Who can receive a cash award for blowing the whistle to the CFTC?

There are three main eligibility criteria for whistleblowers under the CFTC program.

First, a whistleblower must have “original information.” To qualify as “original,” information must be based on the whistleblower’s independent knowledge or analysis, and not already known to the government or available in public media reports. The CFTC permits whistleblowers to submit claims based on independent analysis of public data, provided such analysis uncovers important insights about possible violations of the Commodity Exchange Act not evident from publicly available information.

Second, the whistleblower must voluntarily report the information to the CFTC. Information provided in response to a request, inquiry, or demand for the information will not qualify for a whistleblower award. The CFTC permits individuals to report information internally to their employers first. If a whistleblower reports the same information to the CFTC within 180 days of reporting internally, that individual will still be entitled to an award based on the information. That whistleblower may also receive credit for the results of any investigation the company undertakes and reports to the CFTC. 

Third, the information must relate to a violation of the Commodities Exchange Act and lead to a successful enforcement action resulting in monetary sanctions of at least $1 million.

There are no citizenship requirements for whistleblowers. Nor do whistleblowers have to work for the organization on which they are blowing the whistle. Certain individuals, however, are excluded from whistleblower eligibility. For example, in contrast to some other whistleblower programs, CFTC regulations do not permit payment of a whistleblower award to anyone convicted of a criminal violation related to the misconduct reported. CFTC regulations also prohibit employees of certain domestic and foreign regulatory authorities and law enforcement agencies from receiving an award.

To learn more about the CFTC whistleblower program and other similar programs, go to www.mololamken.com and follow us on LinkedIn. “Brilliant lawyers with courtroom savvy” — Benchmark Litigation. Copyright MoloLamken LLP 2025.