Importance of Self-Reporting in Regulatory Compliance Highlighted at New York City Bar Association Conference

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Ian McGinley U.S. CFTC Director, Division of Enforcement | https://www.pli.edu/faculty/ian-mcginley-i2101037

Importance of Self-Reporting in Regulatory Compliance Highlighted at New York City Bar Association Conference

Ian McGinley, a prominent figure in regulatory compliance, addressed the New York City Bar Association Futures and Derivatives Committee Conference. McGinley expressed gratitude for the opportunity to speak to members of the derivatives bar, emphasizing the importance of self-reporting in regulatory matters.

McGinley highlighted the significance of self-reporting as a means to uncover misconduct that may go unnoticed otherwise. He stressed that self-reporting not only reveals specific wrongdoing but also acts as a deterrent to future misconduct. McGinley acknowledged the role of various sources, including Whistleblowers, in generating leads for regulatory bodies.

While discussing the benefits of self-reporting, McGinley underscored the need for trust and cooperation between entities and regulators. He emphasized the mutual reliance on truthfulness and cooperation to facilitate successful negotiations and resolutions in regulatory cases.

Regarding the process of self-reporting, McGinley outlined the criteria for qualifying for self-reporting credit, including timely disclosure of relevant facts and cooperation with investigations. He noted that self-reporting, cooperation, and remediation are essential components in earning reduced penalties in regulatory actions.

McGinley also touched upon the role of the Whistleblower Program in regulatory enforcement, highlighting its success in providing credible tips and expediting investigations. He mentioned a recent whistleblower award of approximately $1.25 million as evidence of the program's effectiveness in encouraging reporting of misconduct.

In conclusion, McGinley emphasized the significant benefits of self-reporting in regulatory compliance. He highlighted that while self-reporting is not a replacement for broader market policing efforts, it plays a crucial role in uncovering misconduct and fostering a culture of compliance within industries subject to regulatory oversight.

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