Financial Services Special Counsel Gary DeWaal will moderate the "Enforcing the Rules of the Game" panel at the Smart Financial Regulation Roundtable, hosted by the Mercatus Center at George Mason University and the Institute for Financial Markets (IFM), on Friday, November 3 at 10:30 a.m. The panelists will feature: Candice Aloisi, chief trial attorney, Commodity Futures Trading Commission (CFTC); Jerry Markham, professor, Florida International University College of Law; David Meister, former enforcement director, CFTC; Brian Kidd, deputy chief of the Securities and Financial Fraud Unit, U.S. Department of Justice. The panel will discuss the following:
- What is the philosophy of enforcement among market regulators?
- How can regulators use their enforcement programs to cultivate fair and orderly markets without discouraging beneficial market activities?
- How has the CFTC's enforcement program changed in light of the new powers it received under the Dodd-Frank Act?
- Will the CFTC's recent use of non-prosecution agreements for the first time lead the CFTC to take on more circumstantial cases, including cases that the CFTC historically would not have pursued?
- Should the risk of criminal prosecution be used as a deterrent?