The document outlines 4 major whistleblower programs in the United States: 1) The SEC Whistleblower Program created by Dodd-Frank which offers financial rewards for reporting securities violations. 2) The Sarbanes-Oxley Whistleblower Program which protects employees who report accounting fraud and securities violations. 3) The CFTC Whistleblower Program established by Dodd-Frank which rewards reports of commodities and futures trading fraud with 10-30% of sanctions. 4) The Foreign Corrupt Practices Act program run by the DOJ and SEC which rewards reporting of international financial crimes like money laundering. These programs are designed to encourage whistleblowing and protect whistleblowers.
The globalised business environment of today necessitates a strong network of global vendors that play a critical role in the business and can help bring considerable opportunities.
Financial Services Insight NYSDFS Whistleblowing Guidance - Sia PartnersDaniel Connor
Little did we know that the timing of publishing this article on new guidance from the New York Sate Department of Financial Services related to whistleblowing would be such a hot topic in the press....
The globalised business environment of today necessitates a strong network of global vendors that play a critical role in the business and can help bring considerable opportunities.
Financial Services Insight NYSDFS Whistleblowing Guidance - Sia PartnersDaniel Connor
Little did we know that the timing of publishing this article on new guidance from the New York Sate Department of Financial Services related to whistleblowing would be such a hot topic in the press....
Good day all,
Please find attached the September 2017 edition of our very informative Newsletter. Apologies for the tardiness.
We look forward to your continuing support and comments. Please send all comments and suggestions to training@kawmanagement.com or training.kawmgmt@candw.ag.
Happy reading.
Katz, Marshall & Banks partner Lisa Banks has published an updated edition of the CFTC Whistleblower Practice Guide. The guide provides an in-depth look at the legal protections afforded to commodity futures whistleblowers and best practices for CFTC whistleblowers to prepare effective tips, cooperate with a CFTC investigation and claim a whistleblower award. Established by the Dodd-Frank Act, the Commodity Futures Trading Commission's (CFTC) Whistleblower Program protects whistleblowers from retaliation and also provides them with incentives for reporting fraud among entities involved in commodity futures trading. Recently updated with the latest legal developments and information regarding the CFTC's FY2016 enforcement actions and awards, this guide provides readers with a comprehensive, up-to-date explanation of existing law and valuable insights for CFTC whistleblowers and their counsel.
Bangladesh should have similar anti bribe law to make the bribe payer be penalized and that: Business should have 'adequate procedures' to prevent bribery, hospitality, publicity, insider information, and donations to charity could all be considered as bribes in certain circumstances.
All companies conducting business abroad should be concerned about compliance with
the Foreign Corrupt Practices Act (FCPA or the Act). Companies in certain industries
— like the aerospace and defense industry—due to the heavily regulated nature of the
industry and the level of interaction with foreign governments, are even more vulnerable
to FCPA liability than others.
Guide to The Bribery Act 2010 by Josiah HincksJosiahHincks
The Bribery Act 2010 came in to force in the UK in July 2011.
It creates criminal offences for individuals who give or receive bribes.
It also creates an offence for Companies and Partnerships who fail to prevent bribery occuring. The fines are unlimited.
This slide show from Josiah Hincks Solicitors in Leicester presents everything you need to know about Bribery, The Bribery Act, and how to ensure your business is compliant.
Visit http://www.josiahhincks.co.uk for more information about our firm of solicitors in Leicester.
Governments across the globe have been taking measures to increase the scrutiny of AML/CFT processes and controls, to fight Financial crimes. Individuals and firms are required to comply with minimum standards; failure to keep up with the changing requirements can lead to penalties and legal consequences.
Data breach events result in significant losses each year. Our partners at Bonahoom & Bobilya, LLC, created a presentation about understanding the hidden regulatory risks of a data breach so you can keep your company from going out of business.
This presentation has been shared with permission.
OFAC Name Matching and False-Positive Reduction TechniquesCognizant
Exploration of Office of Foreign Asset Control (OFAC) compliance and strategies to avoid false positives (and negatives), covering watch lists such as specially designated nationals (SDN), customer due diligence,data mining, probabilistic techniques and anti-money-laundering (AML) software.
Good day all,
Please find attached the September 2017 edition of our very informative Newsletter. Apologies for the tardiness.
We look forward to your continuing support and comments. Please send all comments and suggestions to training@kawmanagement.com or training.kawmgmt@candw.ag.
Happy reading.
Katz, Marshall & Banks partner Lisa Banks has published an updated edition of the CFTC Whistleblower Practice Guide. The guide provides an in-depth look at the legal protections afforded to commodity futures whistleblowers and best practices for CFTC whistleblowers to prepare effective tips, cooperate with a CFTC investigation and claim a whistleblower award. Established by the Dodd-Frank Act, the Commodity Futures Trading Commission's (CFTC) Whistleblower Program protects whistleblowers from retaliation and also provides them with incentives for reporting fraud among entities involved in commodity futures trading. Recently updated with the latest legal developments and information regarding the CFTC's FY2016 enforcement actions and awards, this guide provides readers with a comprehensive, up-to-date explanation of existing law and valuable insights for CFTC whistleblowers and their counsel.
Bangladesh should have similar anti bribe law to make the bribe payer be penalized and that: Business should have 'adequate procedures' to prevent bribery, hospitality, publicity, insider information, and donations to charity could all be considered as bribes in certain circumstances.
All companies conducting business abroad should be concerned about compliance with
the Foreign Corrupt Practices Act (FCPA or the Act). Companies in certain industries
— like the aerospace and defense industry—due to the heavily regulated nature of the
industry and the level of interaction with foreign governments, are even more vulnerable
to FCPA liability than others.
Guide to The Bribery Act 2010 by Josiah HincksJosiahHincks
The Bribery Act 2010 came in to force in the UK in July 2011.
It creates criminal offences for individuals who give or receive bribes.
It also creates an offence for Companies and Partnerships who fail to prevent bribery occuring. The fines are unlimited.
This slide show from Josiah Hincks Solicitors in Leicester presents everything you need to know about Bribery, The Bribery Act, and how to ensure your business is compliant.
Visit http://www.josiahhincks.co.uk for more information about our firm of solicitors in Leicester.
Governments across the globe have been taking measures to increase the scrutiny of AML/CFT processes and controls, to fight Financial crimes. Individuals and firms are required to comply with minimum standards; failure to keep up with the changing requirements can lead to penalties and legal consequences.
Data breach events result in significant losses each year. Our partners at Bonahoom & Bobilya, LLC, created a presentation about understanding the hidden regulatory risks of a data breach so you can keep your company from going out of business.
This presentation has been shared with permission.
OFAC Name Matching and False-Positive Reduction TechniquesCognizant
Exploration of Office of Foreign Asset Control (OFAC) compliance and strategies to avoid false positives (and negatives), covering watch lists such as specially designated nationals (SDN), customer due diligence,data mining, probabilistic techniques and anti-money-laundering (AML) software.
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4 Whistleblower Programs You Need to Know About.pdf
1. 4 Whistleblower Programs You Need to Know About
Whistleblowing is the act of reporting a company for illegal
activity or misconduct. In the last few years, we have seen several
high-profile whistleblowers come forward and report their
companies for unethical behavior. These individuals put their
careers at risk by speaking up. However, they did so with the
belief that it was the right thing to do. Thankfully, in recent years
there has been an increase in whistleblower programs designed
to protect and support people blowing the whistle. If you work in
a role where you have knowledge of potential illegal activity or other misconduct in your organization,
you should know about these programs, which provide significant protections for whistleblowers, so you
can take action if necessary.
U.S. Securities and Exchange Commission Whistleblower Program
The U.S. Securities and Exchange Commission Whistleblower Program was created as part of the Dodd-
Frank Act. It offers financial rewards to people who provide information that leads to successful
enforcement actions and monetary sanctions against companies and individuals that violate the federal
securities laws. The program is designed to encourage whistleblowers to report potential violations in
good faith and covers violations such as accounting fraud, insider trading, and false or misleading
statements made to investors and the public. The SEC Whistleblower Program is one of the most
generous whistleblower programs in the world when it comes to whistleblower awards, offering
rewards of between 10% and 30% of the monetary sanctions collected in an enforcement action.
Sarbanes-Oxley Whistleblower Program
The Sarbanes-Oxley Whistleblower Program was established in 2002 by the Sarbanes-Oxley Act and
offers financial rewards to people who report securities violations, including accounting fraud, false or
misleading financial statements, and other misconduct related to the securities industry. The Act
contains significant protections for whistleblowers to ensure that employees can safely disclose
information that may harm investors. The program is designed to encourage employees to report
potential violations in good faith and to protect them from retaliation and discrimination. The Act
prohibits a publicly-traded company, or any contractor or agent of such company, from retaliating
against an employee who blows the whistle on what they reasonably believe to be a violation of statutes
prohibiting mail fraud, wire fraud, bank fraud, or securities fraud, any rule or regulation of the Securities
and Exchange Commission, or any provision of Federal law relating to fraud against shareholders.
Commodities Foreign Trade Commission Program
Section 748 of the Dodd-Frank Act required the establishment of a whistleblower program by the
Commodities Foreign Trade Commission (CFTC). Whistleblowers may report a wide range of
commodities frauds under the CFTC’s Whistleblower Program including misappropriation, false
reporting, disruptive trading practices, price manipulation, or failure to make required reports. This also
includes legal off-exchange activity, registrants’ failure to supervise, and other types of market
manipulation. Whistleblowers who submit original information to the CFTC Whistleblower Office may be
eligible to receive a whistleblower award of 10% to 30% of the monetary sanctions collected in a CFTC
2. enforcement action or a Related Action. To be eligible to receive an award, a whistleblower must have
voluntarily provided original information that led to the successful enforcement of the CFTC action or
the Related Action.
Foreign Corrupt Practices Act
The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) share FCPA
enforcement authority. Whistleblower awards are given to those who report international frauds and
financial schemes, such as creating false company records and money laundering.
Conclusion
Whistleblowing is an important part of financial regulation that allows us to identify and address
misconduct and fraud that might otherwise go undetected. However, whistleblower programs are not
perfect. Many whistleblowers may not come forward for fear of retaliation. Fortunately, we have seen
an increase in whistleblower programs in recent years. These programs offer protections for
whistleblowers and whistleblower awards who report misconduct or fraud. They are essential for
creating a culture that supports whistleblowing and tackling financial misconduct and fraud. If you are
ready to blow the whistle, contact a whistleblower attorney today.