Foreign Corrupt Practices Act and the CFTC

The Commodity Futures Trading Commission (“CFTC”) Division of Enforcement recently announced an Enforcement Advisory on self-reporting and cooperation for violations of the Commodity Exchange Act (“CEA”) involving foreign corrupt practices. Traditionally the FCPA has been enforced exclusively by the DOJ for criminal offenses and the SEC for civil offenses. The CFTC already has open investigations into alleged foreign bribery, according to the agency’s enforcement chief, James McDonald, who announced the new enforcement policy during a speech to the ABA’s National Institute on White Collar Crime in New Orleans.

To view the press release, please click here.

About Kennyhertz Perry’s Commodities, Futures, and Derivatives Practice Group

Kennyhertz Perry advises clients on a wide range of commodities and derivatives regulatory matters.  Kennyhertz Perry has experience in all types of derivative transactions and design structures to meet clients’ specific trading, financial and/or credit needs.  The roots of the practice are in the commodities markets, where Kennyhertz Perry partner Braden Perry spent time as a Senior Trial Attorney with the Commodity Futures Trading Commission.  Our lawyers regularly advise our clients on compliance with the complex laws and regulations governing the securities and derivatives industries, including the Commodity Futures Modernization Act of 2000, the Commodity Exchange Act, the Gramm-Leach-Bliley Act, the Securities Acts of 1933 and 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, the SEC and CFTC regulations, the rules of the various derivatives exchanges and clearinghouses and other industry self-regulatory organizations and the “Blue Sky” state securities laws. Keeping abreast of regulatory developments is imperative, and enables our lawyers to guide clients on comment-making about proposed legislation and regulation, provide ongoing operational and compliance counseling, and offer advice on appropriate modifications of transaction structure and documentation.

Clients also benefit from Kennyhertz Perry’s experience in related areas of law, such as litigation, banking, securities, insurance, and its regular practice before the Commodity Futures Trading Commission. Leaders in the financial industry choose Kennyhertz Perry because the firm’s lawyers tailor their advice to the unique issues presented by each matter they han

About Kennyhertz Perry’s FCPA Due Diligence Practice Group

Companies can now avoid FCPA prosecution by instituting an effective, functioning compliance program. Routine FCPA Due Diligence is a critical component in maintaining an FCPA compliance program. Experienced, and attuned to details, Kennyhertz Perry’s investigations are unparalleled in quality, exceeding FCPA’s standards. Partnering with Kennyhertz Perry will provide you with the transparency your company needs to stay ethical.

To learn more about Kennyhertz Perry, LLC, please visit

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