Mark Srere and Jennifer Mammen
To analyze the recent Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) whistleblower awards and to evaluate what issues may be important…
Abstract
Purpose
To analyze the recent Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) whistleblower awards and to evaluate what issues may be important for in-house counsel in the future.
Design/methodology/approach
The article discusses the most recent whistleblower settlements and focuses on lessons learned for compliance.
Findings
The SEC continues to publicize substantial whistleblower awards in an effort to attract additional whistleblowers and gather information that may lead to successful enforcement actions. In addition, the CFTC, whose corresponding Whistleblower Program has been slow to issue awards has announced that it is ramping up its program.
Practical implications
Companies should ensure that they have vigorous compliance programs in place to prevent and detect potential securities violations and to respond immediately in order to mitigate penalties that may result from inadvertent violations.
Originality/value
This article identifies recent awards issued under Whistleblower Programs created under the Dodd-Frank Act and should be of interest to publicly traded companies and all entities regulated by the SEC and CFTC that may be targeted by potential whistleblowers.
Details
Keywords
Mark Srere, Mary Beth Buchanan, Elaine Koch, Jennifer Mammen and Tyson A. Johnson
– To highlight the first award granted under the US Securities and Exchange Commission Whistleblower Program to a compliance professional.
Abstract
Purpose
To highlight the first award granted under the US Securities and Exchange Commission Whistleblower Program to a compliance professional.
Design/methodology/approach
Explains the first award issued to a compliance professional under the SEC’s Whistleblower program and the rules for issuing such an award.
Findings
The SEC has emphasized this award to a compliance professional, noting that individuals performing compliance, audit, and legal functions are on the front lines against fraud and corruption and are often privy to the very kinds of specific, timely, and credible information that can prevent an imminent fraud or stop an ongoing fraud. The SEC’s specific courting of compliance and audit personnel makes it even more important for companies to pay particular attention to complaints raised by those individuals.
Practical implications
Companies should continue to take steps to ensure that they have vigorous compliance programs in place to detect potential issues and to respond immediately and effectively to internally reported information.
Originality/value
Practical guidance from experienced regulatory and employment lawyers.