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April 18, 2018 SEC Fraud

Enforceable Laws Under the SEC Whistleblower Program & Foreign Corrupt Practices Act

The SEC Whistleblower Program & Foreign Corrupt Practices Act The SEC Whistleblower Program provides monetary incentives for individuals to come forward and report possible violations of the federal securities laws to the SEC. The SEC Whistleblower Program also incorporates violations of the Foreign Corrupt Practices Act (“FCPA”) as reportable misconduct to the SEC. The […]
April 18, 2018 SEC Fraud

Anti-Retaliation Whistleblower Protection Under Dodd-Frank

Fifth Court Differentiates Whistleblower Protection If Whistleblower Reports to SEC or Internally to Company The Fifth Circuit ruled on June 17, 2013, that anti-retaliation provisions in Dodd-Frank only protect whistleblowers who disclose alleged fraud to the U.S. Securities and Exchange Commission (“SEC”) and not just internally to the company. The […]
April 18, 2018 SEC Fraud

False Claims Act’s “Alternate Remedy Provision” & The SEC Whistleblower Statute’s “Related Action” Provision

What is the False Claims Act Alternative Remedy Provision? When a relator brings a false claims action in the name of the Government under the False Claims Act (“FCA”), the Government may elect to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding, to determine a civil money […]
May 5, 2015 SEC Fraud

The SEC’s Whistleblower Awards Program Has Proven to be a “Game Changer”

SEC Chairwoman Marry Jo White in a speech on April 30, 2015 noted that “[t]he program, while clearly developing, has proven to be a game changer.” White noted the increasing volume and quality of tips as well as the powerful incentives to come to the SEC with evidence of wrongdoing. […]
April 20, 2015 SEC Fraud

SEC Settles Fraud Case Regarding Restrictive Language With KBR, Inc.

Whistleblowers with knowledge of possible securities fraud are able to report this fraud confidentially under the relatively new whistleblower provisions of the 2010 Dodd Frank Act. If an employee opts to report the information directly to the government, he or she is thereafter protected from retaliatory maneuvers by the employer […]
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