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  • CFTC Status During the 2025 Government Shutdown

    Are you wondering why the price of gold and silver has been reduced by over 10% in the past week? The CFTC is responsible for ensuring the banks and brokerages adhere to what passes as regulation?

    The purpose of the Commodity Futures Trading Commission (CFTC) is to protect the public from fraud and manipulation in the futures, options, and swaps markets, and to foster open, competitive, and financially sound markets. It achieves this by enforcing the Commodity Exchange Act, regulating the derivatives markets, investigating and prosecuting violations, and overseeing market participants. 

    From Grok:

    As of October 29, 2025, the U.S. federal government is in a partial shutdown that began at 12:01 a.m. EDT on October 1, 2025—the first in nearly seven years—due to a failure to pass a continuing resolution (CR) amid disputes over spending, health care tax credits, and appropriations for Fiscal Year 2026. This shutdown, now in its 29th day, has furloughed hundreds of thousands of federal employees and disrupted non-essential services, with no resolution in sight as Senate votes to end it (e.g., the 13th attempt on October 28) continue to fail.

    The Commodity Futures Trading Commission (CFTC) is currently operating on a curtailed basis—meaning it is partially shut down but not fully closed or on vacation. Here’s a breakdown:

    Key Operational Details

    Staffing: Out of approximately 543 employees, only about 31 (roughly 5.7%) are designated as “excepted” and continue working without pay (back pay is typically provided post-shutdown). These focus on essential functions to protect markets and prevent fraud.

    Core Functions Maintained:

    Market oversight and surveillance to ensure exchanges (e.g., COMEX for silver futures) remain operational and prevent manipulation or abuse.

    Enforcement of urgent actions, such as halting fraudulent activities.

    Emergency responses to protect life, property, or financial stability.

    Suspended or Delayed Activities:

    Rulemaking, policy development, and Dodd-Frank Act mandates are paused.

    Reviews of new registrations, interpretive guidance, no-action letters, or exemptive orders are halted—firms should expect delays.

    Non-urgent investigations, examinations, and advisory services are deferred.

    Impact on Regulated Entities: Derivatives markets continue trading, but without full CFTC staffing, there’s heightened risk of undetected issues. Filing systems remain open for submissions, but processing is limited.

    This aligns with the CFTC’s pre-planned “Lapse in Appropriations” contingency order issued on October 1, 2025, which prioritizes market integrity during funding lapses. The agency is not “on vacation”—essential personnel work unpaid—and full resumption awaits congressional action on funding.

    For the latest, monitor the CFTC’s website or official notices. If the shutdown ends (e.g., via a clean CR), operations would ramp up quickly.

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