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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...

COVID Frauds of the Week: PPP, Puppies, and Securities Fraud

Posted  12/11/20
golden retriever puppies sitting in a grass field
As COVID-19 cases continue to rise across the country, the government has remained vigilant in rooting out fraudsters who seek to capitalize on the crisis to line their own pockets.  Over the past week, federal prosecutors have advanced cases against multiple individuals who fraudulently obtained government funds that were supposed to help struggling small businesses.  And in another colorful case, DOJ busted a...

Catch of the Week: SCANA to pay $137.5 Million in Fines & Disgorgement Following Failure of Nuclear Plant Construction; Executives Face Jail Time

Posted  12/4/20
industrial pipes all around
In 2017, the publicly-traded company SCANA Corp. (now Dominion Energy) announced that it was abandoning its plans to expand South Carolina’s Virgil C. Summer Nuclear Station.  A settlement reached this week resolves claims of fraud by SCANA in the project.  For years, SCANA had publicly claimed it was making progress on the construction and would complete it in time to qualify for $1.4 billion in federal...

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...

Sunshine State Local Elections Shine Light on How Dark Shell Company Data Can Be

Posted  11/18/20
top-secret-seal
Amidst the ongoing saga of the US national elections, Florida local elections may not have made much of a ripple.  But one small scandal in the Sunshine State reveals a lot about the ongoing problem the US has with shell corporations and their hidden ownership structures. The story is convoluted, as most shell company stories are.  A political donor, Proclivity, who had never donated money in Florida before,...

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...

A company about nothing: SPACs and fraud

Posted  10/27/20
Tablet showing trending stock
The hot retro design trend these days is not only slip dresses and tie-dye, but an once-obscure investment vehicle called a Special Purpose Acquisition Company or SPAC.  SPACs (aka “blank check” companies) are sweeping the nation as the darling of investors who wish to take a company public without the scrutiny of an IPO.

So what is a SPAC?

With due apologies to Seinfield, SPACs are companies about nothing. ...
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