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FinCEN Head Praises New AML Whistleblower Program

The passage of the Anti-Money Laundering (AML) Whistleblower Improvement Act in December 2022 was heralded by whistleblower advocates as a major development which would transform the ability of the U.S. to crack-down on money...more

In Order to Fairly Represent Whistleblowers, Defense Firms Must Take Conflicts Seriously

It is now public knowledge that large corporate defense firms are representing whistleblowers under the Dodd-Frank Act. As part of an investigation into the U.S. Securities and Exchange Whistleblower Program, the online...more

Bloomberg Reporting of SEC Whistleblower Program Misses the Big Story

Bloomberg’s coverage of an August 26, 2022 vote by the SEC Commissioners to modify two rules governing the Commission’s whistleblower program missed the real story. In its coverage, Bloomberg focused only on comments made by...more

Bloomberg Law Whistleblower Investigation Is Hampered by Undisclosed Conflicts and Bias

On July 26, 2022 Bloomberg Law published an “investigation” into the Dodd-Frank Act whistleblower program. Its sensational lead paragraph concludes that the program “often ignores its own rules, shields much of its work from...more

Treasury Department Rules Could Help Strengthen AML Whistleblower Program

The U.S. Treasury Department is currently drafting proposed rules to implement the whistleblower provisions of the Anti-Money Laundering (AML) Act of 2020. These rules will help determine the future success of the newly...more

$200 Million Whistleblower Reward Sparks Nationwide Debate

Wall Street was stunned when, on October 21, 2021 the Commodity Futures Trading Commission (CFTC), a relatively obscure federal agency, announced a $200 million award payable to a whistleblower. This was the largest award...more

Biden’s Third Nomination to the MSPB Should Trigger Fast Confirmation Hearings

On January 8, 2017 the U.S. Merit Systems Protection Board (“MSPB”) lost its quorum and was no longer able to issue any final orders in federal employee whistleblower cases. This triggered, in the words of the , the “most...more

End “Repeal by Delay” in the IRS Whistleblower Program

In 2006 Congress passed a qui tam whistleblower . It covered both tax frauds and underpayments, and also targeted illegal and undeclared offshore accounts secretly held by thousands of U.S. taxpayers. The law promised...more

SEC Acts to Save the “Related Action” Whistleblower Rule

On August 5, 2021, the U.S. Securities and Exchange Commission (SEC) issued a “ seeking to address regulatory roadblocks that have hindered the administration of the whistleblower reward program. This Statement follows just...more

The SEC Should Utilize its Whistleblower Program to Combat Climate Change

In March, the Securities and Exchange Commission (SEC) alerted the public it was seeking input on its requirements for Environmental, Social, and Corporate Governance (ESG) disclosures by corporations. Increasingly...more

Will Europe Fail to Protect Whistleblowers?

Pursuant to a Directive enacted by the European Parliament and Council, all 27 nations within the European Union (EU) must “bring into force” whistleblower protection “laws, regulations and administrative provisions” by...more

Momentum Grows for Fixing the AML Whistleblower Law

When the Anti-Money Laundering Whistleblower Act (“AML Act”) became law on January 1, 2021, some commentators praised it as a breakthrough. The law was modelled on the highly successful Dodd-Frank Act (“DFA”) and shared...more

Congress Needs to Enact an Effective Ethics Agenda

Congress needs to implement an effective ethics agenda.  Important anti-corruption legislation has been sitting in various Senate and House committees awaiting action....more

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