Category: Securities and Exchange Commission

The SEC Announces Another Record-Breaking Year for its Massively Successful Whistleblower Program

Key Takeaways

  • Largest year ever for whistleblower awards (nearly $600 million in total)
  • Largest single whistleblower award ever ($279 million to an individual whistleblower)
  • Largest year for whistleblower tip volume (over 18,000 tips submitted to the SEC)
  • The SEC underscores its whistleblower protection efforts through Rule 21F-17 enforcement

On November 14,

Eleventh Circuit Confirms that SEC Whistleblower Award Eligibility is Determined Under an Actual Causation Standard

On August 14, 2023, in a rare whistleblower award opinion, the Eleventh Circuit affirmed the Securities and Exchange Commission’s (SEC) denial of a whistleblower award in Granzoti v. Securities and Exchange Commission, 2023 WL 519503 (11th Cir.). The opinion establishes that eligibility for SEC whistleblower awards follows an actual causation standard – i.e.,

Congress Fixes Major Hole in Treasury’s Nascent Whistleblower Program While Expanding its Scope to Sanctions Evaders

Takeaways:

  • The Treasury Whistleblower Program now provides for guaranteed awards of 10% to 30% of the government recovery in covered actions
  • The Treasury Whistleblower Program has been expanded to include not just tips concerning anti-money laundering violations but also those regarding various forms of sanctions evasion
  • The new law goes hand-in-hand with the government’s aggressive crackdown on Russian sanctions evaders and those that assist them

During the holidays,

The CFTC Breaks All Records –$200 Million Whistleblower Award

Takeaway: Misconduct in the multitrillion dollar derivatives market can lead to massive recoveries for the government and whistleblowers alike.   Even when the CFTC is already on the case, a whistleblower who tips off the government during an ongoing investigation may remain eligible for an award if they provide original information that “substantially contributes” to a successful enforcement action. 

SEC Whistleblower Payouts Top $1 Billion

Takeaway: 2021 has been a record year for the SEC’s whistleblower program with awards for fiscal year 2021 topping $500 million and total awards now exceeding $1 billion. This reflects both a pro-whistleblower administration and a growing private-public partnership in exposing corporate malfeasance. As the SEC’s whistleblower program matures and knowledge of its existence spreads,

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