Commodity Futures Trading Commission 

 Office of Public Affairs 

 Three Lafayette Centre 

 1155 21st Street, NW 

 Washington, DC 20581 

 www.cftc.gov

Final Regulations Regarding Whistleblower Incentives and Protection 

The Commodity Futures Trading Commission (CFTC) announced the publication in the Federal Register of a Final 

Rulemaking concerning commodity whistleblower incentives and protection under the provisions of the DoddFrank Wall Street Reform and Consumer Protection Act.

Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) 

On July 21, 2010, the Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act. Among 

other things, section 748 of the Dodd-Frank Act amended the Commodity Exchange Act to provide whistleblower 

incentives and protection, and finance customer education initiatives. The Final Rules will be effective no later than 

60 days from publication in the Federal Register. 

• In section 748 of the Dodd-Frank Act, Congress amended the CEA by adding section 23, which directs the 

Commission to issue final rules implementing whistleblower incentives and protections. Specifically, section 

748 requires the Commission to pay awards to whistleblowers who are individuals that provide original 

information to the Commission, which leads to successful enforcement of a Commission action resulting in 

monetary sanctions exceeding $1,000,000. The amount of the award, as determined by the Commission, 

will be between 10 to 30 percent of sanctions collected in either the Commission’s action or a related action 

that is based upon the original information provided by the whistleblower. 

• The Commission will determine whether to grant an award, and the award amount (between 10 and 30 

percent of collected sanctions), based upon certain criteria. The Commission may exercise discretion in 

granting an award amount based upon the significance of the information, degree of assistance provided in 

support of a covered judicial or administrative action, programmatic interest, and any other criteria other 

than the balance of the Commodity Futures Trading Commission Customer Protection Fund. An award 

shall be denied to certain government employees and others who are statutorily ineligible. 

• A whistleblower may appeal certain Commission decisions including award denials and amounts to the 

appropriate U.S. Circuit Courts of Appeal. 

• Whistleblowers may receive an award based upon violations that occurred prior to the date of enactment of 

the Dodd-Frank Act (July 21, 2010). 

• Whistleblowers who submit original information after the date of enactment of the Dodd-Frank Act but 

before these proposed rules become effective, will also be eligible for an award provided they comply with 

the Commission’s procedures within one hundred and twenty (120) days of the rules’ effective date. 

• A whistleblower who has submitted information after July 16, 2011 may have a private cause of action for 

employment retaliation of whistleblower activities. Ineligibility to receive a whistleblower award from the 

Commission award does not preclude application of anti-retaliation protections. 

Commodity Futures Trading Commission ♦ Office of Public Affairs ♦ 202-418-5080 
Commodity Futures Trading Commission ♦ Office of Public Affairs ♦ 202-418-5080 

Public Comment 

On December 6, 2010 the Commission issued a Notice of Proposed Rulemaking to encourage comments to 

address specifically enumerated questions concerning the statutory provisions and any other rules the Commission 

should consider under the rulemaking authority of Section 748. 

The comment period closed on February 4, 2011. The Commission received comment letters from individuals, 

whistleblower advocacy groups, public companies, corporate compliance personnel, law firms and individual 

lawyers, professional associations, and nonprofit organizations. The comments addressed a wide range of issues, 

including the interplay of the proposed CFTC whistleblower program and company internal compliance processes, 

the proposed exclusions from award eligibility for certain categories of individuals or types of information, the 

availability of awards to culpable whistleblowers, the procedures for submitting information and making a claim for 

an award, and the application of the statutory anti-retaliation provision.

What changes were made to the final regulations from the proposed regulations? 

The final regulations are substantially similar to the proposed regulations. The Commission has also made minor 

changes to the final regulations to ensure consistency and promote harmonization with the Securities and Exchange 

Commission’s whistleblower final regulations and program.