Financial regulators, such as the Commodity Futures Trading Commission (CFTC), have traditionally prosecuted the perpetrators of fraud and market manipulation. Recently, futures regulators have increased their scrutiny of the supervisory procedures employed by registrants.1

The Commodity Exchange Act2 itself contains no explicit duty to supervise. However, the CFTC imposes supervision duties on commission registrants through Rule 166.3, which “is intended to protect customers by insuring that their dealings with employees of a registrant will be reviewed by other officials in the firm.”3 This regulation provides:

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