What factors does the CFTC consider in determining the amount of the award?

Question
What factors does the CFTC consider in determining the amount of the award?
Answer

The Whistleblower Rules require that the Commission consider many factors in determining the amount of an award based on the unique facts and circumstances of each case. Rule 165.9.

The Commission may increase the award percentage based on:

1. the significance of the information you provided the Commission to the success of a CFTC action or Related Action;

2. the degree of assistance you provided;

3. the Commission's law enforcement interest in deterring violations of the commodities laws by making awards to whistleblowers who provide information that leads to the successful enforcement of these laws; and/or

4. whether, and the extent to which, you participated in your company's internal compliance systems.

The Commission may reduce the amount of an award based on:

1. whether you were involved in, or culpable for, the conduct you reported;

2. whether you unreasonably delayed reporting a violation to us; and/or

3. whether you interfered with your company's internal compliance and reporting systems.

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