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Legislation and Regulation News

This archive displays posts tagged as news about whistleblower legislation and regulations. You may also be interested in our pages:

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House of Representatives to Takes Up Whistleblower Protection Act This Week

Posted  10/9/17
By the C|C Whistleblower Lawyer Team This week the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 moves to the House of Representatives after being passed by the Senate in May. The House Committee on Rules will meet on Tuesday October 10th to discuss the bill. The bill creates further protections for certain federal government whistleblowers. President Trump first took action in this area in with an...

May 22, 2017

The U.S. Commodity Futures Trading Commission (CFTC) unanimously approved amendments to the CFTC’s Whistleblower Rules that will, among other things, strengthen the CFTC’s anti-retaliation protections for whistleblowers and enhance the process for reviewing whistleblower claims. Based on a reinterpretation of the CFTC’s anti-retaliation authority under the Commodity Exchange Act (CEA), the CFTC or the whistleblower may now bring an action against an employer for retaliation against a whistleblower. The amendments also prohibit employers from taking steps to impede a would-be whistleblower from communicating directly with CFTC staff about a possible violation of the CEA by using a confidentiality, pre-dispute arbitration or similar agreement. “The Whistleblower Program is an integral part of the Division’s efforts to identify and prosecute unlawful conduct. The Commission’s approval of these rules today will further strengthen and enhance our efforts to protect customers and promote market integrity,” said James McDonald, the Director of the Division of Enforcement. Part 165 of CFTC’s Regulations provides the basic framework of the agency’s Whistleblower Program. In addition to strengthening anti-retaliation protections, the new amendments will add efficiency and transparency to the process of deciding whistleblower award claims and will, in many respects, harmonize the CFTC’s rules with those of the U.S. Securities and Exchange Commission’s whistleblower program. The amended rules establish a claims review process which will utilize a Claims Review Staff, in place of the Whistleblower Award Determination Panel, to consider and issue a Preliminary Determination as to whether an award claim should be granted or denied. A whistleblower will then have an opportunity to request to view the record and may contest the Preliminary Determination before the CFTC issues a Final Determination. The amendments also make changes to other key areas, such as whistleblower eligibility requirements, and make clear that, with limited exceptions, a whistleblower may receive an award in a Covered Action, a Related Action, or both. In addition, the amendments authorize the Whistleblower Office to handle facially ineligible award claims that do not relate to a Notice of Covered Action, a final judgment in a Related Action, or a previously filed Form TCR (Tip, Complaint or Referral). The amended rules will go into effect 60 days after publication in the Federal Register. CFTC

GOP moves to gut SEC anti-graft rule

Posted  01/26/17
By the C|C Whistleblower Lawyer Team Congressional Republicans are planning to repeal an SEC rule, established under the Dodd-Frank Act, which requires oil, gas, and mining companies to disclose all payments to foreign governments for things like licenses and permits. Experts say such payments are often used to conceal bribes. The rule is currently set to go into effect in 2018. The enactment of previous version of...

Whistleblowers in Antitrust Enforcement: Has the Time Come?

Posted  09/28/15
By Ari Yampolsky The promotion of whistleblowing has become an important element of regulatory enforcement in several contexts, most recently in securities-law enforcement.  But apart from the amnesty/leniency framework, antitrust authorities have been less enthusiastic about incorporating whistleblowers into their enforcement efforts.  On August 27, 2015, the ABA sponsored a panel discussion titled...

Maryland Passes False Claims Act

Posted  04/9/15
By the C|C Whistleblower Lawyer Team Yesterday, by a vote of 88 to 51, the Maryland House of Delegates approved passage of the Maryland False Claims Act.  It was previously passed by the Maryland Senate by a vote of 46 to 1 and now goes to Governor Larry Hogan for his signature.  The law greatly expands Maryland’s existing False Claims law which was limited to cases of Medicaid and healthcare-related fraud. ...

New York AG Proposes Financial Frauds Whistleblower Act

Posted  02/26/15
By the C|C Whistleblower Lawyer Team New York Attorney General Eric T. Schneiderman announced today proposed legislation to protect and reward whistleblowers who report on fraud or misconduct in the banking, insurance, and financial services industries.  Titled the Financial Frauds Whistleblower Act, the law would be modeled after the Dodd-Frank Whistleblower Program and provide whistleblower rewards of 10-30...

Department of Defense Moves To Bar Anti-Whistleblower Confidentiality Provisions

Posted  02/12/15
By the C|C Whistleblower Lawyer Team Not all companies have embraced the rise of whistleblowers as a vehicle to root out fraud within their ranks.  In fact, many companies have gone in the exact opposite direction, doing everything they can to discourage whistleblowers from stepping forward.  One popular mechanism a growing number of companies are using to silence would-be whistleblowers are so-called...

“Modest” Changes, or All-Out Assault on the False Claims Act?

Posted  07/31/14
By Jason Enzler The House Judiciary Committee held a hearing yesterday with the innocuous title “Oversight of the False Claims Act.” At issue was a set of proposed changes to the law offered by the U.S. Chamber Institute for Legal Reform (“ILR”). According to an ILR representative’s testimony, the amendments would be “modest” and focused on correcting “flaws” and improving the “effectiveness”...

Grassley Announces Creation of Whistleblower Protection Caucus

Posted  04/17/14
By the C|C Whistleblower Lawyer Team Senator Chuck Grassley (R-IA), noted architect and champion of several whistleblower protection laws, has announced he will create the first-ever Senate whistleblower protection caucus.  The caucus, also commonly referred to as a coalition or working group, will consist of a group of senators dedicated to protecting whistleblowers and ensuring that whistleblower laws are...

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