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Top Ten SEC and CFTC Recoveries of 2020

Posted  01/15/21
top ten list
Despite its many shortcomings, 2020 did bring great news for whistleblowers: record-breaking growth in the CFTC and SEC Whistleblower Programs, as well as massive enforcement actions by both agencies.  In this post, we will detail the Top Ten SEC and CFTC recoveries of 2020 in cases other than FCPA enforcement.  As detailed below, the SEC netted billions of dollars in penalties and restitution from companies accused...

SEC makes its annual whistleblower report to Congress – SPOILER ALERT: BEST YEAR EVER!

Posted  11/20/20
SEC-building
We already know it has been a banner year for the Securities and Exchange Commission's Whistleblower Program (fiscal year ending September 30).  As we previously reported, the record-breaking year included roughly $175 million in awards to 39 whistleblowers, with 15 awards in the month of September alone.  And this does not even include the $114 million blockbuster award the Commission made just three weeks ago,...

SEC Makes Whistleblower Award to Company Outsider

Posted  11/19/20
Securities and Exchange Commission building with logo zoomed in
The Securities and Exchange Commission continues to demonstrate its strong commitment to the agency's whistleblower program.  This past year was a record-breaking year by every measure, not the least of which was the roughly $175 million in awards the SEC doled out to 39 whistleblowers.  And just three weeks ago, the SEC made its largest award ever of $114 million, shattering the previous record $50 million award...

In an Effort to Curb Corruption, U.S. and Brazil Update Trade Agreement by Strengthening Whistleblower Protections

Posted  11/5/20
U.S. and Brazil flags flying together
On October 19, 2020, the U.S. and Brazil signed a Protocol on trade rules and transparency, updating their 2011 Agreement on Trade and Economic Cooperation (ATEC). The Protocol includes three annexes – one of which comprises cutting-edge provisions that are at the very forefront of recent developments in the area of whistleblower protection. Article 3 of Annex III provides specific obligations in line with both...

Constantine Cannon Client Scores SEC Whistleblower Win

Posted  10/30/20
silver whistle with Securities Exchange Commission logo
Adding to our list of significant achievements in the whistleblower arena, Constantine Cannon obtained a $1.7 million payout for our SEC whistleblower client.  Of particular note, we convinced the SEC to increase our client’s award after SEC recommended a lower amount, which the SEC very rarely does. Our client’s award comes on the heels of last week’s blockbuster $114M award and adds yet another notch in the...

SEC Makes Record Whistleblower Award of $114 Million

Posted  10/29/20
SEC-building
Following on the heels of a record-breaking year for SEC whistleblower awards, the SEC broke new ground yet again with its blockbuster award last week of $114 million.  It far exceeds the next highest award of $50 million the SEC made in June.  And it brings to $676 million to 108 whistleblowers the total tally to date of awards under the SEC Whistleblower Program. Other than its size, another notable feature...

JPMorgan Chase Pays nearly $1 Billion in Fines for Market Manipulation of Precious Metals and U.S. Treasuries

Posted  10/16/20
investors on computers for market trading
JPMorgan Chase & Co. agreed to pay over $955 million to settle civil and criminal charges over a scheme involving fake trades in precious metals and U.S. treasuries designed to manipulate the market in an effort to enhance the bank’s profits and cut losses. The multi-agency enforcement action was brought by the Commodity Futures Trading Commission (CFTC), the Department of Justice (DOJ) and the Securities and...

SEC Has Record Year of Whistleblower Rewards

Posted  10/9/20
Securities and Exchange Commission logo with a stack of coins and cash on top
The SEC closed out its fiscal year (September 30) with an avalanche of whistleblower awards, doling out 15 awards for a total of more than $50 million in September alone.  Six of those awards were made on September 30, clearly highlighting the SEC's desire to trumpet the success of its whistleblower program for this record-breaking year. The SEC also seems to be standing strong in its continued messaging to...

NASAA Approves Model Whistleblower Award and Protection Act with Changes Recommended by Constantine Cannon Attorneys

Posted  10/2/20
Silhouette of People Around a Whistle
Earlier this year, the North American Securities Administrators Association (NASAA) proposed a Model Whistleblower Award and Protection Act that would help states bolster their securities enforcement by incentivizing whistleblowers.  Constantine Cannon attorneys Eric Havian, Michael Ronickher, and Chris McLamb teamed up with Alexis Ronickher of Katz Marshall & Banks LLP to comment on the proposal, encouraging NASAA...

With over $136 million in Whistleblower Awards in 2020, the SEC Amends the Rules of its Whistleblower Program

Posted  09/25/20
Securities and Exchange Commission building with logo zoomed in
In a public meeting held earlier this week, the SEC approved - by a 3-2 vote - several changes to its remarkably successful whistleblower program. Most notably, the Commission withdrew a 2018 contentious proposal which would have authorized it to reduce the amount of money in rewards issued in large enforcement actions where at least $100 million were collected. Moreover, all five Commissioners recognized the...
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