Whistleblower

The Securities and Exchange Commission (SEC) has recently announced settlements with a number of companies whose separation agreements or internal policies the SEC viewed as impeding employees’ participation in the SEC’s whistleblower program, including privately-held companies not otherwise regulated by the SEC.

The Upshot

  • The SEC’s whistleblower program gives broad protections to individuals seeking to report potential violations of the securities laws, and has been aggressively enforced since its adoption in 2011.
… Continue Reading

On December 29, 2022, Congress passed the “Anti-Money Laundering Whistleblower Improvement Act” to motivate both would-be whistleblowers and the plaintiffs’ bar to pursue Anti-Money Laundering Act of 2020 (“AMLA”) and related claims more vigorously by providing certain financial incentives. 

First, the Act entitles whistleblowers to an award of between 10 and 30 percent of the value of “monetary sanctions” above $1 million collected as a result of an enforcement action (importantly, “monetary sanctions” do not include forfeiture). … Continue Reading

Himamauli Das, the Acting Director of the Financial Crimes Enforcement Network (“FinCEN”), spoke about the Anti-Money Laundering Act of 2020 (the “Act”)  and FinCEN’s role in its implementation at New York University Law School’s March 25, 2022 Program on Corporate Compliance and Enforcement.  After discussing the Act’s emphasis on modernizing and improving the effectiveness of the general U.S.… Continue Reading