This year, the federal government recovered billions of dollars under the Foreign Corrupt Practices Act (FCPA), which prohibits the payment of bribes to foreign officials for the purposes of furthering business interests. The anti-corruption actions by the Department of Justice and the Securities and Exchange Commission concerned almost every continent and covered a variety of misconduct. Below, we’ve gathered...
Catch of the Week: Ericsson Agrees to Pay Record-Setting $1 Billion for FCPA Violations
Posted 12/12/19
This week’s “Catch of the Week” is a Swedish fish: Telefonaktiebolaget LM Ericsson, the telecommunications giant based in Stockholm, agreed to pay over $1 billion in penalties, including $540 million to the SEC and $520 million to the DOJ, for violating the Foreign Corrupt Practices Act (“FCPA”). This is one of the largest FCPA settlements in history. Ericsson’s corrupt conduct was pervasive and...
SEC Whistleblower Program 2019 Annual Report Tells Story of Significant Impact - Despite Beginning the Year with a Government Shutdown
Posted 12/12/19
In its 2019 Annual Report to Congress, the SEC Office of the Whistleblower described its program as continuing to have a “significant impact” on enforcement and investor protection efforts. In the fiscal year that ended in September 2019, the SEC Whistleblower Program received the second highest number of tips in program history, and issued the third largest whistleblower award to date.
These numbers...
CFTC Whistleblower Program Annual Report Shows Program Open for Business, yet Challenges Persist
Posted 11/15/19
Fifteen million dollars is how much the United States Commodity Futures Trading Commission’s (CFTC) Whistleblower Program paid whistleblowers in FY 2019 according to the agency’s annual report to Congress. This amount includes:
$7 million to one individual whistleblower;
Over $2 million to a non-insider whistleblower who provided independent analysis of market data; and,
Second Circuit Upholds SEC Denial of Whistleblower Rewards to Three Claimants in Deutsche Bank Settlement
Posted 11/13/19
In May 2015, Deutsche Bankagreed 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
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...
Media Round-Up: Our Whistleblower Lawyers in the Press
Posted 10/24/19
With whistleblowers continuing to dominate the headlines, lawyers from the Constantine Cannon whistleblower team have been published in and featured in a number of outlets. This week saw the following stories:
Legislation Watch: Proposed Amendments to Bank Secrecy Act Include Whistleblower Rewards
Posted 10/23/19
Currently in the 116th Congress, both the House and Senate are considering bills that would amend existing law to provide a whistleblower reporting system and meaningful financial rewards to whistleblowers who come forward to the federal government to report unlawful money laundering and other violations of specified banking laws.
We have previouslywritten on the important benefits that would be available with...
How to Report Visa Fraud for a Whistleblower Reward
Posted 09/25/19
A settlement with India-based management consulting firm Mu Sigma shows how whistleblowers can make a difference in visa enforcement. In September, 2019, Mu Sigma agreed to pay the U.S. $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...