globex, the Exchanges’ electronic trading platform, has ‘stop 

spike logic’ which prevents excessive price movements 

caused by cascading stop orders. Globex introduces a 

momentary pause in trade matching when triggered stops 
17

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

would cause the market to trade outside predefined values. 

Globex’s ‘velocity logic’ function is designed to detect market 

movement of a predefined number of points either up or down 

within a predefined time. Velocity logic introduces a 

momentary suspension in matching by transitioning the 

futures instrument(s) and related options into the 

Reserved/Pause State. If a stop spike or velocity logic event 

occurs on the Exchange, the CFTC is automatically alerted 

through email. 

Real-Time Monitoring of the Market

The Exchanges monitor the markets in real-time on a daily 

basis. Analysts in the three core asset class groups 

(Petroleum, Metals, and Natural Gas) monitor their markets 

through third-party data feeds, such as Bloomberg. These 

feeds provide price and volume information, news events, and 

economic reports that impact the analysts’ markets and 

comparable contracts traded on other exchanges. In addition, 

the CME Global Command Center, which provides market 

operations and customer service desk support for electronic 

trading, shares relevant information on market aberrations 

with MS staff. MS supplements its real-time monitoring with 

more detailed surveillance of market positions, which is 

usually performed on a T+1 basis. 

MS analysts review the markets on a real-time basis using 

CME E-Quotes, which has a real-time price and volume 

charting system, as well as a real-time Dow Jones news feed. 

MS analysts utilize the real-time view of trade data in

Regulatory Application for Processing In-memory Data

(“RAPID”) system for deeper analysis. The RAPID system 

analyzes the Globex trading engine in real-time and analyzes 

matched trade activity for every active firm/account in realtime. The system generates alerts (“RAPID Live Alerts”) 
18

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

whenever an account deviates from its established volume or 

position averages, or exceeds defined product-specific 

thresholds for position or volume.

During the target period, 1,137 RAPID Live Alerts were 

generated for the Exchanges. Although the Exchanges do not 

maintain an alert log, they do archive all RAPID Live Alerts 

and review them on a case by case basis to examine, for 

example, potentially unusual volume or position anomalies. 

MS reviews RAPID Live Alerts in conjunction with other 

tools such as RAPID, SMART, Large Trader and CME EQuotes. MS documents findings arising from this review in 

Expiration Summary Files and Quarterly Accountability 

Research Files (described above).

MS also utilizes the Market Activity Surveillance System

(“MASS”) to monitor live Globex market data and analyze 

price and volume changes in real-time. MASS generates 

contract-level alerts whenever an instrument deviates from 

defined thresholds. 

Resolving Disruptive Market Conditions

The Chief Regulatory Officer or his delegate may order any of 

the following actions, upon a good faith determination that 

there are substantial reasons to believe that such immediate 

action is necessary to protect the best interests of the 

Exchange: (1) any party may be denied access to any or all 

CME Group markets; (2) any party may be denied access to 

the Globex platform; (3) any party may be denied access to 

any other electronic trading or clearing platform owned or 

controlled by CME Group; or (4) any Member may be 

immediately removed from any trading floor owned or 

controlled by CME Group. 
19

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

The Business Conduct Committee (“BCC”) and the Clearing 

House Risk Committee (“CHRC”) also have the authority to 

suspend or deny access on an emergency basis under Rules 

402.C (BCC Emergency Actions) and 403.C (CHRC 

Emergency Actions), respectively. There were no emergency 

terminations or emergency suspensions of market participants 

for market surveillance matters during the target period.

§ 38.252 Additional

requirements for physicaldelivery contracts

For physical-delivery contracts, the

designated contract market must

demonstrate that it:

(a) Monitors a contract’s terms and

conditions as they relate to the underlying

commodity market and to the convergence

between the contract price and the price of

the underlying commodity and show a

good-faith effort to resolve conditions that

are interfering with convergence; and

(b) Monitors the supply of the commodity

and its adequacy to satisfy the delivery

requirements and make a good-faith effort

to resolve conditions that threaten the

When reviewing physically-delivered contracts, MS examines 

the composition of the market and evaluates substantive 

changes in that composition.14 MS seeks to proactively 

identify the potential for concentration or congestion that 

could indicate manipulative conduct, or otherwise threaten the 

orderly functioning of the market. Analysts monitor supply 

and demand fundamentals, the basis relationships between the 

cash price and the futures price, and spread relationships in 

order to identify market conditions or pricing anomalies that 

may pose risks to orderly market settlement.

MS analysts develop expertise on market participants and 

their trading strategies in the markets they oversee. They 

document the historical trading patterns in their market in 

Expiration Summary Files and Quarterly Accountability 

Research Files, which are shared with all MS staff. Prior to 

the spot month, analysts mainly track position concentrations 

and pricing to identify market participants, and understand 

their trading strategies and trading history, in order to detect 

None

 

14 The highest volume physically-delivered contracts traded on the Exchanges during the target period were as follows: (1) NYMEX – Crude Oil Futures, 

Henry Hub Natural Gas Futures, and RBOB Gasoline Futures; and (2) COMEX – Gold Futures, Copper Futures, and Silver Futures. 
20

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

adequacy of supplies or the delivery

process.

potential issues in the monitored contract before the front 

active month arrives. 

On a daily basis, MS analysts employ the Exchange Large 

Trader, SMART, and RAPID systems and applications to 

track the positions and trading activity of market participants. 

MS seeks to detect positions and trading patterns that may 

pose a threat to orderly and competitive markets, in both 

intraday and end-of-day time frames. Analysts track 

underlying market fundamentals and prices of products related 

to futures contracts by monitoring news, government reports, 

trade periodicals, and academic studies. Analysts also contact 

market participants to obtain market outlook, trading 

intentions, and market knowledge. In order to detect market 

anomalies, MS analysts monitor market prices, volume, open 

interest, and trading activity. Additional information follows 

below regarding MS’s surveillance of the supply of metals 

and energy products. 

 Metals. Metals depositories and warehouses are 

required to report the following information regarding 

their stocks on a daily basis: the total quantity of 

registered metal stored at the facility; the total 

quantity of eligible metal stored at the facility; and the 

quantity of registered and eligible metal received and 

shipped from the facility. (See NYMEX Rule 703.A 

(DESIGNATION AND OBLIGATIONS OF METAL 

SERVICE PROVIDERS).) Information regarding 

metal stock inventory is publicly posted on the CME 

Group website on a daily basis, via stock reports for 

registered and eligible material. MS tracks the 

deliverable supply based on these reports.

 Energies. MS tracks deliverable supply using weekly 
21

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

position information produced by the U.S. Energy 

Information Administration.

Rule 716 (DUTIES OF CLEARING MEMBERS) stipulates 

that clearing firms are responsible for ensuring their clients 

can take/make delivery.

MS analysts detect and investigate rule infractions by 

participants and intermediaries related to delivery, and make 

recommendations to their managers as to whether to open a 

formal case, continue to monitor, or close the matter.

MS may conduct heightened surveillance for a number of 

reasons, including any of the following: unusual 

concentrations of positions; unusual initiation, change or 

liquidation of positions; price differentials; price volatility; 

anomalies in price, basis, spread pricing, volume, or open 

interest; supply shortages or large demand interest in the 

underlying; complaints from market participants; political or 

governmental crises; or news stories that raise concern. MS 

would conduct heightened surveillance with the goal that none 

of the above conditions would disrupt the market or unduly 

affect a contract’s settlement or delivery.

During the target period, MS identified three expirations in 

which it conducted heightened surveillance in order to 

promote an orderly expiration. These expirations involved (i) 

concentrated positions, (ii) a shortage of the underlying, and 

(iii) low inventory of the deliverable supply. To address the 

low inventory of the deliverable supply, MS reduced the spotmonth position limit in one of the contracts. 

In connection with its analysis of the expiration of physicaldelivery contracts during the target period, Division staff 
22

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

reviewed the surveillance procedures, written files, and 

systems used by MS to conducted surveillance in order to 

promote an orderly expiration. MS documents its findings in 

Expiration Summary Files and Quarterly Accountability 

Research Files. MS closed 98 Expiration Summary Files and 

six Quarterly Accountability Research Files during the target 

period. Division staff reviewed 45 of the Expiration 

Summary Files, including the Expiration Summary Files of 

the three expirations for which MS conducted heightened 

surveillance, and the six Quarterly Accountability Research 

Files. Division staff found that the surveillance data and 

related findings they contained were sufficiently detailed and 

complete. The Division did not identify any issues involving 

the expiration of physical-delivery contracts during the target 

period.

§ 38.253 Additional

requirements for cash-settled

contracts

(a) For cash-settled contracts, the

designated contract market must

demonstrate that it:

(1) Monitors the pricing of the index to

which the contract will be settled; and

(2) Monitors the continued

appropriateness of the methodology for 

deriving the index and makes a goodfaith effort to resolve conditions, 

including amending contract terms where 

necessary, where there is a threat of

market manipulation, disruptions, or

distortions. 

Just as described in § 38.252 above, when reviewing cashsettled contracts, MS examines the composition of the market 

and evaluates substantive changes in that composition. MS 

seeks to proactively identify the potential for concentration or 

congestion that could be indicative of manipulative conduct or 

otherwise threaten the orderly functioning of the market. The 

same tools described above in § 38.252 are used by MS 

analysts to monitor the expiration of cash-settled contracts. 

For products that are cash-settled, analysts also focus on 

understanding the derivation of the cash pricing mechanism, 

and whether the mechanism can be manipulated to impact the 

value of futures positions. Analysts compare market data 

assembled from internal and external sources when examining 

whether the cash pricing mechanism is subject to manipulation. 

MS documents its findings in Expiration Summary Files and 

Quarterly Accountability Research Files, which are discussed 

None
23

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

(b) If a contract listed on a designated

contract market is settled by reference

to the price of a contract or

commodity traded in another venue,

including a price or index derived

from prices on another designated

contract market, the designated

contract market must have rules or

agreements that allow the designated

contract market access to information

on the activities of its traders in the

reference market.

above. 

In connection with its analysis of the expiration of cash-settled 

contracts during the target period, Division staff reviewed 45 of 

the Expiration Summary Files and six Quarterly Accountability 

Research Files. Division staff found that the surveillance data 

and related findings they contained were sufficiently detailed 

and complete. The Division did not identify any issues 

involving the expiration of cash-settled contracts during the 

target period.

§ 38.254 Ability to obtain

information

(a) The designated contract market must

have rules that require traders in its

contracts to keep records of their trading,

including records of their activity in the

underlying commodity and related

derivatives markets, and make such

records available, upon request, to the

designated contract market.

The Exchanges maintain two primary rules that provide the

Exchanges with the authority to obtain information from

market participants, and require those participants to retain 

their records:

 Rule 418 (Consent to Exchange Jurisdiction) – Any 

Person initiating or executing a transaction on or 

subject to the Rules of the Exchange directly or 

through an intermediary, and any Person for whose 

benefit such a transaction has been initiated or 

executed, expressly consents to the jurisdiction of 

the Exchange and agrees to be bound by and comply

with the Rules of the Exchange in relation to such 

transactions, including, but not limited to, rules 

requiring cooperation and participation in 

investigatory and disciplinary processes. There 

were no instances during the target period in which a 

market participant contested an Exchange’s

jurisdiction over the market participant.

 Rule 536.H (Retention of Records) - Each member 

and member firm and employees of the foregoing 

None
24

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/ 

Recommendations

must keep full, complete and systematic records, 

including records created or transmitted 

electronically, together with all pertinent data and 

memoranda, of all transactions relating to its 

business of dealing in commodity interests and 

related cash or forward transactions in accordance 

with CFTC Regulation 1.35. Written and electronic 

records must be retained for a minimum of five 

years in permanent form. Oral communications 

required to be recorded pursuant to CFTC 

Regulation 1.35(a) must be retained for a minimum 

of one year past the date on which the oral 

communication occurred. Oral communications 

recorded by the Exchange will be maintained by the 

Exchange for a minimum of one year past the date 

on which the oral communication occurred. All 

records required to be retained shall at all times be 

open to inspection by Exchange staff or any 

representative of the CFTC or the United States 

Department of Justice.

Rules 401 (Chief Regulatory Officer) and 406 (Probable 

Cause Committee (“PCC”)) allow MRD and the PCC to 

obtain relevant records pursuant to Rule 418. Rule 432.L.1 

(General Offenses) makes it a violation of Exchange rules to 

fail to: answer questions, appear before any investigative 

committee or hearing, or produce any records requested by 

authorized Exchange staff.

(b) A designated contract market with

participantstrading through intermediaries

must either use a comprehensive largetrader reporting system (LTRS) or be able

to demonstrate that it can obtain position

data from other sources in order to conduct

As noted above with respect to the Exchanges’ compliance 

with § 38.251, the Exchanges maintain daily large trader

information in the Large Trader System. The Large Trader

System allows MS to identify position limit violations, review

position accountability, monitor position adjustments, and 
25

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

an effective surveillance program. track the accuracy of data reported by market participants. 

The system also serves as the central regulatory repository for 

identification of market participants and trading accounts, by 

aggregating information received from CFTC Form 102 and 

reporting information required to be submitted under Rule 561 

(Reports of Large Positions). 

Core Principle 5 Position

Limitations or Accountability

§ 38.300 Core Principle 5

To reduce the potential threat of market

manipulation or congestion (especially

during trading in the delivery month), the

board of trade shall adopt for each contract

of the board of trade, as is necessary and

appropriate, position limitations or

position accountability for speculators. For

any contract that is subject to a position

limitation established by the Commission,

pursuant to section 4a(a), the board of

trade shall set the position limitation of the

board of trade at a level not higher than the

position limitation established by the

Commission.

Rule 559 (Position Limits and Exemptions) governs position 

limits and the hedge exemption application process. The 

position limit levels, which can be set up to 25 percent of the 

deliverable supply, are set forth in Chapter 5 in the Rulebook 

(see the Position Limit, Position Accountability and 

Reportable Level Table in the Interpretations & Special 

Notices Section), and programmed into the Large Trader 

System for Over the Limit (OTL) reports. The Large Trader 

Intraday OTL report identifies potential violations of intraday 

position limits, which are the same as end of day limits.

As of May 10, 2016, 1,136 NYMEX/COMEX contracts were 

subject to position limits (includes options and futures which 

exercise into contracts with position limits) and 1,154 

contracts were subject to accountability levels. 

Requirements for Exemption Requests

Applicants for exemptions from position limits pursuant to 

Rule 559 must provide information on ownership (i.e., all 

principal owners of the applicant by percent of ownership), 

clearing firms and accounts in which positions will be 

maintained, the risk management/trading department with 

authority over trading activity of the applicant, and the 

exemption level requested, among other information. 

Recommendation: The 

Exchanges should consider 

implementing a formal 

review process by which MS 

can verify that a market 

participant who has a

position larger than a 

position limit is, in fact, 

making use of an exemption 

consistent with the strategy 

described in their exemption 

application.
26

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

Applicants also agree to certain written conditions, including 

that the Exchange may condition or revoke an exemption 

based on the applicant’s business needs, financial status and 

integrity, or on the liquidity, depth and volume of the market 

for which an exemption is sought. 

In addition, Rule 559 states that in order to obtain an 

exemption from position limits, a person must: (1) Provide a 

description of the exemption sought, including whether the 

exemption is for bona fide hedging positions (as defined in 

CFTC Regulation §1.3(z)(1)), risk management positions, or 

arbitrage/spread positions. Furthermore, under Rule 559, a 

person must: “Agree to promptly submit a supplemental 

statement to the Market Regulation Department whenever 

there is a material change to the information provided in the 

most recent application.” 

During the target period, the Exchanges conducted nine “spot 

checks” of existing exemptions. The Exchanges should 

consider implementing a formal review process such that MS 

can confirm that market participants who have positions 

above the level of position limits are, in fact, trading 

consistent with their exemption for bona fide hedging 

positions, risk management positions, or arbitrage/spread 

positions, as indicated in their exemption application. 

Without such procedures, there is no way for the Exchanges 

to proactively verify that the strategy described on an 

exemption application is followed once the exemption is 

granted. 

Review of Exemption Requests

Applications for exemptions from position limits are 

submitted to the MS Hedge Team in connection with the 

following events: (i) during the annual renewal cycle (a 
27

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

calendar year beginning when the exemption was last 

granted); (ii) as a result of exceeding a position limit; or (iii) 

when a customer proactively requests an exemption prior to 

exceeding a position limit. Exemptions from position limits 

may be granted based on cash market exposure in the 

underlying commodity (or a related commodity), swap 

exposure, risk management, or arbitrage purposes. The MS 

Hedge Team is composed of staff that routinely process 

market participants’ requests to exceed position limits for 

hedging purposes. 

During the target period, the Exchanges received 344 hedge 

exemption applications. MS approved 139 (40%) at the level 

requested, approved 196 (57%) at a level less than requested, 

and denied nine (3%). Division staff reviewed 16 hedge 

exemptions, and found them to contain sufficiently detailed 

information submitted by the applicants to support their 

requests for the granting of an exemption of the position 

limits, along with appropriate justifications and sufficient 

documentation by MS in approving or denying the requests.

In particular, during the target period, the Exchanges received 

33 post-facto hedge exemption applications as a result of 

applicants exceeding a position limit (see clause ii above). 

MS approved 19 of these as requested, and approved 11 for 

less than requested. The other three post-facto exemption 

requests resulted in disciplinary sanctions for position limit 

violations under Rule 562. 

Rule 562 (Position Limit Violations) describes the processes 

that occur when position limits are exceeded. During the 

target period, MS closed 55 investigations involving potential 

violations of Rule 562. This resulted in disciplinary sanctions 

in 23 cases, involving 24 respondents. The sanctions 
28

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

consisted of 11 warning letters issued by MS, 11 fines issued 

by the BCC, and one case (involving two respondents) in 

which the BCC issued a fine to one respondent and a warning 

letter to the other. MS also closed 30 cases by approving

hedge exemptions, closed one investigation with no action, 

and closed one investigation with no violation found.15 

§ 38.301 Position limitations

and accountability

A designated contract market must meet

the requirements of parts 150 and 151 of

this chapter, as applicable.

Rule 560 (Position Accountability) governs position 

accountability levels, and sets the Exchanges’ regulatory 

authority to address positions that pose a potential threat to 

orderly trading. As noted above, the position limit and 

position accountability levels are set forth in Chapter 5 of the 

Rulebook and programmed into the Large Trader System for 

Over the Limit (OTL) reports. If MS identifies an account of 

concern, staff will contact the clearing member as deemed

appropriate to obtain further information. This may be 

triggered by the size or type of the position, a market 

participant holding a significant portion of open interest, 

uncharacteristic trading, or changes to market fundamentals.

During the target period, MS reached out to market 

participants in 42 instances in which market participants 

exceeded position accountability levels (10 at COMEX and 

32 at NYMEX). MS responded by conducting additional 

monitoring and took other actions, which included 

monitoring the positions on an intra-day basis, contacting the 

market participant for further information, and directing the 

None

 

15 Note that although the Exchanges have separated cases closed with “no action” and cases closed with “no violation found” in their records, the Exchanges 

informed Division staff that the two dispositions are functionally the same—i.e., no violation was found in cases closed with “no action”. 
29

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

participant to not increase or to reduce positions.

Regulations §§ 38.153 and 158

§ 38.153 Capacity to detect and 

investigate rule violations

A designated contract market must have 

arrangements and resources for effective 

enforcement of its rules. Such 

arrangements must include the authority to 

collect information and documents on both 

a routine and non-routine basis, including 

the authority to examine books and records 

kept by the designated contract market’s 

members and by persons under 

investigation. A designated contract 

market’s arrangements and resources must 

also facilitate the direct supervision of the 

market and the analysis of data collected to 

determine whether a rule violation 

occurred.

General Document Management Procedures

MS utilizes a third-party case management application to track 

the initiation and resolution of disciplinary matters. This 

application also serves as the document repository for all 

completed complaint, research, audit, investigation, arbitration

and disciplinary files. If a complaint is elevated to the case 

level, the complaint file is closed and a new case file must be 

created in the case management application.16 The two files 

are then linked.

Complaints- General Procedures

MS opens a complaint when it receives a referral from an 

external source, such as a regulatory agency like the CFTC, or 

a market participant. Complaints that cannot be substantiated 

are closed out administratively, while those that merit further 

review are elevated to the case level. For example, a CFTC 

referral or request is typically first logged as a complaint, and 

if the matter merits further review, it will be elevated to a case.

When a complaint is elevated to a case, the case will be crossreferenced with the original complaint within the system, or 

cross-referenced to another open case if the two matters are 

related. MS can issue warning letters for certain reporting 

infractions identified when MS is investigating complaints or 

preparing research files. 

None

 

16 Note that the Exchanges refer to a “case” and “investigation” interchangeably in their records and procedures documents.
30

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

Research Files- General Procedures

Research files are prepared on a monthly or quarterly basis. 

MS analysts record their daily surveillance activities in the 

files, along with the contract surveillance they conduct over 

the course of an individual contract’s life span. Research files 

also house the position accountability logs, and the monthly 

EFRP program and Large Trader program reviews. In 

addition, the files are used to track the surveillance of 

individual market participants by analysts, along with MS 

recommendations regarding such surveillance. MS analysts 

will record any contact they have with a market participant in 

the files. 

Most research files are recurring programmatic “repositories”

containing contract surveillance materials reviewed by 

analysts over the course of a contract life cycle. As a result, 

they are typically closed with no action. Any potentially 

violative trading activity discovered in the preparation of these 

files would usually result in a separate investigation.

§ 38.158 Investigations and

investigation reports

(a) Procedures. A designated contract

market must establish and maintain

procedures that require its compliance

staff to conduct investigations of

possible rule violations. An investigation

must be commenced upon the receipt of

a request from Commission staff or

upon the discovery or receipt of

Resolution of Complaints 

During the target period, 57 complaints were closed by 

MS, of which 21 originated from routine CFTC requests 

for additional information on market participants, 35 

originated from requests from clearing firms to transfer 

trades17 or customer accounts, and one was a customer 

complaint.

Resolution. During the target period, no complaints 

resulted in disciplinary actions by MS, or were elevated to 

None

 

17 On May 29, 2015, following the end of the target period, the Exchanges began designating transfer trade requests as research matters, rather than complaints. 
31

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

information by the designated contract

market that indicates a reasonable basis

for finding that a violation may have

occurred or will occur.

cases. 

Timeliness. The average length the 57 closed complaints 

remained open was 22 days. One matter, involving a denied 

transfer trade request, remained open for over 60 days 

(specifically, 67 days); and one complaint remained open for 

over 100 days (specifically, 102 days). The majority of the 

other 55 complaints (52 of 55, or 95%) were closed in 30 days 

or less. Division staff reviewed 28 of the 57 closed 

complaints (49%). Division staff found that MS researched 

complaints and documented its findings in a sufficiently 

thorough manner, and closed them in a timely fashion.

Resolution of Research Matters Originating from Research 

Files

During the target period, 140 research matters originating 

from research files were closed by MS. None of the 140 

matters were elevated to cases. Of the 140, 132 were nonEFRP related. 

Resolution. Of the 132 non-EFRP research matters, 122 were 

closed with no disciplinary action. As noted above, most 

research files contain only recurring programmatic 

repositories prepared on a monthly or quarterly basis, and are 

therefore typically closed with no action. The other 10 

matters were not elevated to cases but did result in disciplinary 

actions by MS. These matters involved 11 rather than 10 

respondents, because one matter had two respondents. 

MS issued warning letters to five respondents, and referred 
32

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

matters involving another six respondents to the Reporting 

Infractions Committee18 for violations of Rules 811 (Position 

Change Data) and 854 (Concurrent Long and Short Position). 

This Committee issued fines ranging from $1,000 to $7,500 

against the six respondents. 

Division staff reviewed 72 of the 132 closed non-EFRP 

research matters (55%), and found them to be sufficiently 

detailed repositories of the research and other contract 

surveillance that MS analysts conduct over the course of an 

individual contract’s life span. Division staff found that the 

research matters were closed in a timely manner, and that the 

sanctions imposed on the 11 respondents discussed above 

were adequate for the violations involved. 

Timeliness. The average length the 132 research matters 

remained open was 146 days. Of the 132 research matters: 18 

(13%) were open for 30 to 60 days; 30 (23%) were open for 

61 to 120 days; 42 (32%) were open for 121 to 180 days; 42 

(32%) were open for 181 to 365 days; and none was open for 

more than 366 days.

Case/ Investigation- General Procedures

MS maintains a Case Management Procedures document, 

which outlines the differences between a research file, 

complaint, and case (investigation). The Case Management 

Procedures document also describes the requirements for 

each, in terms of conducting investigations and logging and 

closing matters. MS also maintains written procedures for 

various programs (including position limit and position 

 

18 See Rule 512. 
33

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/ 

Recommendations

accountability), which are reviewed annually and updated, if 

necessary. 

MS elevates matters to the case level when there is a potential

that a violation has occurred, and further investigative work is 

required. Any potential position limit violations, transfer 

trade violations, or manipulation attempts are opened as 

cases. If MS identifies any other instances in which there is a 

potential for a violation, it will also open a case. 

If MS determines that a rule violation may have occurred, MS 

can refer the matter to the CME Group Enforcement division 

(“CME Enforcement”), or the Reporting Infractions 

Committee (see Rule 512). If a case is referred by MS to 

CME Enforcement, CME Enforcement can then close the 

case administratively, refer it back to MS for further 

investigation, or refer it to an Exchange disciplinary 

committee, such as the Probable Cause Committee (PCC) or 

the Business Conduct Committee (BCC).

As discussed below, if a case is closed with any type of 

disciplinary action, such as the issuance of a warning letter or 

a referral to CME Enforcement, the MS analyst conducting 

the investigation must prepare a formal Investigative Report 

containing all information relevant to the case. This report 

must be approved by authorized MS personnel at the manager 

or director level. If no violation is detected, a case can be 

closed out administratively by MS with a close-out memo.

The chart below summarizes the resolution of cases closed 

during the target period. The Division’s findings regarding 

the adequacy of the investigations in connection with the 

closed cases also appear below. 
34

19 Case/Investigation Chart (see discussion below) 

Resolution Number of Cases Number of 

respondents

Amount of fines

A No action taken20 33 33 None

B No violation found 3 3 None

C Post-facto approved hedge exemptions21 30 30 None

D Warning letters issued by MS 19 20 None

E Referred by CME Enforcement to BCC; 

closed with fines (no warning letters)

14 14 Fines totaling 

$402,500; 

$176,234 in 

disgorgements of 

profits

F Referred by CME Enforcement to BCC; 

closed with a fine for one respondent and 

warning letter for the other respondent

1 2 $15,000 fine; 

$4,020 

disgorgement of 

profit

H Referred by MS to Reporting Infractions 

Committee; closed with fine

1 1 $2,500 fine

J Physical delivery matter closed without action 

(no violation found)

1 2 None

Total 102 10522

 

19 Any complaints, research matters, or other matters not elevated to “case” status by MS are not reflected on this chart. 

20 Although the Exchanges have separated cases closed with “no action” and cases closed with “no violation found” in their records, the Exchanges informed 

Division staff that the two dispositions are functionally the same—i.e., no violation was found in cases closed with “no action”. 

21 These exemptions were approved pursuant to the following procedure in Rule 559: “A person who establishes an exemption-eligible position in excess of 

position limits and files the required application with the Market Regulation Department shall not be in violation of this rule provided the filing occurs within 

five (5) business days after assuming the position except in circumstances where the Market Regulation Department requires a person to file prior to the fifth 

business day. In the event the positions in excess of the limits are not deemed to be exemption-eligible, the applicant and clearing firm will be in violation of 

speculative limits for the period of time in which the excess positions remained open.” Post-facto exemption requests received pursuant to Rule 559 are always 

opened by MS as cases. As noted above, during the target period, the Exchanges received 33 post-facto exemption requests. MS approved 19 of these as 

requested, and approved 11 for less than requested, for a total of 30 post-facto approved hedge exemptions. The other three post-facto exemption requests 

resulted in disciplinary sanctions for position limit violations under Rule 562 (Position Limit Violations). 

22 The cases described above involved 73 unique respondents, and 105 total respondents; some respondents were involved in more than one case. 
35

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

§ 38.158 Investigations and

investigation reports (cont.)

(b) Timeliness. Each compliance staff

investigation must be completed in a

timely manner. Absent mitigating factors, a

timely manner is no later than 12 months

after the date that an investigation is

opened. Mitigating factors that may

reasonably justify an investigation taking

longer than 12 months to complete include

the complexity of the investigation, the

number of firms or individuals involved as

potential wrongdoers, the number of

potential violations to be investigated, and

the volume of documents and data to be

examined and analyzed by compliance

staff.

Timeliness of Case Resolutions

There were 102 non-EFRP cases closed during the target 

period, which resulted in the dispositions described in the 

chart above. Division staff reviewed 51 of the 102 closed 

cases (50%), and found the files to contain appropriate 

documentation, including trading records, transcripts of

interviews (when appropriate), and correspondence. The 

documentation was signed, and provided sufficient 

explanation for the closing of the case, whether through an 

investigative report involving a disciplinary action, or 

through a close-out memo, each of which are discussed 

below.

Of the 102 closed cases, 96 (94%) were closed in less than one 

year. On average, the cases remained open for 105 days. The 

six cases that were open for more than one year included 

mitigating factors which justified the cases being open for this 

length of time, including the complexity of investigations in 

manipulation cases, the number of documents that were 

requested or interviews involved, or the necessity for 

translations or interpreters for foreign language customers.

Fifteen of the closed cases (involving 16 respondents) were 

referred through CME Enforcement to the Business Conduct 

Committee (see chart above, Rows E and F). All 16 

respondents involved received disciplinary sanctions from the 

BCC: 15 fines ranging from $5,000 to $47,500, and one fine 

coupled with a warning letter. The sanctions were issued for 

violations of Rules 562 (Position Limit Violations), 716 

(Duties of Clearing Members), and 811 (Position Change 
36

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

Data).

(c) Investigation reports when a reasonable

basis exists for finding a violation.

Compliance staff must submit a written

investigation report for disciplinary action

in every instance in which compliance

staff determines from surveillance or from

an investigation that a reasonable basis

exists for finding a rule violation. The

investigation report must include the

reason the investigation was initiated; a

summary of the complaint, if any; the

relevant facts; compliance staff’s analysis

and conclusions; and a recommendation as

to whether disciplinary action should be

pursued.

Investigative Reports – Violation

MS must prepare an Investigative Report whenever it takes a 

disciplinary action (e.g., warning letter, referral to CME 

Enforcement, issuance of a fine, etc.). An Investigative Report 

will typically include exhibits such as account statements, 

relevant correspondence with respondents, system alerts and 

investigation reports compiled by staff, delivery instructions, 

and applicable forms filed by respondents. 

The Investigative Report must identify the relevant dates, 

product(s), and individual(s), in order to provide an objective 

description of the activity under review. The Investigative 

Report must also address the applicable Exchange rule(s) 

involved, any prior disciplinary history for any respondents, 

any conclusions by MS, and/or recommendations for CME 

Enforcement or any disciplinary panels (such as the Probable 

Cause Committee or Business Conduct Committee) that may 

consider the matter. These procedures are documented in MS’s 

Case Management Procedures.

MS prepared 62 Investigative Reports during the target period, 

of which Division staff reviewed 14 (23%). The Division 

found the quality of the investigative work in the Investigative 

Reports reviewed to be thorough and complete. MS 

investigators adequately collected, reviewed, and analyzed 

relevant data. In addition, the Division found that the 

Exchanges’ decisions to pursue disciplinary action were 

appropriate, and the cases were closed in a timely manner. 
37

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

(d) Investigation reports when no

reasonable basis exists for finding a 

violation. If after conducting an

investigation, compliance staff determines

that no reasonable basis exists for finding a

violation, it must prepare a written report

including the reason(s) the investigation

was initiated; a summary of the complaint,

if any; the relevant facts; and compliance

staff’s analysis and conclusions.

(e) Warning letters. No more than one

warning letter may be issued to the same

person or entity found to have

committed the same rule violation

within a rolling twelve month period.

Investigative Reports – No Violation

MS must prepare close-out memos when closing out 

complaints, or any cases that did not identify a violation or 

result in a referral to CME Enforcement. Close-out memos 

must identify the issue and explain why it is being closed with 

no further actions. Close-out memos must also be approved 

by authorized MS staff. These procedures are documented in 

MS’s Case Management Procedures. MS prepared 137 closeout memos during the target period, of which Division staff 

reviewed 51 (37%). The Division found the quality of the 

investigative work in the close-out memos reviewed to be 

thorough and complete. MS investigators adequately 

collected, reviewed, and analyzed relevant data, and 

completed the close-out memos in a timely manner.

Warning Letters

Twenty cases closed during the target period generated 

warning letters. MS staff issued warning letters in 19 cases, 

representing 20 individual respondents (see chart above, Row 

D). In addition, the BCC issued one warning letter (along 

with a fine) in a matter referred to the BCC via CME 

Enforcement (see chart above, Row F).

Eleven of the 20 cases that generated warning letters involved 

Rule 562 (Position Limit Violation); four involved Rule 716 

(Duties of Clearing Members); one involved Rule 432 

(General Offenses); one involved Rule 559.F (Position Limits 

and Exemptions – NYMEX Last Day Financial Natural Gas 

Contracts); one involved Rule 703 (DESIGNATION AND 

OBLIGATIONS OF METAL SERVICE PROVIDERS); one 

involved Rule 150106 (DELIVERY PROCEDURES – NY 

Harbor ULSD Futures); and one case, with two respondents,

involved both Rules 432 and 716. 
38

CFTC Regulation Findings Regarding the Exchanges’ Compliance Deficiencies/

Recommendations

Division staff reviewed seven of the 20 cases in which 

warning letters were issued (35%). MS staff determined that 

these cases typically involved simple administrative or clerical 

errors and very low overages, which MS determined did not 

disrupt the market or unduly impact settlements of contracts. 

The Division found the quality of the investigative work to be 

thorough and complete, and the investigations were closed in a 

timely manner. The Division also found that the warning 

letters issued were appropriate for the violations involved.

Consistent with the requirements of the Exchanges’ Case 

Management Procedures Manual, no respondent received 

more than one warning letter for the same rule violation 

during the target period.

Division findings

In conclusion, and as noted above, there were 102 non-EFRP 

cases closed during the target period. Division staff reviewed 

51 of the 102 closed cases (50%), and found the files to

contain the appropriate trading documentation and records, 

transcripts of interviews (when appropriate), and 

correspondence. The Division found the quality of the 

investigative work in the closed cases reviewed to be 

thorough and complete. MS investigators adequately 

collected, reviewed, and analyzed relevant data. In addition, 

the Division found that the Exchanges’ decisions whether or 

not to pursue disciplinary action were appropriate, and the 

cases were closed in a timely manner.