SEC's New Whistleblower Program Takes Effect Today; 2011-167; August 12, 2011
SEC's New Whistleblower Program Takes Effect Today
New Webpage Launched to Help People Report Violations, Apply for
Awards
FOR IMMEDIATE RELEASE 2011-167
Washington, D.C., Aug. 12, 2011 — With its new whistleblower
program officially becoming effective today, the Securities and Exchange
Commission today launched a new webpage for people to report a violation
of the federal securities laws and apply for a financial award.
The Dodd-Frank Wall Street Reform and Consumer Protection Act provided
the SEC with the authority to pay financial rewards to whistleblowers who
provide new and timely information about any securities law violation.
Among other things, to be eligible, the whistleblower's information must
lead to a successful SEC enforcement action with more than $1 million in
monetary sanctions.
The SEC's new webpage at www.sec.gov/whistleblower
includes information on eligibility requirements, directions on how to
submit a tip or complaint, instructions on how to apply for an award, and
answers to frequently asked questions.
"Early and quick law enforcement action is the key to preventing
securities fraud and avoiding investor losses, and the whistleblower
program gives us the tools to help achieve that goal," said Robert
Khuzami, Director of the SEC's Division of Enforcement.
Sean McKessy, Chief of the SEC's Office of the Whistleblower, added,
"Securities fraud is not a victimless crime. That's why why it is so
important for people to step forward when they witness an ongoing
securities fraud or learn about one that has taken place or is about to
occur. Our new whistleblower award program makes it easier for people to
take that step."
The SEC's new whistleblower program strengthens the SEC's ability to
protect investors in several ways:
- Better Tips: Over the past several months, the SEC
has seen an increase in the quality of tips that it has been receiving
from individuals since Congress created the program.
- Timely Tips: Potential whistleblowers are
incentivized to come forward sooner rather than later with "timely"
information not yet known to the SEC.
- Maximizes Outside Resources: With fewer than 4,000
employees to regulate more than 35,000 entities, the SEC cannot be
everywhere at all times. With a robust whistleblower program, the SEC is
more likely to find and deter wrongdoing at firms it may not have
otherwise uncovered
- New Protections Against Retaliation: Employees who
come forward are provided with new tools to protect themselves against
employers who retaliate.
- Bolsters Internal Compliance: The new rules provide
significant incentives for employees to report any wrongdoing to their
company's internal compliance department before coming to the SEC.
Therefore, companies that would prefer their employees report internally
first are incentivized to a have credible, effective compliance program
in place.
The SEC
adopted final rules on May 25 to implement the Dodd-Frank
whistleblower program. Individuals wishing to be considered for an award
under the Whistleblower Program are required to submit an online
questionnaire or the newly approved Form-TCR.
Prior to the enactment of the Dodd-Frank Act, the SEC only had
authority to reward whistleblowers in insider trading cases.
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