On January 1, 2021, overriding a veto by then-President Trump, the Senate passed into law the Anti-Money Laundering Act of 2020 (AMLA)—the largest anti-money laundering legislative effort since the 2001 Patriot Act. The AMLA fortified existing laws, such as the Bank Secrecy Act (BSA), as well as a somewhat anemic…
The rash of cryptocurrency failures, cybersecurity failings, and potential for money laundering are a focus of the U.S. Securities and Exchange Commission (SEC) examiners in the coming year. The high-profile FTX case and criminal charges against Sam Bankman-Fried and others have brought the issues to the SEC’s attention. The SEC…
The Commodities Futures Trading Commission (CFTC) recently announced the award of $18 million to a single whistleblower who provided substantial assistance to the agency. This information led to a successful CFTC enforcement action as well as a related action with another federal agency. The whistleblower met with Division of Enforcement…
New York-based hedge fund investment and technology development firm D. E. Shaw has settled with the SEC over charges that it violated the rights of current and former employees when it raised “impediments” for them to become whistleblowers. The SEC also fined D. E. Shaw $10M to settle the charges.…
The Commodity Futures Trading Commission (CFTC) announced an award of more than $300,000 to a whistleblower who submitted information to the agency regarding a company’s misconduct. Information from the whistleblower was “precise,” and described exactly the activity involved, leading to the CFTC’s Enforcement Division to open an investigation. The individual…
In a recent press release, the Commodities Futures Trading Commission (CFTC) announced $15 million in bounties awarded to two whistleblowers for individual cases. In the first case, a whistleblower affiliated with a company notified the CFTC of activity that was harming its customers. The CFTC opened an investigation and discovered…
The SEC settled charges against CRBE, a Dallas-based commercial real estate services and investment firm, for using a clause in their separation agreements that violated the Securities and Exchange Commission’s whistleblower protection rule. Departing employees could receive separation pay only if they signed a release that stated they had not…
Can a company prohibit former employees from speaking to federal regulators, such as the SEC, and function as a whistleblower? They can certainly try, but it is still illegal. Monolith Resources, LLC, based in Nebraska, included language in their employment separation agreements prohibiting departing employees from recovering money through participation…
The SEC recently announced yet another sizeable award to an individual who came forward as a whistleblower. In the press release, the SEC described the $18 million award to a single individual who “refused to turn a blind eye to the wrongdoing, reporting misconduct internally and then to the Commission.” …
In the SEC’s latest press release, seven individuals have received bounties after supplying credible information and continued assistance that led to a successful enforcement action. The same information and assistance led to another successful related action by a different federal agency. The bounty of $104 million is the fourth largest…