CFTC adopts 30 percent presumption to speed whistleblower awards

The Commodity Futures Trading Commission (CFTC) has adopted a final rule amending its whistleblower award rules under section 23 of the Commodity Exchange Act (CEA), introducing a new “30 Percent Presumption” that sets smaller claims at the statutory maximum award and streamlines the claims process. Published in the Federal Register of September 16, 2026 (Vol. 91, No. 178, Rules and Regulations), the rule takes effect on October 16, 2026.

The amendments, codified at 17 CFR Part 165 (RIN 3038–AF74), are modeled on a similar provision in the Securities and Exchange Commission (SEC) whistleblower program rules. They aim to increase the efficiency, transparency, and predictability of the CFTC’s whistleblower claims process, which the agency says has been slowed by a labor-intensive, factor-by-factor review of every claim regardless of size.

The 30 Percent Presumption

Under new rule 165.9(d), whistleblowers whose claims would yield a maximum award of $5 million or less — corresponding to roughly $16.66 million in collected monetary sanctions — will presumptively receive the 30 percent statutory maximum, unless certain conditions apply:

• The claimant interfered with internal compliance or reporting systems, engaged in culpable conduct, or triggered rule 165.17;
• The claimant engaged in unreasonable reporting delay under rule 165.9(c)(2); or
• The Commission determines the presumption would be inappropriate because assistance was limited or the award would be inconsistent with the public interest.

When the presumption applies, staff will no longer need to assess the significance of the information, the degree of assistance, the Commission’s law enforcement interest, or participation in internal compliance systems. The CFTC estimates the presumption will apply to roughly 82 percent of meritorious whistleblower claims.

Streamlining and Technical Amendments

The rule also makes technical corrections to rules 165.10(a)(7) and 165.15 to reflect the Whistleblower Office’s (WBO) move in 2025, consistent with its adjudicatory functions, to the Office of the General Counsel (OGC). The agency expects the changes to shorten the average claim-to-award interval, which has exceeded 2.5 years, and to reduce incentives for claimants to contest Preliminary Determinations.

The CFTC received nine responsive comments during the comment period, which closed July 15, 2026. Most commenters, including Constantine Cannon, H Street Law, the National Whistleblower Center, Better Markets, and the Anti-Fraud Coalition, supported the proposal, while one commenter criticized it.

Program Track Record

Since the program began operating in 2011, whistleblower reports have contributed to enforcement actions resulting in over $3.3 billion in financial remedies, including approximately $160 million returned to harmed customers. From 2014 through calendar year 2025, the Commission granted 73 awards across 56 orders, totaling more than $395 million. In fiscal year 2024, whistleblowers were involved in approximately 42 percent of the Commission’s enforcement actions.

The rule is expected to strengthen incentives for reporting derivatives-market violations by making award outcomes more predictable and reducing delays, while preserving the Commission’s discretion to protect the public interest. For prospective whistleblowers, the change means smaller meritorious claims can now expect the statutory maximum award without the lengthy individualized review that previously applied.

Source: Federal Register, Vol. 91, No. 178, September 16, 2026, Rules and Regulations, p. 58576 (official reference: FR Doc. 2026-19006; RIN 3038–AF74).