ATTORNEY ADVERTISING
Our Attorneys

SEC Whistleblower Lawyer Blog

Our Attorneys Include a Former SEC Prosecutor and Wall Street Defense Counsel

by

On June 17, 2024, the U.S. Securities and Exchange Commission (“SEC”) announced a $37 million dollar whistleblower award, marking this the first whistleblower award of 2024. While the Dodd-Frank Act mandates confidentiality regarding the whistleblower's identity and enforcement action, this substantial award underscores the SEC's ongoing commitment to investor protection. Chief of the SEC’s Office of the Whistleblower, Creola Kelly, emphasized, “Today’s award illustrates the importance of the SEC’s whistleblower program, as the whistleblower’s information helped the agency return millions of dollars to harmed investors.”On June 17, 2024, the U.S. Securities and Exchange Commission (SEC) announced a $37 million dollar whistleblower award, marking this the first whistleblower award of 2024. While the Dodd-Frank Act mandates confidentiality regarding the whistleblower’s identity and enforcement action, this substantial award underscores the SEC’s ongoing commitment to investor protection. Continue reading

by

On June 17, 2024, the U.S. Commodity Futures Trading Commission (the “CFTC”) reached a $55 million settlement with Trafigura Trading LLC, marking a significant aggressive shift in the agency's approach to whistleblower protections.  This case sets a new precedent in the CFTC’s enforcement program and underscores the CFTC's commitment to protecting whistleblowers. In its settlement, the CFTC alleged that Trafigura manipulated oil derivatives prices, exploited confidential information to gain an unfair advantage in gasoline transactions and, most importantly, that Trafigura failed to carve out an exception for whistleblowers in its employment agreement's confidentiality provisions. This marks the first time the CFTC has publicly taken a position on this whistleblower protection issue.  The whistleblower carveout requires non-disclosure provisions to explicitly permit communications with law enforcement or regulators.  The CFTC argues that absent these carveouts, such provisions cause confusion and impede voluntary, direct communications with regulators, like the CFTC, about possible violations.On June 17, 2024, the U.S. Commodity Futures Trading Commission (the “CFTC”) reached a $55 million settlement with Trafigura Trading LLC, marking a significant aggressive shift in the agency’s approach to whistleblower protections. This case sets a new precedent in the CFTC’s enforcement program and underscores the CFTC’s commitment to protecting whistleblowers. Continue reading

by

The latest $1.25 million award from the Commodities Futures Trading Commission (CFTC) goes to a whistleblower who first reported misconduct internally to their employer, who then ignored the report. Following 120 days of the company’s inaction, the individual submitted the information to the CFTC, who immediately opened an investigation. As part of the CFTC’s “safe harbor” rule, the whistleblower must wait 120 days after reporting internally before submitting information. This is the first time the CFTC’s 120-day “safe harbor” provision has applied to a whistleblower who worked in an auditing or internal compliance capacity. Individuals in these positions have more stringent requirements. This whistleblower complied with those requirements when reporting. The information from the whistleblower was original and given voluntarily. It was the only reason the CFTC opened its investigation. The information “was quite significant,” according to the order, calling it “useful” during the investigation.The latest $1.25 million award from the Commodities Futures Trading Commission (CFTC) goes to a whistleblower who first reported misconduct internally to their employer, who then ignored the report. Following 120 days of the company’s inaction, the individual submitted the information to the CFTC, who immediately opened an investigation. Continue reading

by

The US Department of Justice is planning to launch its own whistleblower program using the same model as the Securities and Exchange Commission (SEC) and Commodities Futures Trading Commission (CFTC). They will offer financial incentives to individuals who report wrongdoing and are ineligible for other rewards. Deputy Attorney General Lisa Monaco announced the pilot program at an American Bar Association conference on white collar crime on March 7, 2024. The DOJ will develop the program over the next 90 days and launch the program later in the year. The Department will study the SEC’s and other federal whistleblower programs to develop its own. “Going back to the days of ‘Wanted’ posters across the Old West, law enforcement has long offered rewards to coax tipsters out of the woodwork,” Monaco said. “Now’s the time to expand our use of this tool in corporate misconduct cases and apply it to reward whistleblowing.”The US Department of Justice is planning to launch its own whistleblower program using the same model as the Securities and Exchange Commission (SEC) and Commodities Futures Trading Commission (CFTC). They will offer financial incentives to individuals who report wrongdoing and are ineligible for other rewards. Continue reading

by

The Commodity Futures Trading Commission’s Whistleblower Office has a new director, Brian Young. The announcement was made recently by CFTC’s chairman, Rostin Behnam. He comes from the Department of Justice (DOJ), where he was previously the acting director of litigation for the Antitrust Division. Brian Young started his career at the Department of Justice (DOJ) as an Attorney General’s Honors Program Attorney in the Fraud Section of the Civil Division. There, he prosecuted violations of the civil False Claims Act, with a significant number initiated by whistleblowers. His work primarily targeted fraud within federal healthcare and defense programs. Young also managed criminal prosecutions under the Sherman Act and handled civil merger and antitrust conduct litigation. Before that, he spent 11 years in the Fraud Section of the Criminal Division, holding various positions. Eventually, he was appointed as the chief of the Fraud Section’s Litigation Unit, where he supervised the litigation efforts of around 150 white-collar prosecutors.The Commodity Futures Trading Commission’s Whistleblower Office has a new director, Brian Young. The announcement was made recently by CFTC’s chairman, Rostin Behnam. He comes from the Department of Justice (DOJ), where he was previously the acting director of litigation for the Antitrust Division. Continue reading

by

The SEC (US Securities and Exchange Commission) has exacting criteria for both submission of whistleblower tips and their issuance of any financial bounties, including the amounts. How SEC Whistleblower Awards Are Determined The general rule for the award amount is 10% to 30% of all monetary fines collected from the entities in question based on a judgment in excess of $1 million. The money is not taken from investor funds. The fines and other civil penalties imposed on and collected from those involved in misconduct goes into the fund that pays the SEC’s whistleblower awards. Occasionally other federal agencies separately offer their own awards in addition to the SEC’s bounties. They are awarded and calculated separately from the SEC’s. The awards are not made automatically, and the whistleblower must submit a claim them once the case is published on the SEC’s website.The SEC (US Securities and Exchange Commission) has exacting criteria for both submission of whistleblower tips and their issuance of any financial bounties, including the amounts.

How SEC Whistleblower Awards Are Determined

The general rule for the award amount is 10% to 30% of all monetary fines collected from the entities in question based on a judgment in excess of $1 million. The money is not taken from investor funds. The fines and other civil penalties imposed on and collected from those involved in misconduct goes into the fund that pays the SEC’s whistleblower awards. Continue reading

by

The U.S. Supreme Court has found that a whistleblower is entitled to protection from retaliation under federal law, and not required to show proof or intent from their employers. The Court ruled in favor of whistleblower Trevor Murphy who was awarded $900K in a jury verdict in 2017 after his employer, UBS, unlawfully fired him. The ruling was unanimous. SEC whistleblower attorney Scott Silver commented “This landmark Supreme Court decision will bolster whistleblower rights and protect whistleblower’s from retaliation in the workplace.” The justices then rejected UBS’s claim that Murray was required to show retaliatory intent for whistleblower protection under the Sarbanes-Oxley Act. This act is the law that governs corporate financial reporting and recordkeeping.The U.S. Supreme Court has found that a whistleblower is entitled to protection from retaliation under federal law, and not required to show proof or intent from their employers. The Court ruled in favor of whistleblower Trevor Murphy who was awarded $900K in a jury verdict in 2017 after his employer, UBS, unlawfully fired him. The ruling was unanimous.

SEC whistleblower attorney Scott Silver commented “This landmark Supreme Court decision will bolster whistleblower rights and protect whistleblower’s from retaliation in the workplace.” Continue reading

by

The SEC (Securities & Exchange Commission) has filed a summary judgment against two former employees of Bridgewater, NJ-based Synchronoss Technologies, Inc. They are the former CFO, Karen Rosenberger, and the former Synchronoss controller, Joanna Lanni. The two engaged in accounting misconduct that led to the company’s overstatement of revenue. This led to the company meeting revenue expectations that it would not have otherwise. The SEC’s complaint details that Rosenberger aided and abetted the company’s public filing of false financial statements regarding five of Synchronoss’ transactions and engaged in fraud with three of them. The company had to later restate the five transactions. Two of these transactions were with AT&T, one of Synchronoss’s largest customers. Another transaction involved the company’s acquisition of another business.The SEC (Securities & Exchange Commission) has filed a summary judgment against two former employees of Bridgewater, NJ-based Synchronoss Technologies, Inc. They are the former CFO, Karen Rosenberger, and the former Synchronoss controller, Joanna Lanni. The two engaged in accounting misconduct that led to the company’s overstatement of revenue. This led to the company meeting revenue expectations that it would not have otherwise. Continue reading

Badges
Contact Information
Silver Law Group
11780 W Sample Rd
Coral Springs, FL 33065
Phone: 954.755.4799 Toll Free: 800.975.4345
The Law Firm of David R. Chase, P.A.
1700 E Las Olas Blvd
#305
Fort Lauderdale, FL 33301
Phone: 954.920.7779
By Appointment Only
229 W 36th St 8th Floor
New York, NY 10018
Phone: 212.377.5227
By Appointment Only
4755 Technology Way #205
Boca Raton, FL 33431
Phone: 561.665.8613
ATTORNEY ADVERTISING

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2026, Silver Law Group
JUSTIA Law Firm Blog Design