Commodity Futures Trading Commission (CFTC) Defense Attorney in Miami, Florida

The request may have come as a subpoena for your trading records, an email from enforcement staff asking to "set up a call," or a warning from your employer that regulators want your chat messages. However it reached you, a CFTC inquiry means federal investigators are building a record about your futures, swaps, forex, or digital-asset activity.  

At Frank J. Gaviria, P.A, we step between you and the government early, before an informal conversation turns into sworn testimony that is difficult to take back. If you are in Miami or elsewhere in South Florida, we can defend you in CFTC investigations and the federal cases that can follow. 

Our federal criminal defense background matters here, because CFTC matters can run alongside Justice Department prosecutions or lead to them. Contact us to discuss what you received and what it may mean for you. 

Taking Over Communications With CFTC Enforcement Staff 

Once we are retained, we become your point of contact with the CFTC's Division of Enforcement, so you don't have to answer questions alone or guess what the government already knows.  

Many investigations begin with voluntary requests that sound routine. If the Commission authorizes a formal investigation, staff can issue subpoenas for documents and compel testimony under oath. 

Anything you say, whether in a casual phone call or a recorded interview, can later be used in a civil case or shared with federal prosecutors. Before any interview or testimony, we assess how staff appear to view your role, weigh whether invoking your Fifth Amendment rights makes sense, and prepare you thoroughly if testimony goes forward. 

Responding to Subpoenas and Protecting Your Records 

We review every subpoena and document request for scope and, where appropriate, negotiate with staff on date ranges, accounts, and privileged material. CFTC cases are often built from order-entry logs, recorded phone lines, trade blotters, and messages on platforms such as WhatsApp, Signal, or Telegram. 

How you handle those records matters. Deleting messages or altering files after learning of an investigation can create separate federal exposure for obstruction, even if the underlying trading was lawful.  

We advise you on what must be preserved and manage the production so the government receives what the law requires, organized in a way that does not invite misreading. 

Guarding Against Parallel Criminal Exposure 

We evaluate every CFTC matter for possible criminal consequences, because the agency can refer conduct to the U.S. Department of Justice.  

Willful violations of the Commodity Exchange Act can be prosecuted as felonies punishable by up to 10 years in federal prison and fines of up to $1 million, and prosecutors often add charges such as wire fraud or conspiracy. For clients in Miami, those prosecutions typically proceed in the U.S. District Court for the Southern District of Florida. 

Under guidance that the CFTC issued in July 2025, enforcement staff consider several factors when deciding whether to refer a matter for prosecution, including the harm caused, the potential gain, whether the person held industry licenses or specialized knowledge, evidence of awareness that the conduct was unlawful, and any pattern of past misconduct.  

We develop facts that speak directly to those factors. Because our practice centers on federal criminal defense, we coordinate the civil and criminal sides of your case so a decision in one does not harm your position in the other. 

Answering a Wells Notice Before Charges Are Filed 

When enforcement staff signal that they intend to recommend charges, we prepare a written response, called a Wells submission, that presents our side of the facts and law to the Commission before it votes.  

Rules amended in December 2025 changed this stage in meaningful ways. When staff issue a Wells notice, it must now be in writing or confirmed in writing, and it must identify the specific charges being recommended and may provide information about the supporting facts and evidence. Recipients now have at least 30 days to respond, up from 14. 

Staff still have discretion over whether to issue a Wells notice at all, so not every person under investigation receives one. When you do, that window is an important opportunity to persuade the Commission to drop or narrow the case. We use it to challenge the evidence, correct the record, and argue why charges are not warranted. 

Defending Enforcement Actions and Negotiating Resolutions 

If the CFTC files suit in federal district court or brings an administrative proceeding, we defend you through litigation and pursue a negotiated resolution when one serves your interests.  

The agency's cases commonly allege fraud, market manipulation, spoofing, misappropriation of customer funds, or operating without required registration as a commodity pool operator or commodity trading advisor. 

Potential remedies can include civil monetary penalties, restitution, disgorgement of profits, injunctions, and bans on trading or registration. Settlement terms deserve scrutiny, since admissions or factual findings can affect a parallel criminal case, National Futures Association membership, and future employment in the industry.  

The CFTC's published advisories on self-reporting and cooperation may affect how a matter is resolved, but whether cooperating is wise depends heavily on your criminal exposure. We make that judgment with you based on the specific facts of your case. 

Commodity Futures Trading Commission (CFTC) Defense Attorney Serving Miami, Florida 

A CFTC inquiry can move from a records request to sworn testimony, a Wells notice, and possible criminal referral faster than most traders expect.  

At Frank J. Gaviria, P.A, we represent individuals in Miami, throughout South Florida, and in federal matters nationwide at each of those stages, from the first contact with enforcement staff through litigation or resolution. 

Our attorney, Frank J. Gaviria, is a highly recognized criminal defense attorney with more than 30 years of experience defending individuals accused of serious crimes.  

That experience spans federal courts across the United States as well as state criminal courts, giving us a clear understanding of how investigations unfold once federal agencies and prosecutors become involved. 

For people facing CFTC scrutiny, that background is practical rather than theoretical. A regulatory investigation can become a criminal case, and decisions made early often shape what happens later. We approach each matter with that possibility in mind, giving you direct attention from an attorney with decades of federal courtroom experience. 

If you need a CFTC defense attorney in Miami, contact us to discuss your situation confidentially.