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...
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
The Commodity Futures Trading Commissionfiled 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 — Will Healthcare Settlements Continue to Dominate False Claims Act Recoveries?
Posted 07/24/19
Recent blockbuster settlements continue past trends: healthcare fraud has so far this year dominated FCA recoveries. During the first half of 2019, the Department of Justice (“DOJ”) secured over $750 million in settlements from False Claims Act (“FCA”) cases. And just past the mid-year point, total recoveries have nearly doubled due to a $700 million civil settlement ($1.4 billion total) entered on July 11th...