Before filing a complaint, you must choose which of the three types of reparations proceedings you wish to submit — voluntary proceeding, available for claims of any amount; summary proceeding for claims of $30,000 and less; or formal proceeding for claims greater than $30,000.
For more information about these proceedings, the collection of evidence, or other details, see the Reparations Program FAQs.
Voluntary Proceedings
Voluntary proceedings are available for claims of any amount. This is the quickest option since it does not involve a hearing or allow appeals. Cases are decided by a Administrative Judge solely on the basis of written submissions and exhibits provided by the parties.
- Filing fee. The non-refundable filing fee for voluntary proceedings is $50. You must submit the fee with the complaint.
- Consent by all parties. All parties must consent to using a voluntary proceeding — those alleging violations (complainants) and those against whom the complaint has been filed (respondents). All parties waive certain rights in voluntary proceedings. If any respondent does not consent to a voluntary proceeding, the claim will be adjudicated as either a summary proceeding or a formal proceeding, depending on the amount of the claim. The respondent who did not consent must pay any increase in the filing fee.
- Evidence. The Administrative Judge will not investigate your case for you. You must collect and submit to the Administrative Judge all information and evidence supporting your claim of a violation along with your calculation of damages. The respondents will provide evidence in support of their defense.
- No oral hearing. Voluntary proceedings do not allow oral hearings.
- Decision. A CFTC Administrative Judge will decide the case based on the documents submitted by you and the respondents. The decision is final and cannot be appealed. The Administrative Judge will issue a brief final decision as to whether a violation has been proven, and if so, the amount of the reparations award. The final decision will not contain findings of fact or any other explanation of the Administrative Judge's conclusions.
- Award. The award cannot exceed the amount of damages claimed in the complaint. Interest and costs (except the filing fee) are not awarded. However, if you prevail, post-judgment interest will be awarded.
- No appeal. Voluntary proceeding results are final and cannot be appealed. The result will not contain factual findings or discuss the basis of the decision.
Summary Proceedings
If your claim is $30,000 or less and you choose not to opt for a voluntary proceeding, you must select a summary proceeding. Cases are decided by a Administrative Judge on the basis of written submissions and exhibits provided by the parties and, if necessary, by an oral hearing.
- Filing fee. The non-refundable filing fee for summary proceedings is $125. You must submit the fee with the complaint. If you choose a voluntary proceeding and one or more of the respondents does not consent to use a voluntary proceeding, your claim will be decided using a summary proceeding if it involves $30,000 or less. The respondent who did not consent to the voluntary proceeding must pay the $75 difference in the filing fee.
- Evidence. The Administrative Judge will not investigate your case for you. You must collect and submit to the Administrative Judge all information and evidence supporting your claim of a violation along with your calculation of damages. The respondents will provide evidence in support of their defense.
- Oral hearing. The Administrative Judge will determine whether an oral hearing is necessary. Normally, the oral hearing will be held via a telephone conference call. If both sides request an in-person hearing, and the Administrative Judge grants the request, one can be held in Washington, D.C.
- Decision. The Administrative Judge's decision will contain findings of fact and conclusions of law explaining the decision.
- Award. Awards cannot exceed $30,000, plus prejudgment and post-judgment interest, the filing fee, and any other costs the Administrative Judge deems recoverable.
- Appeal. The losing party may appeal, first to the CFTC and then to a U.S. Court of Appeals. There is a $50 appeal filing fee.
Formal Proceedings
If your claim is for more than $30,000 and you did not select the voluntary proceeding option, you must select a formal proceeding. Your case will be decided by a Administrative Judge or administrative law judge on the basis of written submissions and exhibits provided by the parties and by an oral hearing.
- Filing fee. The non-refundable filing fee for formal proceedings is $250. You must submit the fee with the complaint. If your claim is for more than $30,000 and you choose a voluntary proceeding but one or more of the respondents does not agree, your claim will be decided using a formal proceeding. In that case, the respondent must pay the $200 difference in filing fees.
- Evidence. The Administrative Judge or administrative law judge will not investigate your case for you. You must collect and submit to the Administrative Judge or administrative law judge all information and evidence supporting your claim of a violation along with your calculation of damages. The respondents will provide evidence in support of their defense.
- Oral hearing. Normally, an in-person oral hearing will be held. It will be scheduled by the Administrative Judge or Administrative Law Judge. They will consider the convenience of all parties when selecting the hearing location and time.
- Decision. The Administrative Judge’s or Administrative Law Judge's decision will contain findings of fact and conclusions of law explaining the decision.
- Award. Awards generally may not exceed the amount of the damages claimed, plus prejudgment and post-judgment interest, the filing fee, and any other costs the Administrative Judge or Administrative Law Judge deem recoverable.
- Appeal. The losing party may appeal, first to the CFTC and then to a U.S. Court of Appeals. There is a $50 appeal filing fee.