Self-reporting cooperation involves an entity voluntarily disclosing instances of regulatory non-compliance or security breaches to relevant authorities. This proactive disclosure often occurs with the expectation of more lenient penalties or a more collaborative resolution process. It demonstrates an organization’s commitment to transparency and compliance.
Context
In the digital asset regulatory landscape, self-reporting cooperation is increasingly encouraged by agencies like the CFTC and SEC as a factor in enforcement decisions. News frequently highlights cases where firms have received reduced sanctions due to their voluntary disclosure and cooperation with investigations. This approach helps regulators gain insights while potentially benefiting the reporting entity.
The CFTC's new enforcement directive elevates the burden of proof, shifting the legal risk profile from strict liability to willful intent for non-fraudulent registration failures.
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