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SEC Whistleblower Lawyer Blog

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The SEC announced yet another award to a whistleblower who helped initiate a successful enforcement action. Jane Norberg, Chief of the SEC’s Office of the Whistleblower, stated: “The whistleblower alerted the SEC to previously unknown conduct and thereafter provided multiple submissions, identified potential witnesses, and met with staff on several occasions. As the numerous recent awards make clear, whistleblowers like the one awarded today play an integral part in the success of the SEC’s enforcement program.”   The whistleblower will receive an award of $1.5M for providing information and assistance to the agency that led to the successful enforcement action. Whistleblowers are awarded monies when they provide “original, timely, and credible information” to the agency that concludes with a successful enforcement action like this one. The award monies are taken from a fund established by Congress of collected financial sanctions from wrongdoers. Nothing is taken from defrauded or harmed investors. When sanctions exceed $1M, the individual may be eligible for an award ranging from 10% to 30% of the collected monies.The SEC announced yet another award to a whistleblower who helped initiate a successful enforcement action.

Jane Norberg, Chief of the SEC’s Office of the Whistleblower, stated:

“The whistleblower alerted the SEC to previously unknown conduct and thereafter provided multiple submissions, identified potential witnesses, and met with staff on several occasions. As the numerous recent awards make clear, whistleblowers like the one awarded today play an integral part in the success of the SEC’s enforcement program.”   Continue reading

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A senior financial analyst at The Walt Disney Company internally reported billions of dollars of alleged financial irregularities and claims that she was harassed and retaliated against for speaking out. In 2017 she filed an SEC whistleblower complaint. Now she is suing Disney. Sandra Kuba, the plaintiff in a lawsuit against Disney, is a certified Public Accountant (CPA) who was hired as a financial analyst for Disney Financial Services in 1999. Her complaint (link to complaint saved in downloads “Sandra Kuba…”) states that “Throughout her employment, Plaintiff worked incredibly hard and consistently received positive performance reviews.” SEC Whistleblower Alleges Disney Overstated Revenue In 2013, Disney promoted Kuba to the position of senior financial analyst. Kuba claims that she became aware that employees in the parks and resorts segment were systematically overstating revenue “by billions of dollars by exploiting weaknesses in the company’s accounting software.” One of the ways Kuba alleges Disney employees did this was by “recording fictitious revenue for complimentary golf rounds or for free guest promotions.” She also alleged that revenue for $500 gift cards was recorded at face value even though guests only paid a discounted rate of $395 for them. Kuba alleges that she reported this wrongdoing to her supervisors but was ignored. In 2017, she emailed her allegations to the president of Walt Disney World Resort, George Kalogridis.A senior financial analyst at The Walt Disney Company internally reported billions of dollars of alleged financial irregularities and claims that she was harassed and retaliated against for speaking out. In 2017 she filed an SEC whistleblower complaint. Now she is suing Disney.

Sandra Kuba, the plaintiff in a lawsuit against Disney, is a certified Public Accountant (CPA) who was hired as a financial analyst for Disney Financial Services in 1999. Her complaint states that “Throughout her employment, Plaintiff worked incredibly hard and consistently received positive performance reviews.” Continue reading

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Two whistleblowers who notified the Securities & Exchange Commission about misconduct that occurred outside of the US were rewarded by the agency today. The SEC announced that it has awarded $5M to these two overseas whistleblowers. Their information about the misconduct supported several allegations that led to an enforcement action. The whistleblowers filed a joint tip that ended up with an SEC investigation into misconduct occurring abroad that violated US securities laws. The information provided by these individuals exposed misconduct that would otherwise been more difficult for the agency to uncover. Whistleblowers from 130 countries have provided information to the SEC since its inception in 2012. US Securities violations occur from all around the world, so the SEC encourages people from outside the US from any country to submit information they believe is critical to uncovering and combating potential violations.Two whistleblowers who notified the Securities & Exchange Commission about misconduct that occurred outside of the US were rewarded by the agency today.

The SEC announced that it has awarded $5M to these two overseas whistleblowers. Their information about the misconduct supported several allegations that led to an enforcement action. Continue reading

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The SEC’s Office of the Whistleblower recently awarded two individuals a total of $2.9M in payments after alerting investigators to improper conduct in two separate cases. In a press release dated February 19, 2021, the SEC announced two awards: The first case led to a $2.2 million whistleblower award after providing investigators with quality information that resulted in an SEC enforcement action. Because of this information, the SEC was able to thwart wrongdoing and return millions of dollars to the defrauded investors. The whistleblower in the second case alerted the SEC to a fraudulent reporting scheme that led to the investigation. This whistleblower helped to identify key documents and witnesses, as well as provided other crucial evidence in the case. The SEC awarded this whistleblower $700,000 as a result. Jane Norbeg, Chief of the SEC’s Office of the Whistleblower stated: “Both whistleblowers who received awards today raised their concerns internally and then timely reported those concerns to the Commission. The return of millions of dollars to harmed clients in one matter, and the uncovering of a fraudulent scheme in the other matter, underscore the tremendous value that whistleblowers provide.”The SEC’s Office of the Whistleblower recently awarded two individuals a total of $2.9M in payments after alerting investigators to improper conduct in two separate cases. In a press release dated February 19, 2021, the SEC announced two awards:

  • The first case led to a $2.2 million whistleblower award after providing investigators with quality information that resulted in an SEC enforcement action. Because of this information, the SEC was able to thwart wrongdoing and return millions of dollars to the defrauded investors. Continue reading

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Scott Silver, Silver Law Group’s managing partner and publisher of www.secwhistleblowerlawyers.net, represented an SEC whistleblower in a $1.8 million award for providing critical information that helped the SEC recover millions of dollars for investors. Scott Silver represented the whistleblower with Boca Raton attorney James Sallah. Both attorneys were recently interviewed for an article on Law.com and Daily Business Review. SEC Whistleblower Complaint The whistleblower worked as a broker at Morgan Stanley. He and others were told about the CitiFX Alpha trading program, which he recommended to clients in 2010 and 2011 believing it was a safe investment because of false and misleading statements made to him.Scott Silver, Silver Law Group’s managing partner and publisher of www.secwhistleblowerlawyers.net, represented an SEC whistleblower in a $1.8 million award for providing critical information that helped the SEC recover millions of dollars for investors.

Scott Silver represented the whistleblower with Boca Raton attorney James Sallah. Both attorneys were recently interviewed for an article on Law.com and Daily Business Review. Continue reading

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On January 1st, 2021, Congress voted to amend the Securities and Exchange Act of 1934 (Exchange Act), enacting into law the following provisions: The Securities and Exchange Commission (SEC) now has statutory authority to seek disgorgement in civil enforcement actions in federal district court; The statute of limitations in certain SEC actions is now tolled while defendants are outside of the United States; and The statute of limitations for scienter-based claims is now ten years, double the previous limitations period of five. SEC’s Disgorgement Authority Recently Litigated in Supreme Court Before these Congressional amendments, the SEC was not expressly authorized to seek disgorgement for securities laws violations. Historically, the SEC obtained disgorgement under the legal theory of “equitable relief,” but recent challenges in court questioned its validity. Congress’ amendment of the Exchange Act was a direct response to recent Supreme Court decisions Kokesh and Liu, in which the Supreme Court questioned and ultimately limited the SEC’s ability to obtain disgorgement. The SEC publicly criticized these decisions, noting that since the Kokesh decision in 2017, the SEC has lossed out on more than $1 billion in disgorgement – recovered funds that could have otherwise been partially awarded to SEC whistleblowers. On January 1st, 2021, Congress voted to amend the Securities and Exchange Act of 1934 (Exchange Act), enacting into law the following provisions:

  • The Securities and Exchange Commission (SEC) now has statutory authority to seek disgorgement in civil enforcement actions in federal district court;
  • The statute of limitations in certain SEC actions is now tolled while defendants are outside of the United States; and
  • The statute of limitations for scienter-based claims is now ten years, double the previous limitations period of five.

Continue reading

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On December 1, 2020, the Securities and Exchange Commission (SEC) announced that two whistleblowers had been awarded over $6 million for providing information and assistance that led to a successful enforcement action. The SEC’s press release called the whistleblowers’ assistance substantial and stated that they provided it to the SEC and another government agency. Their assistance included providing documents, taking part in interviews, and identifying individuals involved in the misconduct. Jane Norberg, Chief of the SEC’s Office of the Whistleblower said “The whistleblowers’ information led to multiple successful government actions related to a complex scheme involving several individuals and tens of millions of dollars in ill-gotten gains. Today’s award demonstrates the significant contributions whistleblowers make to investigations that can save the SEC and other government agencies substantial time and resources.”On December 1, 2020, the Securities and Exchange Commission (SEC) announced that two whistleblowers had been awarded over $6 million for providing information and assistance that led to a successful enforcement action.

The SEC’s press release called the whistleblowers’ assistance substantial and stated that they provided it to the SEC and another government agency. Their assistance included providing documents, taking part in interviews, and identifying individuals involved in the misconduct. Continue reading

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The Securities and Exchange Commission (SEC) announced that whistleblower awards totaling almost $3M had been paid to five people who provided information to the commission that led to three different enforcement actions. Orders Determining Whistleblower Claim The first order awarded $1.8 million to one whistleblower who “provided information that would have been difficult to detect in the absence of the tip and provided extraordinary assistance to SEC staff resulting in the return of the money to investors.” Scott Silver, Silver Law Group’s managing partner which publishes this site, represented this whistleblower and helped him submit his tip years ago. The whistleblower had been a broker at Morgan Stanley Smith Barney. His tip related to fraudulent marketing regarding a foreign currency trading program by Morgan Stanley and Citigroup. The SEC investigated and collected almost $6 million in disgorgement and penalties. Given our client’s high-quality information and professional hardships suffered, we requested that he receive the maximum 30% award, which he did.The Securities and Exchange Commission (SEC) announced that whistleblower awards totaling almost $3M had been paid to five people who provided information to the commission that led to three different enforcement actions.

Orders Determining Whistleblower Claim

The first order awarded $1.8 million to one whistleblower who “provided information that would have been difficult to detect in the absence of the tip and provided extraordinary assistance to SEC staff resulting in the return of the money to investors.” Scott Silver, Silver Law Group’s managing partner which publishes this site, represented this whistleblower and helped him submit his tip years ago. Continue reading

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On November 5, 2020, the SEC (Securities and Exchange Commission) put out a press release announcing that two separate whistleblowers were awarded a total of $4.3 million. The Commission awarded over $3.6 million to one whistleblower for “providing important information that alerted the Commission to misconduct abroad.” The release states that the whistleblower provided “substantial and ongoing assistance to enforcement staff, which included traveling to another country at the whistleblower’s own expense to meet with staff in person and providing extensive supporting documentation.” The other whistleblower announced in the press release was awarded $750,000 for providing information about an ongoing fraud. The whistleblower met with SEC staff in person and explained the workings of a fraudulent scheme. Jane Norberg, chief of the SEC’s Office of the Whistleblower, said “Whistleblowers play an important role in helping to identify misconduct, and the assistance they provide can be integral to an investigation. Both whistleblowers who received awards today reflect these important contributions whistleblowers can make to the success of enforcement actions.”On November 5, 2020, the SEC (Securities and Exchange Commission) put out a press release announcing that two separate whistleblowers were awarded a total of $4.3 million.

The Commission awarded over $3.6 million to one whistleblower for “providing important information that alerted the Commission to misconduct abroad.” The release states that the whistleblower provided “substantial and ongoing assistance to enforcement staff, which included traveling to another country at the whistleblower’s own expense to meet with staff in person and providing extensive supporting documentation.” Continue reading

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