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CFTC ends decades-old no-deny gag settlements, immediately freeing defendants and aligning with SEC

The CFTC has rescinded a decades-old no‑deny/gag settlement rule, changing how defendants may respond to agency enforcement actions.

Jun 4, 20266:16 AMNewsroom AI

The Commodity Futures Trading Commission has rescinded its long‑standing no‑deny settlement rule and abolished a 1998 gag restriction that limited settled parties from publicly defending themselves; the agency said the rule will be abolished immediately upon publication in the Federal Register [1] [2].

The change follows a similar move by the Securities and Exchange Commission in May and, according to reporting, gives defendants more room to dispute agency claims in enforcement cases in 2026 [2].

Industry outlets noted the policy shift alters how companies and individuals may resolve CFTC enforcement actions and characterized the decision as part of a broader change in enforcement practice [3] [4].

The repeal of the no‑deny/gag rule marks a procedural shift for the CFTC that will affect settlement negotiations and public statements by settled parties, with immediate effect upon Federal Register publication [1] [2] [3].

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