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#4253-99
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April 13, 1999
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CFTC Notifies the Minneapolis Grain Exchange of
Its Results
of a Rule Enforcement Review
The Commodity Futures Trading Commission (Commission) has notified the
Minneapolis Grain Exchange (MGE) of the results of a rule enforcement
review completed by the Commission's Division of Trading and
Markets (T&M). The purpose of the review was to evaluate MGE's
trade practice surveillance and disciplinary programs for compliance with
the Commodity Exchange Act and Commission regulations. The target period
for the review was July 1, 1997 to June 30, 1998.
T&M found that MGE generally maintains an adequate trade practice
surveillance program. Compliance investigators review daily MGE's
trade register and other computerized reports, and conduct floor
surveillance at various times during the trading session to identify
potential violations. However, T&M found unduly lengthy delays in
completing investigations, some of which were open more than two years.
T&M attributed the delays, in large part, to the very high turnover
rate among investigators that MGE experienced during the target period,
which severely impacted the overall level of staff expertise.
As a consequence of the high staff turnover and the resultant inability
to complete investigations in a timely manner, there were no trade
practice investigations referred to disciplinary committees during the
target period. Therefore, T&M was unable to evaluate fully the
effectiveness of MGE's disciplinary program. T&M did find,
however, that MGE issued multiple staff reminder and warning letters to
three members who repeatedly violated the same rule, rather than issuing
monetary or other sanctions to deter recidivism. In this regard, T&M
recommended that MGE establish written guidelines or promulgate rules
which would severely limit the number of disciplinary letters that can be
issued to members before meaningful sanctions, such as monetary penalties
or suspensions, are assessed against repeat offenders.
MGE will have 60 days to respond to T&M's recommendations.
Copies of the report are available from the Commission Office of Public
Affairs, Three Lafayette Centre, 1155 21st Street, N.W.,
Washington, D.C. 20581, (202) 418-5080, or by accessing the
Commission's website at
www.cftc.gov.