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SEC Whistleblower Lawyer Blog

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The SEC recently reached a $3 million collective settlement with seven public companies charged with violating whistleblower protection Rule 21F-17(a). This rule prohibits any actions by companies that impede an individual from communicating directly with the SEC staff about a possible securities law violation they observe. The companies cited were: Acadia Healthcare Company Inc., $1.3 million k.a. Brands Holding Corp., $399,000 AppFolio, Inc., $692,000 IDEX Corp., $75,000 LSB Industries, Inc., $156,000 Smart for Life, Inc., $19,500The SEC recently reached a $3 million collective settlement with seven public companies charged with violating whistleblower protection Rule 21F-17(a). This rule prohibits any actions by companies that impede an individual from communicating directly with the SEC staff about a possible securities law violation they observe. Continue reading

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The SEC recently announced that it has awarded money to two whistleblowers for their information that led to an SEC enforcement action against a company as well as a related action against the same company by another federal agency. Both individuals voluntarily provided critical information that led to the successful enforcement actions. In the first case, Claimant #1 brought the misconduct to the SEC’s attention, but did not have anything more to offer outside of the initially supplied information. The supplied information was generalized, contained errors, and the individual didn’t fully understand the schemes. Furthermore, the individual did report the misconduct to their supervisor but did not notify the SEC for more than two years afterward. The SEC awarded this whistleblower a bounty of $4 million.The SEC recently announced that it has awarded money to two whistleblowers for their information that led to an SEC enforcement action against a company as well as a related action against the same company by another federal agency. Both individuals voluntarily provided critical information that led to the successful enforcement actions. Continue reading

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The SEC recently awarded two whistleblowers a total of $98M for original information they submitted that led to the opening of an investigation and a successful enforcement action involving misconduct. The first whistleblower received the lion’s share of the bounty, which totaled over $87 million. For the second whistleblower, the award totaled over $16 million. Both awards were percentages of the financial sanctions collected in the case, which both included SEC actions as well as another enforcement action by a different federal agency.The SEC recently awarded two whistleblowers a total of $98M for original information they submitted that led to the opening of an investigation and a successful enforcement action involving misconduct.

The first whistleblower received the lion’s share of the bounty, which totaled over $87 million. For the second whistleblower, the award totaled over $16 million. Both awards were percentages of the financial sanctions collected in the case, which both included SEC actions as well as another enforcement action by a different federal agency. Continue reading

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On August 8, 2024, the U.S. Commodity Futures Trading Commission (the “CFTC”) announced a whistleblower award of over $1 million dollars. While the Commodity Exchange Act ensures confidentiality protections for CFTC whistleblowers, this award highlights the CFTC’s commitment to regulating digital assets. The heavily redacted CFTC order states that the whistleblower received the award because the whistleblower voluntarily provided the information, through form TCR, and their information led to a successful enforcement action. This action uncovered improper trading previously unknown to the CFTC, underscoring the growing importance of whistleblower tips in detecting misconduct. CFTC Director of Enforcement Ian McGinley noted, "During the last fiscal year, digital asset cases accounted for almost 50% of the CFTC's docket, with a majority of whistleblower tips that year related to digital assets."On August 8, 2024, the U.S. Commodity Futures Trading Commission (CFTC) announced a whistleblower award of over $1 million dollars. While the Commodity Exchange Act ensures confidentiality protections for CFTC whistleblowers, this award highlights the CFTC’s commitment to regulating digital assets.

The heavily redacted CFTC order states that the whistleblower received the award because the whistleblower voluntarily provided the information, through form TCR, and their information led to a successful enforcement action. Continue reading

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Billionaire investor and founder of Hayman Capital Management, Kyle Bass, succeeded in obtaining a reversal of the SEC's denial of his bid to receive a whistleblower bounty for exposing fraud at United Development Funding (UDF), a Dallas-based land developer.  Bass filed a whistleblower tip regarding UDF to the SEC after one of his analysts found proof that it was a Ponzi scheme. In a surprising move, the SEC overturned its prior denial and awarded Bass $400,000 for providing information that helped the agency secure civil penalties against certain UDF executives.  Notably, this is the first time the SEC has reversed a denial of a whistleblower award.Billionaire investor and founder of Hayman Capital Management, Kyle Bass, succeeded in obtaining a reversal of the SEC’s denial of his bid to receive a whistleblower bounty for exposing fraud at United Development Funding (UDF), a Dallas-based land developer. Bass filed a whistleblower tip regarding UDF to the SEC after one of his analysts found proof that it was a Ponzi scheme. Continue reading

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On June 17, 2024, the U.S. Securities and Exchange Commission (“SEC”) announced a $37 million dollar whistleblower award, marking this the first whistleblower award of 2024. While the Dodd-Frank Act mandates confidentiality regarding the whistleblower's identity and enforcement action, this substantial award underscores the SEC's ongoing commitment to investor protection. Chief of the SEC’s Office of the Whistleblower, Creola Kelly, emphasized, “Today’s award illustrates the importance of the SEC’s whistleblower program, as the whistleblower’s information helped the agency return millions of dollars to harmed investors.”On June 17, 2024, the U.S. Securities and Exchange Commission (SEC) announced a $37 million dollar whistleblower award, marking this the first whistleblower award of 2024. While the Dodd-Frank Act mandates confidentiality regarding the whistleblower’s identity and enforcement action, this substantial award underscores the SEC’s ongoing commitment to investor protection. Continue reading

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On June 17, 2024, the U.S. Commodity Futures Trading Commission (the “CFTC”) reached a $55 million settlement with Trafigura Trading LLC, marking a significant aggressive shift in the agency's approach to whistleblower protections.  This case sets a new precedent in the CFTC’s enforcement program and underscores the CFTC's commitment to protecting whistleblowers. In its settlement, the CFTC alleged that Trafigura manipulated oil derivatives prices, exploited confidential information to gain an unfair advantage in gasoline transactions and, most importantly, that Trafigura failed to carve out an exception for whistleblowers in its employment agreement's confidentiality provisions. This marks the first time the CFTC has publicly taken a position on this whistleblower protection issue.  The whistleblower carveout requires non-disclosure provisions to explicitly permit communications with law enforcement or regulators.  The CFTC argues that absent these carveouts, such provisions cause confusion and impede voluntary, direct communications with regulators, like the CFTC, about possible violations.On June 17, 2024, the U.S. Commodity Futures Trading Commission (the “CFTC”) reached a $55 million settlement with Trafigura Trading LLC, marking a significant aggressive shift in the agency’s approach to whistleblower protections. This case sets a new precedent in the CFTC’s enforcement program and underscores the CFTC’s commitment to protecting whistleblowers. Continue reading

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