Whistleblowers Are a Big Help A recently publicized April 2017 research study has concluded that whistleblower involvement in enforcement actions related to financial misrepresentations results in higher monetary penalties for the U.S. as well as longer prison sentences in criminal actions. The study examined financial misrepresentation enforcement actions brought by the Securities and Exchange Commission...
Precious Metals Fraud Affecting Thousands of Retail Customers The Commodity Futures Trading Commission (CFTC) has filed an enforcement action against one of the largest precious metals fraud cases in its history. In light of that action, we thought it important to remind victims and industry professionals about the CFTC whistleblower program, which offers rewards for...
SEC Chair Says Cybersecurity is a Top Priority SEC Chair Jay Clayton declared cybersecurity one of the top enforcement issues at the securities regulator on Tuesday, according to a Reuters article. In line with this comment, we expect that there will be an uptick in the number of rewards to whistleblowers who report cyber security...
REMS Program Results in FCA Lawsuits After a number of whistleblower lawsuits under the False Claims Act, Novo Nordisk will pay approximately $59 million to settle allegations that it minimized the cancer risk of Victoza, a diabetes medication, after the FDA required it to provide safety communications pursuant to a Risk Evaluation and Mitigation Strategies...
Corporate Policing and Whistleblowing Whistleblowing has traditionally involved insider reports of corporate wrongdoing by employees of a business. A recent whistleblower lawsuit may signal the start of a new era in the False Claims Act as businesses begin to turn in their unethical competition to the U.S. Government in order to preserve fair competition in...
Ontario Securities Commission Accepting Whistleblower Tips Since the Ontario Securities Commission opened its whistleblower program to tips, at least four individuals have filed complaints against one of Canada’s largest private equity firms according to the Wall Street Journal. Officials at the Ontario Securities Commission and a unit of the Toronto Police Service have inquired about...
Cybersecurity: A Hot Topic The SEC recently released a Risk Alert on cybersecurity produced by the Office of Compliance Inspections and Examinations (“OCIE”) this week. The Risk Alert details improvements and weaknesses observed during the National Examination Program staff’s examination of 75 broker-dealers, investment advisers and investment companies conducted between September 2015 and June 2016....
Citigroup Accused of Spoofing In January, the CFTC settled its first civil enforcement action against a bank for spoofing when Citigroup agreed to pay a $25 million fine for sending orders into the U.S. Treasury futures market with the intent of canceling them. Now, the CFTC has entered into its first non-prosecution agreements ever, making...
FCPA Enforcement Action Against Halliburton At the end of July, the U.S. Securities and Exchange Commission announced a $29.2 million settlement against Halliburton for payments made to a local Angola company in the course of winning lucrative oilfield services contracts. The corporate settlement was the first under the Foreign Corrupt Practices Act (FCPA) since President...
“An entirely new area of healthcare fraud” The Department of Justice (DOJ) is expected to investigate electronic health record (EHR) software providers for health care fraud following allegations against a major player that resulted in a $155 million settlement under the False Claims Act for skirting meaningful use regulations. In a recently released video, a...