Overview
- The CFTC announced the rescission on Wednesday, June 3, 2026, formally removing the Appendix A to Part 10 rule that for nearly three decades had blocked settlements when a defendant continued to deny enforcement allegations.
- The agency said the move aligns its practice with most federal regulators and will give staff more flexibility to resolve cases faster and conserve enforcement resources so money can be returned to injured parties sooner.
- The Commission will not enforce existing no‑deny clauses in prior settlements, but it kept full discretion to settle without admissions or to negotiate admissions when the public record or legal need requires them.
- Crypto firms are a key part of the debate because past deals, including Gemini’s January 2025 $5 million settlement, were resolved without admissions or public denials and those cases have sharpened calls for change.
- The shift could change bargaining and public narratives in future cases by letting defendants protect reputations publicly, altering litigation choices for companies and private plaintiffs, and prompting courts and regulators to adapt how they record and argue facts.