Securities and Commodities Fraud

The U.S. Commodity Futures Trading Commission (CFTC) announced today that it is requesting public comment on proposed amendments to the Whistleblower Rules found in Part 165 of the CFTC’s Regulations. The CFTC announcement states:

“The amendments would enhance the process for reviewing whistleblower claims and make related changes to clarify staff authority to administer the whistleblower program. The proposal will also strengthen the CFTC’s anti-retaliation authority to provide whistleblowers protection from retaliation through CFTC enforcement action under the Commodity Exchange Act (CEA).
Continue Reading CFTC Asks for Public Comments on Whistleblower Rule Changes

There are more effective ways to protest lax enforcement of financial fraud

Last week, it was widely reported that Eric Ben-Artzi, a Deutsche Bank whistleblower stated he will refuse a portion of his whistleblower award from the U.S. Securities and Exchange Commission’s whistleblower program.   Mr. Ben-Artzi had worked at the bank as a vice president and he tells an all too-familiar story of a loyal corporate insider reporting serious fraud internally only to be betrayed by corporate compliance officials and then getting fired by management.

Mr. Ben-Artzi next reported the wrongdoing to the SEC and later formally asked the SEC in 2015 to grant him a monetary award for helping the SEC to fine Deutsche Bank. After being awarded more than $8 million he says he will refuse to accept a portion of that whistleblower award (but allow his ex-wife and attorney to collect a portion of his share) as a form of protest to the SEC’s collusion with Wall Street.

However, refusing the award makes little sense, because there are more effective ways the whistleblower can protest lax enforcement and corporate fraud.
Continue Reading Deutsche Bank Whistleblower Should Accept SEC Whistleblower Award

The Securities and Exchange Commission announced on August 16 that California-based health insurance provider, Health Net Inc. agreed to pay a $340,000 penalty for illegally using severance agreements requiring outgoing employees to waive their ability to obtain monetary awards from the SEC’s whistleblower program.
Continue Reading SEC Cracking Down on Companies Trying to Silence Whistleblowers

Washington D.C., Aug. 10, 2016 —The Securities and Exchange Commission today announced that an Atlanta-based building products distributor is settling charges that it violated securities laws by using severance agreements that required outgoing employees to waive their rights to monetary recovery should they file a charge or complaint with the SEC or other federal agencies.
Continue Reading SEC Fines Company for Whistleblower Protection Violations

Washington, D.C. January 15, 2016. The Securities and Exchange Commission issued a landmark award to an industry expert who provided it with “high-quality analysis” in an enforcement action.  The whistleblower award of more than $700,000 marks the first time the SEC has issued an award to someone outside a company since the whistleblower office opened in 2011.
Continue Reading SEC Awards Company Outsider $700,000

Washington, D.C. December 22, 2015. On December 8, 2015, the Eastern District of Tennessee dismissed a whistleblower’s claims, finding that the Plaintiff was not entitled to protection under the whistleblower provisions of the Dodd-Frank Act. Verble v. Morgan Stanley Smith Barney LLC et al., 3:15-cv-00074 (E.D. Tenn. Dec. 8, 2015).  The court’s decision further divides the split amongst circuits regarding the scope of the Dodd-Frank’s whistleblower protection provision.
Continue Reading Court Ruling Threatens Internal Compliance Programs

The U.S. Commodity Futures Trading Commission announced yesterday that it will make an award of approximately $290,000 to a whistleblower for providing valuable information about violations of the Commodity Exchange Act (CEA).

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the CFTC’s Whistleblower Program provides monetary awards to persons who report violations of the CEA if the information leads to an enforcement action that results in more than $1 million in monetary sanctions.
Continue Reading Whistleblower to Receive $290,000 Award From CFTC