CFTC taps former federal prosecutor David Miller to lead enforcement divison as crypto role grows

Commodity Futures Trading Commission Chair Michael Selig tapped David Miller, a former federal prosecutor and private sector lawyer who oversaw digital asset cases, to lead the agency’s enforcement division.

Miller’s appointment comes as the agency is poised to take on a bigger role in regulating the cryptocurrency industry, as well as potentially prediction markets. Over the past year, lawmakers in Washington D.C. have been working on bills that would regulate the crypto industry as a whole and, with that, give broader jurisdiction to the CFTC. 

“I am honored and thrilled to join the CFTC at this exciting and transformative time,” Miller said in a statement on Monday. “I am grateful for the trust and confidence that Chairman Selig has placed in me and thank him for appointing me to this critical role.”

Miller previously served as a litigation partner at both Greenberg Traurig and Morgan Lewis, where he focused on commodities, securities, digital assets, and national security. He also spent almost a decade in government service as an assistant U.S. attorney in the Southern District of New York and was a terrorism prosecutor with the Department of Justice, according to the agency. 

His appointment comes amid renewed scrutiny of enforcement staffing at both the CFTC and its sister agency, the Securities and Exchange Commission, which also oversees portions of the crypto market. Both regulators are undergoing shifts in their approach to digital asset oversight and are widely viewed as more industry-friendly than during the Biden administration, which was criticized for reportedly “regulating through enforcement.”

Last month, Barron’s reported that the CFTC’s Chicago office had no more enforcement attorneys left after a string of retirements and staff reductions. On Bloomberg’s Odd Lots, Selig said the agency has to make sure there is “adequate staff to police the markets,” and added that the agency has enough resources and is continuing to grow, in response to the Barron’s report. 

At the SEC, Chair Paul Atkins also faced similar questions about whether his agency is doing enough enforcement work. During a House hearing last month, Democratic members pressed him about the agency’s steep decline in crypto enforcement. Atkins defended the agency and said it has a “robust enforcement effort.” 

According to Cornerstone Research, there was a 30% decrease in SEC enforcement actions in the calendar year 2025 compared to the year prior. Crypto-related cases fell by 60%, according to the firm, showing a “shift in enforcement priorities.” 

On Monday, Selig said Miller will be focused on “policing fraud, abuse, and manipulation rather than setting policy.” 

“I am delighted to welcome David to the CFTC,” Selig said. “He brings to the Commission decades of experience as a federal prosecutor and white-collar defense attorney, with a proven track record of defending market participants against the novel legal theories of overzealous regulators and plaintiffs.”

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