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Second Circuit Upholds SEC Denial of Whistleblower Rewards to Three Claimants in Deutsche Bank Settlement

Posted  11/13/19
Disorganized paper records stacked on table
In May 2015, Deutsche Bank agreed to pay a $55 million penalty to the SEC to settle charges that its financial statements misreported the value of a portfolio of derivatives, failing to take account of the material risk of potential losses associated with the derivatives.  Subsequently, in November 2017, the SEC announced that it had awarded whistleblower rewards totaling $16 million to two whistleblowers “whose...

In Second-Ever Enforcement Action of Its Kind, SEC Stands with Whistleblower Against Company’s Attempt to Muzzle Reporting

Posted  11/8/19
tape over mans mouth
Imagine that, after you invest in a company, you start to smell a rat. After you try to alert other investors or report what you believe is a fraudulent scheme, the company you invested in draws up an agreement that conditions your shareholding on a prohibition on speaking with regulatory agencies. If it seems illegal, that’s because it is. Yet that’s exactly what online auction and memorabilia company Collectors...

CATCH OF THE WEEK — Tenet Healthcare to Pay $66M Over Kickback Allegations

Posted  11/7/19
Tenet Healthcare Logo
Tenet Healthcare, a healthcare giant that operates 65 hospitals and conducts over 10 million patient encounters annually, has agreed in principle to pay the United States roughly $66M to settle allegations that it violated the Stark Law and the Anti-Kickback Statute. These laws generally prohibit medical providers from paying or receiving kickbacks, remuneration, or anything of value in exchange for referrals of...

How to Report Visa Fraud for a Whistleblower Reward

Posted  09/25/19
Statute of Liberty overlooking NY harbor
Last week, the government announced that India-based management consulting firm Mu Sigma would pay $2.5 million to settle claims that it evaded H-1B visa requirements and brought employees to the U.S. on B1 visitor visas, misrepresenting the nature of their intended employment. In announcing the settlement, Immigration and Customs Enforcement stated that the Mu Sigma investigation was launched by a whistleblower...

Deutsche Bank Pays More than $16M to Settle SEC Charges of FCPA Violations

Posted  08/30/19
Last week, the SEC announced that German-based banking giant Deutsche Bank agreed to pay more than $16 million to settle charges it violated the Foreign Corrupt Practices Act (FCPA) by hiring relatives of foreign officials in China and Russia to get investment banking business.  See SEC Press Release.  According to the SEC’s order, these so-called "referral hires" bypassed the bank's merit-based hiring process and...

Catch of the Week — Yukom Communications and Others Face CFTC Claims of Binary Options Fraud

Posted  08/16/19
computerized trading
The Commodity Futures Trading Commission filed suit against five entities and four individuals on August 12, 2019, in the Northern District of Illinois for running a $103 million fraudulent binary options scheme. The defendants, led by Israeli company Yukom Communications Ltd.,which marketed binary options using two websites known as BinaryBook and BigOption. In recent years, the CFTC has targeted fraudulent binary...

Question of the Week — Should the SEC expedite its review of whistleblower claims?

Posted  07/19/19
businessmen with clock face
Good things come to those who wait—at least that’s what most experienced whistleblowers will tell you. Whether they filed a complaint in court or submitted evidence to a regulatory agency, those who have reported fraud know firsthand that the legal process can take a great deal of time. Whistleblowers often wait several years before ever seeing the proverbial fruits of their labor. So when it comes to the...

How to Be a Whistleblower

Posted  07/19/19
How to be a whistleblower
You know about fraud, waste, abuse, or corruption by an individual or a company. Someone is getting by with cheating -- taking money from the government, taxpayers, or investors, or even harming others, such as patients. You are deeply troubled about it and want the proper authorities to stop it. You are worried whether you will be heard, taken seriously, and protected. You wonder if your information fits within a...

Question of the Week — Three Years in Prison for Insider Trading – Too Harsh or Not Harsh Enough?

Posted  06/28/19
stock market numbers
A London judge sentenced former UBS compliance officer Fabiana Abdel-Malek and day trader Walid Choucair to three years in prison for insider trading. At trial, the jury saw evidence suggesting that Abdel-Malek and Choucair were in constant communication as the compliance officer learned of potential takeover deals and other confidential company information through UBS’s internal databases. Abdel-Malek and Choucair...

Catch of the Week — Merrill Lynch Commodities Inc.

Posted  06/28/19
MerrillLynchLogoOfBull
Merrill Lynch Commodities Inc (“Merrill”), a commodity trading subsidiary of Bank of America Corporation, agreed on June 25th to two $25 million settlements with both the Department of Justice (“DOJ”) and the Commodity Futures Trading Commission (“CFTC”) to resolve allegations it conducted deceptive trading practices in United States commodities markets.

DOJ Criminal Violations

This settlement resolved...
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