Shifting Enforcement Priorities at the CFTC and the SEC
Author: Ellen M. Wheeler.; James G. Lundy.; Cassandra M. Aubert.
Source: Volume 58, Number 21, December 1 2025 , pp.301-308(8)
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Abstract:
Under the new administration, priorities have shifted at the Commodity Futures Trading Commission and the Securities and Exchange Commission, particularly with the enforcement divisions at both agencies — which had faced widespread internal and external criticism. Both the CFTC and SEC are undergoing structural changes as a shift away from regulation through enforcement. This article discusses these developments in detail.Keywords: “Back to Basics;” “Ending Regulation by Prosecution;” Decisions Not to Pursue Enforcement; Kalshi; “Project Crypto”
Affiliations:
1: Foley & Lardner LLP; 2: Foley & Lardner LLP; 3: Foley & Lardner LLP.