CFTCIn a recent interview with Law360 (subscription required), Chris Ehrman, the Director of the U.S. Commodity Futures Trading Commission’s Whistleblower Office, predicted that the number and size of the CFTC’s whistleblower awards will increase in the near future.   Ehrman also said that the agency will conduct “straight marketing” to ensure that potential whistleblowers are aware of the agency’s whistleblower bounty program.

The CFTC’s Whistleblower Program is similar to the SEC’s program in that whistleblowers who voluntarily provide the CFTC with original information about violations of the Commodity Exchange Act resulting in a $1 million or greater recovery are eligible to receive 10 to 30 percent of the monies collected.  Ehrman acknowledged that the CFTC’s whistleblower program, which paid its first award in May 2014 and has received only 227 whistleblower tips in fiscal year 2014 versus the SEC’s 3,620, has gotten off to a slower start than the SEC’s program.  Ehrman attributes the slow start to the fact that the CFTC, which is limited to regulating the commodities industry, has a “smaller footprint than the SEC.”  Ehrman also noted that, unlike the SEC, the CFTC does not have the authority to enforce Dodd-Frank’s anti-retaliation provision.

In the interview, Ehrman stated that he remains focused on marketing the CFTC’s Whistleblower Program to increase the number of whistleblower tips and complaints.  Ehrman touted the importance of the agency’s marketing efforts, noting that the CFTC’s functions are highly technical and, even within the financial services industry, there is a lack of familiarity and understanding of the agency’s purpose and jurisdiction.

In light of Ehrman’s statements, we can expect to see the number and frequency of CFTC whistleblower awards to increase in the near future.

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Photo of Noa Baddish Noa Baddish

Noa M. Baddish is a senior counsel in the Labor & Employment Law Department. She is a member of the Sports, Employment Litigation & Arbitration, Class and Collective Action, Wage & Hour and Whistleblower & Retaliation Practice Groups.

Noa’s practice concentrates on all…

Noa M. Baddish is a senior counsel in the Labor & Employment Law Department. She is a member of the Sports, Employment Litigation & Arbitration, Class and Collective Action, Wage & Hour and Whistleblower & Retaliation Practice Groups.

Noa’s practice concentrates on all aspects of labor and employment law. Her employment litigation practice in state and federal courts includes class and collective actions and defending claims of discrimination, harassment, breach of contract and violations of wage and hour laws. Noa represents Major League Baseball and its clubs in an ongoing litigation brought by current and former minor league players who allege minimum wage and overtime violations. In addition, Noa has represented clients in the media and entertainment and fashion industries in lawsuits brought by unpaid interns in wage and hour disputes.

Noa also provides significant assistance on counseling matters on a wide array of issues for clients in various industries, including, but not limited to, sports, law firms, financial institutions, media and fashion.

Noa has been recognized as a Rising Star by New York Super Lawyers since 2015. She has authored and contributed to several articles and newsletters on employment and labor topics, including “State Whistleblowing Laws Provide Whopping Verdicts,” New York Law Journal (January 2014). Noa is also a frequent contributor to the Firm’s Whistleblower Defense blog.

Previously served as Assistant General Counsel to the New York City Mayor’s Office of Labor Relations, Noa defended the Mayor and City agencies against both employee grievances at arbitration and improper practice petitions before the Board of Collective Bargaining. Prior to that, she was a Law Clerk to Judge Ellen L. Koblitz of the Appellate Division of the New Jersey Superior Court.

While in law school, Noa served on the Executive Board as notes and articles editor of the Fordham Urban Law Journal.