CFTC Adopts 30 Percent Presumption For Smaller Whistleblower Awards

On September 11, 2026, the Commodity Futures Trading Commission (“CFTC” or “the Commission”) announced that it had approved a final rule amending its whistleblower rules to increase presumptive payouts for smaller awards. The new rule, which will go into effect on October 16, 2026, adds the presumption that where the amount collected would yield a maximum award of $5 million or less, the awardee will receive 30 percent of the monetary sanctions collected, the statutory maximum, if that individual meets certain conditions in rule 165.9(d)(1)(ii)-(iv).

Under the new rule, the presumption will apply unless the CFTC concludes that:

1. The awardee is culpable or involved in the reported or related activity;
2. The report was unreasonably delayed;
3. The awardee interfered with internal compliance and reporting systems;
4. The awardee provided limited assistance to the CFTC; or
5. Applying the presumption would be inconsistent with the public interest or the objectives of the Whistleblower Program.

For matters with multiple awardees where there is a maximum award of $5 million or less, the aggregate award will be set at 30 percent if at least one awardee qualifies for the presumption, with a greater share allocated to those who satisfy the conditions in the new rule.

The CFTC stated that the new rule, which is modeled after SEC rule 21F-6(c), is intended to increase harmony between the two agencies, while also enhancing the efficiency, transparency, and predictability of whistleblower awards. Currently, all awards, which range from 10 percent to 30 percent of the monetary sanctions collected, are determined through a factor assessment process. With around 82 percent of meritorious whistleblower claims expected to qualify for the new 30 percent presumption, the CFTC said it expects to be able to allocate resources to larger, more complex matters going forward.

The CFTC has awarded over $580 million to whistleblowers associated with over $5.1 billion in monetary sanctions since its first award in 2014, and this change will likely further incentivize individuals to submit tips in hopes of recovering whistleblower awards.