CFTC Enforcement Focus on DeFi

September 14, 2023

The CFTC has announced three enforcement actions this month that further cement the CFTC’s jurisdiction over the decentralized finance space (“DeFi”). Back in 2022, the CFTC filed its first DeFi cases, including the Polymarket enforcement action and the Ooki DAO enforcement action where the CFTC alleged for the first time that DeFi platforms as well as decentralized autonomous organizations (“DAOs”) could be deemed a “person” under the Commodity Exchange Act of 1936 (“CEA”) and would therefore be subject to CFTC’s regulations.

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