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'''Information on this wiki is provided for informational purposes only and should not be construed as or relied upon as legal advice. This wiki may be deemed attorney advertising. If you are seeking advice concerning a [https://www.zuckermanlaw.com/sp_faq/what-is-a-whistleblower-reward/ whistleblower reward] or [https://www.zuckermanlaw.com/legal-services/whistleblower-retaliation-and-whistleblower-protection-lawyers/ whistleblower retaliation] matter, contact [https://www.zuckermanlaw.com/sp_faq/choose-best-whistleblower-attorney/ experienced counsel]. [https://www.zuckermanlaw.com/attorneys-profile/matthew-stock-cpa/ Matt Stock] and [https://www.zuckermanlaw.com/attorneys-profile/jason-zuckerman/ Jason Zuckerman] are responsible for the content on this wiki.''' | '''Information on this wiki is provided for informational purposes only and should not be construed as or relied upon as legal advice. This wiki may be deemed attorney advertising. If you are seeking advice concerning a [https://www.zuckermanlaw.com/sp_faq/what-is-a-whistleblower-reward/ whistleblower reward] or [https://www.zuckermanlaw.com/legal-services/whistleblower-retaliation-and-whistleblower-protection-lawyers/ whistleblower retaliation] matter, contact [https://www.zuckermanlaw.com/sp_faq/choose-best-whistleblower-attorney/ experienced counsel]. [https://www.zuckermanlaw.com/attorneys-profile/matthew-stock-cpa/ Matt Stock] and [https://www.zuckermanlaw.com/attorneys-profile/jason-zuckerman/ Jason Zuckerman] are responsible for the content on this wiki.''' | ||
== SEC Whistleblower Program == | == '''SEC Whistleblower Program''' == | ||
Under the SEC Whistleblower Program, the SEC will issue awards to whistleblowers who provide original information that leads to enforcement actions with total monetary sanctions (penalties, disgorgement, and interest) in excess of $1 million. In exchange for the valuable information, '''a whistleblower may receive an award of between 10% and 30% of the total monetary sanctions collected.''' | Under the SEC Whistleblower Program, the SEC will issue awards to whistleblowers who provide original information that leads to enforcement actions with total monetary sanctions (penalties, disgorgement, and interest) in excess of $1 million. In exchange for the valuable information, '''a whistleblower may receive an award of between 10% and 30% of the total monetary sanctions collected.''' | ||
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# [https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/SEC_Whistleblower_Program#International_Schemes_and_SEC_Enforcement_Actions International Schemes and SEC Enforcement Actions] | # [https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/SEC_Whistleblower_Program#International_Schemes_and_SEC_Enforcement_Actions International Schemes and SEC Enforcement Actions] | ||
== [https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/CFTC_Whistleblower_Program CFTC Whistleblower Program] == | == '''[https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/CFTC_Whistleblower_Program CFTC Whistleblower Program]''' == | ||
The '''CFTC Whistleblower Reward Program''' [https://www.natlawreview.com/article/cftc-whistleblower-program-annual-report-reveals-active-year-and-success-enlisting provides whistleblowers with a strong monetary incentive], as well as anti-retaliation protections, for reporting wrongdoing to the CFTC. This includes violations or fraud in connection with: | The '''CFTC Whistleblower Reward Program''' [https://www.natlawreview.com/article/cftc-whistleblower-program-annual-report-reveals-active-year-and-success-enlisting provides whistleblowers with a strong monetary incentive], as well as anti-retaliation protections, for reporting wrongdoing to the CFTC. This includes violations or fraud in connection with: | ||
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# [https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/CFTC_Whistleblower_Program#CFTC_Prohibits_.E2.80.9CGag_Clauses.E2.80.9D_in_Confidentiality_and_Employment_Agreements CFTC Prohibits “Gag Clauses” in Confidentiality and Employment Agreements] | # [https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/CFTC_Whistleblower_Program#CFTC_Prohibits_.E2.80.9CGag_Clauses.E2.80.9D_in_Confidentiality_and_Employment_Agreements CFTC Prohibits “Gag Clauses” in Confidentiality and Employment Agreements] | ||
==[https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/False_Claims_Act False Claims Act]== | =='''[https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/False_Claims_Act False Claims Act]'''== | ||
The [https://www.zuckermanlaw.com/false-claims-act-resources-corporate-whistleblowers/ False Claims Act] authorizes whistleblowers, also known as qui tam “relators,” to bring suits on behalf of the United States against the false claimant and obtain a portion of the recovery, otherwise known as a relator share. The phrase “qui tam” is short for qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning “who [qui] sues in this matter for the king as well as [tam] for himself.” U.S. ex rel. Bogina v. Medline Indus., Inc., 809 F.3d 365, 368 (7th Cir. 2016). | The [https://www.zuckermanlaw.com/false-claims-act-resources-corporate-whistleblowers/ False Claims Act] authorizes whistleblowers, also known as qui tam “relators,” to bring suits on behalf of the United States against the false claimant and obtain a portion of the recovery, otherwise known as a relator share. The phrase “qui tam” is short for qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning “who [qui] sues in this matter for the king as well as [tam] for himself.” U.S. ex rel. Bogina v. Medline Indus., Inc., 809 F.3d 365, 368 (7th Cir. 2016). | ||
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# [https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/False_Claims_Act#The_False_Claims_Act_Protects_Whistleblowers_from_Retaliation The False Claims Act Protects Whistleblowers from Retaliation] | # [https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/False_Claims_Act#The_False_Claims_Act_Protects_Whistleblowers_from_Retaliation The False Claims Act Protects Whistleblowers from Retaliation] | ||
== [https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/IRS_Whistleblower_Reward_Program IRS Whistleblower Reward Program] == | == '''[https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/IRS_Whistleblower_Reward_Program IRS Whistleblower Reward Program]''' == | ||
The IRS estimates that the United States loses more than [https://www.irs.gov/pub/irs-soi/p1415.pdf $450 billion] per year to tax evasion. To combat tax fraud, Congress enacted legislation providing robust incentives for whistleblowers to report tax fraud. Under [https://zuckermanlaw.com/wp-content/uploads/2020/06/26-USC-%C2%A7-7623.pdf 26 USC § 7623(b)], the IRS is '''required to issue an award to tax whistleblowers of 15% to 30%''' of proceeds collected from tax fraud or tax underpayments if: | The IRS estimates that the United States loses more than [https://www.irs.gov/pub/irs-soi/p1415.pdf $450 billion] per year to tax evasion. To combat tax fraud, Congress enacted legislation providing robust incentives for whistleblowers to report tax fraud. Under [https://zuckermanlaw.com/wp-content/uploads/2020/06/26-USC-%C2%A7-7623.pdf 26 USC § 7623(b)], the IRS is '''required to issue an award to tax whistleblowers of 15% to 30%''' of proceeds collected from tax fraud or tax underpayments if: | ||
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On July 2, 2019, the Taxpayer First Act was signed into law. The law provides tax whistleblowers, among other things, [https://www.zuckermanlaw.com/irs-tax-fraud-whistleblower-protection-law/ significant protections against retaliation]. Read more about the tax whistleblower protection law [https://www.zuckermanlaw.com/irs-tax-fraud-whistleblower-protection-law/ here]. | On July 2, 2019, the Taxpayer First Act was signed into law. The law provides tax whistleblowers, among other things, [https://www.zuckermanlaw.com/irs-tax-fraud-whistleblower-protection-law/ significant protections against retaliation]. Read more about the tax whistleblower protection law [https://www.zuckermanlaw.com/irs-tax-fraud-whistleblower-protection-law/ here]. | ||
== [https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/Anti-Money_Laundering_Whistleblower_Program Anti-Money Laundering Whistleblower Program] == | == '''[https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/Anti-Money_Laundering_Whistleblower_Program Anti-Money Laundering Whistleblower Program]''' == | ||
On January 1, 2021, Congress enacted the Anti-Money Laundering Act (AMLA), a comprehensive reform of anti-money laundering laws. Recognizing the [https://www.zuckermanlaw.com/top-reasons-why-sec-whistleblower-program-successful/ success of whistleblower incentives in combatting fraud] against the government, securities fraud, tax fraud, commodities fraud, and other types of fraud, Congress included in the AMLA a provision that incentivizes whistleblowers to report violations of the anti-money laundering laws to the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). | On January 1, 2021, Congress enacted the Anti-Money Laundering Act (AMLA), a comprehensive reform of anti-money laundering laws. Recognizing the [https://www.zuckermanlaw.com/top-reasons-why-sec-whistleblower-program-successful/ success of whistleblower incentives in combatting fraud] against the government, securities fraud, tax fraud, commodities fraud, and other types of fraud, Congress included in the AMLA a provision that incentivizes whistleblowers to report violations of the anti-money laundering laws to the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). | ||
== [https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/Whistleblower_Protection_Laws Whistleblower Protection Laws] == | == '''[https://whistleblower-rewards-and-protections-wiki.zuckermanlaw.com/index.php/Whistleblower_Protection_Laws Whistleblower Protection Laws]''' == | ||
'''The Dodd-Frank Act, which created the SEC Whistleblower Program, prohibits retaliation against whistleblowers for raising concerns about potential securities law violations.''' Remedies for a prevailing whistleblower include reinstatement, double back pay, litigation costs, expert witness fees, and attorneys’ fees. | '''The Dodd-Frank Act, which created the SEC Whistleblower Program, prohibits retaliation against whistleblowers for raising concerns about potential securities law violations.''' Remedies for a prevailing whistleblower include reinstatement, double back pay, litigation costs, expert witness fees, and attorneys’ fees. | ||
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*In FY 2021, the most common violations reported by SOX whistleblowers were Manipulation (25%), Corporate Disclosures and Financials (16%), Offering Fraud (16%), Trading and Pricing (6%), and Initial Coin Offerings and Cryptocurrencies (6%). | *In FY 2021, the most common violations reported by SOX whistleblowers were Manipulation (25%), Corporate Disclosures and Financials (16%), Offering Fraud (16%), Trading and Pricing (6%), and Initial Coin Offerings and Cryptocurrencies (6%). | ||
*In FY 2021, SEC received tips from individuals in 99 foreign countries, as well as from every state in the United States and the District of Columbia. And approximately 20% of the whistleblowers that received awards in FY 2021 were based outside of the United States. | *In FY 2021, SEC received tips from individuals in 99 foreign countries, as well as from every state in the United States and the District of Columbia. And approximately 20% of the whistleblowers that received awards in FY 2021 were based outside of the United States. | ||