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Category Archives: Whistleblowers

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Forget Including A Bar Of Whistleblower Tips In Settlement Agreements

Posted in Broker-Dealer Regulation, FINRA Compliance, FINRA Enforcement, Public Customer Arbitrations, Registered Representatives, Uncategorized, Whistleblowers

FINRA recently warned that firms could face disciplinary action if they enter into settlement agreements that bar customers or former employees from reporting wrongdoing at the firm.  Although FINRA recognized that confidentiality provisions were acceptable, it noted that they have to be written in such a way to authorize the individual to contact FINRA or… Continue Reading

What To Expect In 2014 From The SEC’s Enforcement Division

Posted in Broker-Dealer Regulation, Hedge and Private Equity Funds, Insider Trading, Internal Investigations, Investment Adviser Regulation, SEC Compliance, SEC Enforcement, SEC Organization, SEC Structure, Whistleblowers

Now that 2014 is here, it is a good idea to understand what the Enforcement Division might focus on this year.  In a recent article that appeared in the BNA, David Marder, a partner with Robins, Kaplan, Miller & Ciresi identified fifteen things to expect in the coming year.  The fifteen things he noted to… Continue Reading

You Can Blow the Whistle too According to the SEC

Posted in Dodd-Frank, SEC Enforcement, Whistleblowers

The SEC’s Division of Enforcement is performing well according to its departing director. The soon to be ex-Enforcement Director credits this strength to his re-organization of the Division based on expertise and the tips received from whistleblowers, among other things.  The Dodd-Frank Act was the impetus for the SEC’s whistleblower program, and the SEC received over 3,000… Continue Reading

Whistleling While You Work Seems to Be Helping the SEC

Posted in SEC Enforcement, Whistleblowers

The SEC’s Whistleblower Office received 3,001 tips last year, involving a number of different areas and from all over the United States and the world.  The SEC views the program as a valuable tool, and believes the “bounty program”– the payment for these tips– has enhanced the disclosure and its usefulness.  This year even saw the… Continue Reading

The SEC is Watching You … Informant Retaliation Seems to Be on the Rise

Posted in Dodd-Frank, SEC Enforcement, Whistleblowers

The SEC is strongly reviewing if corporations are ensuring that informants are protected. The SEC will not permit a retaliation.  The SEC is seeking to determine if corporations are retailing against individual persons who submit internal complaints.  As one indication, the SEC is reviewing personnel files to ensure that there is no negative reference to these individuals… Continue Reading