Catch of the Week: Bank of Nova Scotia Fined for Commodities Fraud and False Statements to Investigators
Posted 08/21/20
Self-disclosure offers wrong-doing corporations a path to leniency: Fess up, the government says, and we’ll go easier on you. But as the Bank of Nova Scotia learned, you had better reveal the full extent of the problem, or you are just making your problem worse.
The Bank had made a self-disclosure that secured it's leniency and an $800,000 deal for charges of commodities fraud. When the CFTC later determined...
Catch of the Week: Interactive Brokers Pays $38 Million for Failures in Money-Laundering and Supervision
Posted 08/14/20
Brokerage firm Interactive Brokers LLC will pay $38 million in penalties to settle charges from multiple U.S. market regulators regarding its anti-money laundering practices, including alleged failures to file suspicious activity reports (SARs). The discount broker has paid an $11.5 million penalty to settle charges with the Securities and Exchange Commission over the deficiencies in its internal controls that...
The FCPA’s Accounting Provisions Get a Fresh Look from the SEC
Posted 08/13/20
In the New York Law Journal this week, we published an article discussing a heartening trend in the SEC’s enforcement of the Foreign Corrupt Practices Act, a law that has yielded some of the largest SEC fines and recoveries: an increased willingness to ground enforcement actions in the accounting provisions of the FCPA.
The FCPA broadly prohibits two different kinds of conduct. First, businesses may not bribe...
COVID-19 Frauds of the Week: Fake Employees and Fake Treatments
Posted 07/17/20
Taxpayers, rightfully upset about large companies such as Shake Shack and Ruth’s Chris Steakhouse claiming large sums of Paycheck Protection Program money from the Small Business Administration, should consider shifting some of their ire to applicants posing as the original intended recipients—small businesses—who are getting in on the grift. And for fraudsters who prefer to market unproven products rather than...
Constantine Cannon Attorneys Provide Comments on Model Whistleblower Award and Protection Act
Posted 07/2/20
Following in the footsteps of the hugely successful SEC Whistleblower Program, which recently announced its largest-ever reward of $50 million, the North American Securities Administrators Association (NASAA) has proposed a Model Whistleblower Award and Protection Act that would serve as a guide for states across North America who wish to enact a compelling whistleblower program to bolster their securities...
DOJ Charges Healthcare CEO with Criminal Securities and Healthcare Fraud
Posted 06/12/20
In 2008, Rahm Emanuel, then-President Obama’s chief of staff, famously said, “You never want a serious crisis to go to waste. I mean, it’s an opportunity to do things that you think you could not do before.” However poorly phrased, generations of political and business leaders have understood the kernel of truth in his admonition.
So have scammers and rip-off artists.
We have been following the...
SEC Makes $50M Whistleblower Reward: LARGEST AWARD TO DATE
Posted 06/4/20
The SEC today announced a $50 million whistleblower award, the largest award to date to a single individual whistleblower under the SEC Whistleblower Program. This tops the $54 million award to two whistleblowers in September 2018 and the $50 million award to two whistleblowers in March 2018. It brings the total amount of awards under the program to more that a half-billion dollars. And it is just the latest in...
COVID Frauds of the Week: Misrepresented Mask Inventories and Medicare Fraud
Posted 05/1/20
Amid COVID-19-induced fear and hardship, fraud is on the rise. Already, the FTC has received over 18,000 reports of COVID-19 related fraud. In response, the SEC, CFTC, and other regulators announced they are on the lookout for pandemic-related fraud, and the DOJ warned would-be wrongdoers that it will not tolerate profiting off of public panic.
This week, we focus on three enforcement actions brought by the...
SEC Starts 2020 with Almost $12 million in Whistleblower Awards
Posted 04/9/20
Despite the Covid-19 pandemic, the SEC whistleblower program is very much open for business: the SEC has announced seven whistleblower awards in the past four months, including an award of over $7 million to a “tenacious” whistleblower who provided extensive and sustained assistance in connection with serious financial abuses despite suffering hardship.
Under the program, whistleblowers – regardless of their...