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...
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...
SEC Makes Record Whistleblower Award of $114 Million
Posted 10/29/20
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...
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. ...
Cryptocurrency issuer Kik Interactive Inc. will pay a $5 million penalty in a consent judgment resolving claims by the SEC that Kik’s unregistered offering of digital “Kin” tokens in 2017 violated U.S. securities laws. The consent judgment finds that Kin tokens were investment contracts and the offering did not qualify for any exemption from registration requirements. Kik sold the tokens through both public and private sales; the court found that the sales were a single integrated offering. SEC
Energy company Andeavor LLC will pay a $20 million penalty to resolve allegations that, while the company was in merger discussions with Marathon Petroleum Corp. in 2018, it implemented a stock buyback plan without taking adequate compliance steps, including an evaluation of whether the company was in possession of material non-public information about corporate developments. The Marathon merger, which valued Andeavor at over $150 per share, was announced one month after Andeavor completed the buyback at an average price of $97 per share. SEC
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...
Fiat Chrysler N.V. will pay an SEC penalty of $9.5 million to settle charges that it made misleading disclosures. Specifically, in February 2016, the company publicly stated that it had conducted an internal audit to confirm that its vehicles complied with emissions standards. This statement misleadingly failed to disclose the limited nature of the internal audit and other related material facts, including about the existence of ongoing government investigations into the company’s diesel vehicle emissions systems. SEC
With over $136 million in Whistleblower Awards in 2020, the SEC Amends the Rules of its Whistleblower Program
Posted 09/25/20
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...
Illinois manufacturing company Power Solutions International Inc. will pay a $1.7 million penalty to the SEC and admit that its executives and employees participated in a scheme to defraud shareholders by fraudulently inflating the revenue of the company, whose shares were then listed on NASDAQ. USAO ND IL