[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR11.8]

[Page 266]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 11_RULES RELATING TO INVESTIGATIONS--Table of Contents
 
Sec.  11.8  Sequestration.

    (a) Sequestration of witnesses. All witnesses and potential 
witnesses shall be sequestered and prohibited from being present during 
the examination of any other witness unless otherwise permitted in the 
discretion of the person conducting the investigation.
    (b) Sequestration of counsel. When a reasonable basis exists to 
believe that an investigation may be obstructed or impeded, directly or 
indirectly, by an attorney's representation of more than one witness 
during the course of an investigation, the member of the Commission or 
of the Commission's staff conducting the investigation may prohibit that 
attorney from being present during the testimony of any witness other 
than the witness in whose behalf counsel first appeared in the 
investigatory proceeding. To the extent practicable, consistent with the 
integrity of the investigation, the attorney will be advised of the 
reasons for his having been sequestered.

Appendix A to Part 11--Informal Procedure Relating to the Recommendation 
                       of Enforcement Proceedings

    The Division of Enforcement (``Division''), in its discretion, may 
inform persons who may be named in a proposed enforcement proceeding of 
the nature of the allegations pertaining to them. The Division, in its 
discretion, may advise such persons that they may submit a written 
statement prior to the consideration by the Commission of any staff 
recommendation for the commencement of such proceeding. Unless otherwise 
provided for by either the Director, a Deputy Director, the Program 
Coordinator, the Chief Counsel, an Associate Director, or a Regional 
Counsel of the Division, or a Regional Director of the Commission, such 
written statements shall be submitted within 14 days after persons are 
informed by the Division of Enforcement of the nature of the proposed 
allegations pertaining to them and shall be no more than 20 pages, 
double spaced on 8\1/2\ by 11 inch paper, setting forth their views of 
factual, legal or policy matters relevant to the commencement of an 
enforcement proceeding. Any statement of fact included in the submission 
must be sworn to by a person with personal knowledge of such fact. 
Statements shall be forwarded to the Director, Division of Enforcement, 
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st 
Street, NW., Washington, DC 20581, with copies to the staff conducting 
the investigation, shall clearly identify the specific investigation, 
and, if desired, may request that the statement be forwarded to the 
Commission. Similarly, persons who become involved in an investigation, 
and submit a written statement on their initiative, should follow the 
relevant procedures described herein. In the event the Division 
recommends the commencement of an enforcement proceeding to the 
Commission, any written statement will be forwarded to the Commission if 
so requested. The Commission may, in its discretion, consider all, any 
portion or none of the submission when it considers the staff 
recommendation to commence an enforcement proceeding.

[52 FR 19501, May 26, 1987, as amended at 60 FR 49334, Sept. 25, 1995; 
61 FR 1709, Jan. 23, 1996]

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