This Advisory
Notice supersedes CME & CBOT Market Regulation Advisory Notice RA0805-3 from March 12, 2008,
and is being updated and reissued based on changes to CME & CBOT Rule 536.F. (“CTR Enforcement
Program and Sanction Schedule”).
Rule 536.F. has
been amended to eliminate the exception program related to missing quotes and to modify the fining
schedule for individual member violations by adding fine levels of $250 and $2,500. The text of amended Rule 536.F. pertaining to the CTR
enforcement program is reproduced below and is followed by an updated FAQ section beginning on page
3 of this Advisory Notice.
536.F.
CTR Enforcement Program and Sanction Schedule
CTR Monthly Enforcement
Program
The CTR threshold levels for
members with 100 or more transactions per month are as follows:
Exception Type
Threshold Level
Bracket Exceptions
8% and above
Time of Execution for
Verbal Orders
8% and above
Sequence Errors
8% and above
A letter of warning shall be
issued for a first occurrence of exceeding any threshold. Subsequent occurrences within 12 months of exceeding
a threshold shall result in automatic fines starting at $250, and then increasing to $500, $1,000,
$2,500, and $5,000 for each subsequent occurrence.
A member will have 15 days
after receipt of a letter of warning or a fine to present evidence to the Market Regulation
Department in support of having the letter of warning or fine dismissed showing that
administrative, clerical, or other errors by the clearing firm caused the member to exceed the
threshold level. If the member does not submit such evidence, or if
the Market Regulation Department determines that the evidence submitted is insufficient to reduce
the percentage below the threshold level, the letter of warning or fine shall be final and may not
be appealed.
The monthly CTR enforcement of
timestamp exceptions for firms with 1,000 or more transactions per month is 8% and above. A letter of warning shall be issued for a first
occurrence of exceeding the threshold. Subsequent occurrences within 12 months of exceeding
the threshold shall result in automatic fines starting at $1,500 for the second occurrence, then
increasing to $5,000 and $10,000 for each subsequent occurrence.
A firm will have 15 days after
receipt of a letter of warning or a fine to present evidence to the Market Regulation Department in
support of having the letter of warning or fine dismissed. If the firm does not submit such evidence, or if the
Market Regulation Department determines that the evidence submitted is insufficient to reduce the
percentage below the threshold level, the letter of warning or fine shall be final and may not be
appealed.
Notwithstanding the provisions of this Section, the Market
Regulation Department may, at any time, refer matters that it deems egregious to the Probable Cause
Committee.
Questions
regarding this Advisory Notice should be directed to the following individuals in Market
Regulation:
Lou
Abarcar, Associate Director 312.341.3236
Terry Quinn, Manager
312.435.3753
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