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SEC Whistleblower Program Summer Roundup - Nearing the Billion Dollar Mark

Posted  09/9/21
SEC-building
For the SEC Whistleblower Program, it was business as usual this summer.  With total awards of more than $50 million to 25 whistleblowers, the agency moved ever closer to the billion dollar mark.  Here is how it played out for the SEC program over the not so lazy days of summer:
  • June 2 – $23 million (2 whistleblowers)
  • June 14 – $3 million (2 whistleblowers)
  • June 21 – $5.3 million (4...

Tagged in: Financial and Investment Fraud, Importance of Whistleblowers, SEC Whistleblower Reward Program, Securities Fraud, Whistleblower Rewards,

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What the SEC can learn from its German peer BaFin

Posted  08/13/21
Building of Wirecard in Germany
The Federal Financial Supervisory Authority, otherwise known as BaFin, is Germany’s version of the U.S. Securities and Exchange Commission (SEC), a supervisory body working to ensure the functioning, stability and integrity of the German financial system. BaFin was created following a 2002 merger between Germany’s Federal Banking Supervisory Office (BAKred), the Federal Securities Supervisory Office (BAWe), and...

Tagged in: Financial and Investment Fraud, Financial Institution Fraud, Market Manipulation and Trading Violations, Money Laundering,

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SEC Chairman Views Cryptocurrency Markets as the “Wild West” and Calls for More Investor Protection

Posted  08/13/21
Cryptocurrency and US Hundred Dollar Bills Scattered Around
During a recent speech discussing the intersection of national security with cryptocurrencies at the Aspen Security Forum, Gary Gensler, the new Chairman of the Securities and Exchange Commission (SEC), made clear the SEC will use its broad powers to continue protecting investors from the volatility associated with cryptocurrency markets which he characterized as the “Wild West.”  He also urged Congress to grant...

Tagged in: Cryptocurrency, Financial and Investment Fraud, Fraud in CFTC-Regulated Markets, Insider Trading, Market Manipulation and Trading Violations, Ponzi Schemes, Securities Fraud, Whistleblower Rewards,

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Federal Court Confirms That Outsiders Can Be SEC Whistleblower Too

Posted  07/30/21
SEC-building
What does it mean to be a “whistleblower”?  Often, people think of corporate or government employees with access to secret information that’s not visible from the outside.  A classic example is Daniel Ellsberg.  Working as a military analyst for the RAND Corporation, Ellsberg accessed and leaked an explosive Top Secret study of U.S. activities in the Vietnam War. But the U.S. whistleblower award programs...

Tagged in: Financial and Investment Fraud, SEC Whistleblower Reward Program, Securities Fraud,

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In Defense of Whistleblowers: Poppy Alexander Appears on Law & Disorder Podcast

Posted  07/13/21
Constantine Cannon whistleblower attorney Poppy Alexander was interviewed as a featured guest on the Law & Disorder podcast.  In an interview with Heidi Boghosian, Poppy discussed the False Claims Act, including its rewards and protections for whistleblowers.  The FCA allows private persons, known as relators, to bring what are called qui tam lawsuits on the government’s behalf, and claim a share of any recovery...

Tagged in: CC Lawyers, FCA Federal, Government Procurement Fraud, Importance of Whistleblowers, SEC Whistleblower Reward Program,

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SEC Cracks Down Again on Companies Chilling Whistleblowers from Reporting Wrongdoing

Posted  07/2/21
red tape over person mouth
A company’s restrictive compliance manual and training materials ran afoul of the Securities and Exchange Commission (SEC)’s Rule 21F-17(a), prohibiting actions restricting, impeding, or discouraging whistleblowers from directly reporting wrongdoing to the Commission.  In its settlement against New York broker-dealer Guggenheim Securities, LLC (Guggenheim), the SEC not only censured Guggenheim but also hit it...

Tagged in: SEC Whistleblower Reward Program, Securities Fraud, Whistleblower Protection Laws, Whistleblower Rewards,

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Flood of SEC Whistleblower Awards Continues

Posted  06/17/21
Securities and Exchange Commission logo with a stack of coins and cash on top
It has been less than two months since SEC Whistleblower Chief Jane Norberg left the agency for private practice.  As we previously wrote, her five years running the agency's Whistleblower Program were groundbreaking in the number and amount of awards the SEC made and in the agency's efforts to champion the critical role whistleblowers play within the SEC enforcement regime. As we also wrote at the time, the SEC...

Tagged in: Financial and Investment Fraud, SEC Whistleblower Reward Program, Securities Fraud, Whistleblower Rewards,

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Catch of the Week: SEC Cracks Down Again on Cybersecurity Disclosures

Posted  06/17/21
hacker in hoodie typing code in program using laptop in dark studio
This week’s Catch of the Week goes to the Securities and Exchange Commission for its latest settlement involving cybersecurity risks.  The SEC charged First American Financial Corporation, an insurance company listed on the New York Stock Exchange, with failing to adequately control for cybersecurity risks.  According to the SEC’s Order, a journalist alerted First American that it had a major vulnerability in...

Tagged in: Catch of the Week, Cybersecurity and Data Breaches, Financial Institution Fraud, Securities Fraud,

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Whistleblowers Without Borders: International Whistleblowers are Increasingly Important Contributors of Tips to the SEC Whistleblower Reward Program

Posted  06/11/21
globe
On March 4, 2021, the SEC announced an award of over $5 million to joint foreign whistleblowers whose tip, providing significant information about misconduct abroad, caused the opening of an investigation that resulted in a successful SEC enforcement action. According to Jane Norberg, former Chief of the SEC’s Office of the Whistleblower, “The whistleblowers’ information alerted the staff to misconduct...

Tagged in: Importance of Whistleblowers, International Whistleblowers, SEC Whistleblower Reward Program, Securities Fraud, Whistleblower Eligibility, Whistleblower Rewards,

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Catch of the Week: Second Conspirator Pleads Guilty in Jay Peak EB-5 Fraud Case

Posted  06/4/21
Person holding prison bars
William Kelly pleaded guilty to two felony charges in connection with EB-5 securities fraud in the development of the Jay Peak Biomedical Research Park, also called the AnC Vermont project. Kelly, who served as the chief operating officer for the project, was a long-time advisor to project owner Ariel Quiros, who previously pleaded guilty to related charges. Co-defendant William Stenger, the project’s CEO, pleaded...

Tagged in: Catch of the Week, Criminal Proceedings, Financial and Investment Fraud, SEC Whistleblower Reward Program, Visa Fraud,

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