CFTC proposes 30% whistleblower payout presumption for cases up to $5 million

  • CFTC proposed a rebuttable presumption granting eligible whistleblowers the statutory maximum award.
  • Awards covering $5 million or less would start at 30% of collected monetary sanctions.
  • CFTC’s program has distributed over $430 million since its first payout in 2014.

The Commodity Futures Trading Commission (CFTC), the U.S. derivatives regulator, has proposed a rule creating a rebuttable presumption that eligible whistleblowers receive the statutory maximum 30% award when the total award pool is $5 million or less. Roughly 82% of historical CFTC whistleblower awards fall within that category. Under the Commodity Exchange Act, awards currently range from 10% to 30% of monetary sanctions exceeding $1 million, with each case subject to a fact-specific determination. The proposed rule under 17 CFR Part 165 would streamline that process while allowing the presumption to be challenged. It is modeled on SEC Rule 21F-6(c) and is intended to harmonize the two agencies’ practices. The program, established under Section 748 of the Dodd-Frank Act in 2010 and operational since 2011, has paid more than $430 million to whistleblowers tied to over $3.7 billion in monetary sanctions. The CFTC awarded more than $8 million to five whistleblowers on June 1, 2026. Chairman Michael S. Selig described the changes as an efficiency measure and a sign of institutional support, while Director Raagnee Beri was appointed to lead the whistleblower office in April 2026. The proposal was published on June 11, 2026, public comments closed on July 15, 2026, and no final rule adoption had been announced as of September 11, 2026.

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