Calling all FCPA Whistleblowers — The CFTC Wants You!
Posted 06/19/19
If you have information on Foreign Corrupt Practices Act (FCPA) violations in the commodities or derivatives markets, the Commodity Futures Trading Commission (CFTC) wants to hear from you. The agency made this clear in a recently-issued CFTC "Whistleblower Alert" calling on all FCPA whistleblowers to step forward and report what they know.
The agency even dangled the potential for monetary rewards for those...
Partner Eric Havian Leads Panel with Leaders of SEC, CFTC, IRS Whistleblower Programs
Posted 05/2/19
For the second year in a row, Constantine Cannon Partner Eric Havian led a panel at OffshoreAlert’s annual North American conference on Financial Intelligence and Investigations that included representatives from each of the major U.S. financial whistleblower programs. The panel, entitled “Enriching Domestic & Foreign Whistleblowers: The Growth & Spreading Reach Of U.S. Programs” included SEC Whistleblower...
On April 16, 2019, a new directive was adopted by the European Parliament aimed at encouraging reports of wrongdoing and protecting whistleblowers from retaliation. The new rules guarantee greater levels of protection for whistleblowers who report breaches of EU law in several sectors, including financial services, money laundering, product safety, data protection, environmental protection and nuclear safety.
EU...
German-based medical device production and services company Fresenius Medical Care AG & Co. KGaA (“FMC”), agreed on March 29th to a $231 million settlement with both DOJ and the SEC to resolve allegations it violated the Foreign Corrupt Practices Act by paying bribes between 2007 and 2016 to publicly employed health and/or government officials to obtain or maintain business in Angola and Saudi Arabia....
Constantine Cannon Partner Mary Inman Weighs in on UK Financial Watchdog’s Whistleblower Team
Posted 04/4/19
Constantine Cannon attorney Mary Inman recently weighed in on the U.K. Financial Conduct Authority’s leanly staffed whistleblower office, which employs seven individuals and runs on less money than the Financial Conduct Authority (FCA) provides its chief executive in annual salary. In contrast, the U.S. Securities and Exchange Commission employs 21 people in its Office of the Whistleblower, which not only evaluates...
CFTC Pays Whistleblower Award for Related Action Brought by Another Federal Regulator
Posted 03/14/19
On March 4, 2019, the CFTC announced an award of $2 million to an anonymous whistleblower who was not an insider, but provided “critical information through independent analysis of market data” that lead to several million in recoveries by two regulatory agencies. Moreover, as the Order makes clear, the whistleblower’s $2 million award is based not just on the CFTC’s recovery, but also on a recovery in a...
Catch of the Week — Mobile TeleSystems settles FCPA claims for $850M
Posted 03/7/19
Russian telecom giant Mobile TeleSystems PJSC (MTS) agreed to pay approximately $850 million to settle allegations the company violated the Foreign Corrupt Practices Act (“FCPA”) by bribing an Uzbek official, a relative of Uzbekistan’s president at the time. $100M will be paid to the SEC to resolve the charges and will be credited against a criminal fine and forfeiture of $850M based on related criminal...
Canada Makes First Securities Fraud Whistleblower Award
Posted 03/6/19
The Ontario Securities Commission (OSC) announced last week roughly CAD $7.5 million in whistleblower awards to three individuals who reported violations of Ontario securities laws. The awards are the first ever by a Canadian securities regulator. In keeping with its commitment to protecting the confidentiality of whistleblowers, the OSC did not disclose any information that might reveal the whistleblowers'...
Catch of the Week — Cognizant Technology to Pay $25M to Settle Bribery Allegations While Top Execs Face Civil and Criminal Charges
Posted 02/22/19
New-Jersey based tech company Cognizant Technology Solutions Corporation agreed to pay approximately $25 million-roughly $19 million in disgorgement and prejudgment interest and an additional $6 million in civil monetary penalties-to settle allegations the company violated the Foreign Corrupt Practices Act (“FCPA”) by bribing Indian officials. But the government’s enforcement doesn’t end there. Cognizant’s...