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Category Archives: Corporate Whistleblowers

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Thousands of Whistleblower Cases in Jeopardy

Posted in Corporate Whistleblowers
This term the U.S. Supreme Court will decide Digital Realty Trust v. Somers (Digital), one of the most important whistleblower cases to come before the Court in 20-years.   The Chamber of Commerce and its Wall Street allies want to strip all employees who report securities frauds internally to their compliance departments or managers from protection under the Dodd-Frank Act’s (DFA)… Continue Reading

U.S. Supreme Court to Review Dodd-Frank Anti-Retaliation Provisions

Posted in Corporate Whistleblowers, News
Corporate whistleblower protection “undermined” if internal complaints not protected. Washington, D.C. June 26, 2017.  The U.S. Supreme Court granted certiorari today in the case of Digital Realty Trust, Inc. v. Somers, Paul.  The Court will decide the issue of whether internal reports to managers are covered under the Dodd-Frank Act’s anti-retaliation law.… Continue Reading

NWC Statement Clarifies History Behind Dodd-Frank Anti-Retaliation Provisions

Posted in Corporate Whistleblowers
Internal whistleblowers protected by Dodd-Frank ActCorporate Attack on Internal Whistleblowers Rebutted In an article published on June 22, 2017,  by Law360, Stephen M. Kohn, executive director of the National Whistleblower Center (NWC) and partner in the whistleblower rights law firm of Kohn, Kohn and Colapinto, revealed previously unknown information regarding the legislative history of the anti-retaliation language in the Dodd-Frank Act (Dodd-Frank).  A controversy exists regarding these… Continue Reading

NWC Leads Opposition to Anti-Whistleblower Financial CHOICE Act

Posted in Corporate Whistleblowers
Later this week, the House of Representatives is set to vote on the Financial CHOICE Act. Congressman Jeb Hensarling (R – TX), Chair of the House Financial Services Committee, designed and championed this bill. The CHOICE Act will repeal major parts of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act, and deregulate U.S. financial markets. The bill also advances… Continue Reading

National Whistleblower Center Testifies Before House Committee in Defense of the SEC Whistleblower Program

Posted in Corporate Whistleblowers
Today, National Whistleblower Center Executive Director Stephen Kohn submitted testimony to the House Financial Services Committee in defense of the Securities and Exchange Commission’s (SEC) whistleblower program—a highly successful program that has protected investors and recovered $1 billion from Wall Street fraudsters since its inception. Section 823 of the draft Financial Choice Act of 2017 directly, and negatively, impacts the… Continue Reading

Amicus Filed in Major SOX case, Genberg v. Porter

Posted in Corporate Whistleblowers
On Friday, January 6th 2017, the National Whistleblower Center filed an Amicus Brief before the Tenth Circuit in Genberg v. Porter. The Genberg case deals with the definition of reasonable belief under the Sarbanes-Oxley Act (SOX). SOX requires whistleblowers to have a reasonable belief that a violation has happened or might happen in the future in order to be protected.… Continue Reading

SEC: Incentives for Whistleblowers Best Way to Uncover Securities Law Violations

Posted in Corporate Whistleblowers, International
Washington, DC, November 16, 2016. The Securities and Exchange Commission (SEC) Whistleblower Program had its most successful year to date in 2016. The agency, which issued its annual report to Congress today, reports it issued awards totaling over $57 million in 2016—higher than all award amounts issued in previous years combined. The Office of the Whistleblower (OWB) received over 4,200… Continue Reading

Brazilian Aircraft Maker Settles Bribery Charges for $205 Million

Posted in Claim SEC Award, Corporate Whistleblowers, International
On Tuesday October 25th, the Securities and Exchange Commission announced a global settlement along with the U.S. Department of Justice and Brazilian authorities that requires aircraft manufacturer Embraer S.A. to pay more than $205 million to resolve alleged violations of the Foreign Corrupt Practices Act (FCPA).… Continue Reading

Och-Ziff Hedge Fund Pays Over $400 Million to Settle Foreign Bribery Charges

Posted in Claim SEC Award, Corporate Whistleblowers
Och-Ziff Hedge Fund Pays Over $400 Million to Settle Foreign Bribery ChargesWashington D.C. October 9, 2016.  Och-Ziff Capital Management Group (Och-Ziff), A New York-based alternative investment and hedge fund manager, agreed to pay a combined total amount of U.S. criminal and regulatory penalties of approximately $412 million to settle charges it violated the Foreign Corrupt Practices Act.  In separate announcements yesterday the Securities and Exchange Commission (SEC) and the Department of… Continue Reading

Wells Fargo Whistleblower Cases Will Get Second Look

Posted in Corporate Whistleblowers
Wells Fargo Whistleblower Cases Will Get Second LookWashington, D.C. September 28, 2016. U.S. Secretary of Labor Thomas Perez vowed a “Top-to-Bottom” review of whistleblower complaints filed by Wells Fargo employees over the last six years. Sec. Perez made this promise in response to a request last week by several Senators, including Senator Elisabeth Warren, for the Department of Labor (DOL) to investigate whether Wells Fargo violated the… Continue Reading

New Chief of SEC Whistleblower Office Named

Posted in Corporate Whistleblowers
SEC Says Employees Protected For Internal WhistleblowingThe Securities and Exchange Commission (SEC) announced that Jane Norberg will now head its whistleblower office.  The SEC Office of the Whistleblower reviews whistleblower tips, evaluates whistleblower award claims, and makes recommendations on whether claimants should receive an award for their information. Ms. Norberg has served as acting chief since the departure of Sean McKessy in July.… Continue Reading

SEC Whistleblower Awards Top $100 Million

Posted in Corporate Whistleblowers
The Securities and Exchange Commission (SEC) announced August 30, 2016 that it has awarded over $100 million to whistleblowers since its inception in 2011.  The SEC’s whistleblower program was established by Congress to incentivize whistleblowers with specific, timely and credible information about federal securities law violations to report to the SEC.… Continue Reading

CFTC Asks for Public Comments on Whistleblower Rule Changes

Posted in Corporate Whistleblowers, News
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… Continue Reading

Deutsche Bank Whistleblower Should Accept SEC Whistleblower Award

Posted in Claim SEC Award, Corporate Whistleblowers
Deutsche Bank Whistleblower Should Accept SEC Whistleblower AwardThere 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… Continue Reading

SEC Fines Company for Whistleblower Protection Violations

Posted in Corporate 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 Whistleblower Awards List June 2016

Posted in Claim SEC Award
SEC Says Employees Protected For Internal WhistleblowingThe SEC Office of the Whistleblower posts Notices of Covered Action where a final judgment or order, by itself or together with other prior judgments or orders in the same action issued after July 21, 2010, results in monetary sanctions exceeding $1 million. Subject to the Final Rules, individuals who voluntarily provided the Commission with original information after July 21, 2010 that led… Continue Reading

Sean McKessy, Chief of SEC’s Whistleblower Office, Leaving Agency Later This Month

Posted in Corporate Whistleblowers, News
SEC Says Employees Protected For Internal WhistleblowingWashington, D.C., July 8, 2016. Last week, the Securities and Exchange Commission announced that the Chief of the Office of the Whistleblower, Sean McKessy, would leave the agency in July. Mr. McKessy was the first head of the SEC’s whistleblower program and helped to establish the important and effective whistleblower office.… Continue Reading

National Whistleblower Center Launches Campaign to Protect Auto Safety Whistleblowers

Posted in Corporate Whistleblowers
The National Whistleblower Center has just launched a campaign to demand the Department of Transportation protect whistleblowers effectively. Under part V of the Fixing America’s Surface Transportation Act (FAST Act) the Transportation Department now has the responsibility to protect whistleblowers who report violations of motor vehicle safety laws. The NWC’s Action Alert is linked here. This legislation has the potential… Continue Reading