Archive for the ‘SEC’ Category

The U.S. Securities and Exchange Commission (SEC) Whistleblower Office announced yesterday that it would pay a whistleblower award of between $475,000 and $575,000 to a former corporate officer who reported fraud that he or she learned of through another employee reporting the misconduct internally.  Although information received by an officer in connection with internal reporting […]

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The U.S. Securities and Exchange Commission (SEC) recently sanctioned Goodyear Tire & Rubber Co. for violations of the Foreign Corrupt Practices Act (FCPA), imposing a penalty of $16.2 million on the company as a result of bribes paid to foreign officials by Goodyear subsidiaries in Kenya and Angola.  According to the SEC’s order, the Goodyear […]

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An opinion editorial by former corporate attorney Steven Solomon, published in the New York Times in late December, criticized what he called the “perverse incentives” that the U.S. government’s whistleblower reward programs create for “bad people” who decide to become whistleblowers.  Solomon argues that the whistleblower-reward programs run by the U.S. Securities and Exchange Commission, Department […]

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David Marshall’s SEC Whistleblower Practice Guide was given a glowing review earlier this week by the Tom Devine, the Legal Director of the Government Accountability Project (“GAP”), who described the Guide as “the definitive guide to the [SEC] whistleblower bounty program.”  The SEC Whistleblower Guide, which is available on the KMB website for free download, […]

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Foreign bribery whistleblowers will be encouraged by news that a company providing aircraft engine maintenance services has admitted to violating U.S. foreign bribery law and agreed to pay a $14 million fine.  According to a statement issued by the U.S. Department of Justice on Wednesday, December 10, 2014, the company, Dallas Airmotive Inc., admitted to […]

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Whistleblowers seeking protection from the anti-retaliation provisions of the Dodd-Frank Act suffered a setback on December 8, 2014, when the U.S. Court of Appeals for the Third Circuit ruled that the Dodd-Frank Act’s anti-arbitration provision did not apply to whistleblower retaliation claims brought under the Dodd-Frank Act.  In the case, Khazin v. TD Ameritrade Holding […]

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Whistleblowers in the commodity futures industry received encouraging news last month when the Commodity Futures Trading Commission (“CFTC” or “Commission”) issued its Annual Report.  The CFTC was created in 1974 to oversee U.S. derivatives markets, such as commodity futures, options, and swaps.  In its Annual Report, the CFTC reported that it had “filed 67 enforcement […]

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When the government takes action against companies based on whistleblower tips, those Companies are subjected to penalties that, on average, are 63 percent larger than companies the government pursues independent of whistleblower involvement, according to a study Rachel Louise Ensign recently wrote about in the Wall Street Journal.   The study, entitled The Impact of Whistleblowers […]

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Eight Democratic members of the House Committees on Financial Services and Oversight and Government Reform recently sent a letter to Securities and Exchange Commission (“SEC”) Chairwoman Mary Jo White setting forth their concerns regarding “corporate practices [that] may deter whistleblowers from reporting violations of the securities laws, thereby threatening the effectiveness of the SEC’s Whistleblower […]

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Securities and Exchange Commission (“SEC”) whistleblower director Sean McKessy shares the desire of SEC whistleblowers and their counsel to increase the size and frequency of whistleblower awards, according to a recent Law360 interview.  He stressed, however, that he was constrained by the confines of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 […]

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