Can I request to review a copy of the materials considered in making the Preliminary Determination?

Question
Can I request to review a copy of the materials considered in making the Preliminary Determination?
Answer

Yes. The materials considered by the CFTC are referred to as the "record". You have 30 days from the date of the Preliminary Determination to request that the Whistleblower Office make the record available. You should submit your request in writing to the Whistleblower Office by email, mail, or fax:

Commodity Futures Trading Commission
Whistleblower Office
1155 21st Street, NW
Washington, DC 20581

Fax: (202) 418-5975

Email: [email protected]

The Whistleblower Office will then make the record available to you. The specific items that make up the record are listed in Whistleblower Rule 165.10. These may include any documents or materials received or obtained by the Whistleblower Office to assist the Commission in resolving a whistleblower's award claim pertaining to a Related Action, as long as the entity bringing the Related Action has authorized the Commission to share the information with the whistleblower. Note that the record does not include any pre-decisional or internal deliberative process materials that are prepared to assist the CFTC in deciding a claim. In order to provide the record to a claimant and preserve confidentiality, the Whistleblower Office will redact any information that would identify any other whistleblowers. In addition, you will need to sign an agreement saying you will keep the record materials confidential and not share them with others. Rules 165.7(g), 165.10, 165.13(b)

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