Holiday "Gifts" from the Nation's Capitol

A Contrasting Pair of Pay-to-Play Reprieves Emerge in the District

By Ben Keane and Stefan Passantino

Just in time for the holiday season, an unexpected present from the U.S. Commodity Futures Trading Commission (CFTC) has found its way under the tree of a group that was most likely expecting to receive coal in its pay-to-play stocking. “Swap dealers”, the target of increased pay-to-play scrutiny from the CFTC over the past year, recently received the gift of thoughtful pay-to-play enforcement restraint from the Commission’s Division of Swap Dealer and Intermediary Oversight (DSIO). Meanwhile, a similar enforcement reprieve has also been given by the D.C. Council to the city’s municipal government contractors, a popular target among pay-to-play reform groups – although perhaps not for the same reason. The gifts brought to the manger might be the same, but the wisdom of the bearers … not so much.

Continue Reading...

CFTC Pay-to-Play Rules: Does this Mean I have to Dissolve my PAC?

The Commodities Futures Trading Commission (CFTC) has joined its social network of federal regulators (which includes MSRB and the SEC) in imposing wide-ranging and punitive pay-to-play restrictions on the financial world. The CFTC’s new rule, 23.451, imposes contribution prohibitions on “swap dealers” (discussed in nauseating technical detail here) and highlights the challenges for the regulated community in seeking to comply with the details of broad-brush government restrictions.

Continue Reading...