Working for Justice

Tag: Dodd-Frank Act

The Underutilized False Claims Act and Other Whistleblower Statutes

Posted June 27th, 2019 by in Whistleblower Law.

The False Claims Act (“FCA”), 31 U.S.C. §§ 3729 et seq., is the Government’s primary tool to recover losses due to fraud and abuse by those seeking payment from the United States.  See S. Rep. No. 345, 99 Cong., 2nd Sess. at 2 (1986) reprinted in 1986 U.S.C.C.A.N 5266. The FCA is a whistleblower statute, […]

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What Legal Protections Do Employees Have Against Retaliation?

Posted June 12th, 2018 by in Whistleblower Law.

Retaliation is generally understood as punishment for taking an action or making a statement. Employees often are aware that they have some protections against retaliation by their employers, but are not clear on what protections the law provides. The short answer is that the law generally protects employees from retaliation only for conduct or activities […]

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SEC Proposes Regulation to Enhance Investor Protection

In an effort to enhance investor protections, the Securities and Exchange Commission (SEC) is proposing a new rule – Regulation Best Interest – that may come as a surprise to some investors. The SEC’s proposed rule requires your stockbroker to act in your best interest at the time he or she recommends an investment to […]

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Fraudulent Investment Schemes Continue to Plague Investors: Beware of the “Red Flags”

We want to share with you a disturbing tale we heard recently from an investor in a private investment fund. We share this to alert you to “red flags” that signal the high likelihood of investor fraud. If you can spot them, you can better protect yourself from financial predators. The enactment of the Dodd-Frank […]

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The Supreme Court Clarifies the Definition of Whistleblower Under Dodd Frank: What You Need to Know

Posted March 2nd, 2018 by in Whistleblower Law.

Last week, the Supreme Court, by a 9-0 vote, issued an important ruling on the protections that the Dodd Frank Wall Street Reform Act offers to whistleblowers. The case, Digital Realty Trust Inc. v. Somers, determined that Dodd Frank protects from retaliation only those whistleblowers who complain about corporate fraud to the Securities Exchange Commission. […]

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The CFTC Whistleblower Program: Rewarding Integrity in the Commodities and Derivatives Markets

Posted January 9th, 2018 by in Whistleblower Law.

The U.S. Commodity Futures Trading Commission (CFTC) has established a program to reward whistleblowers that report violations of the Commodities Exchange Act (CEA). The CFTC whistleblower program was created by the Dodd-Frank Act and became effective in October 2011. Under the CFTC’s burgeoning whistleblower program, whistleblowers have been rewarded with individual pay-outs as large as […]

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Whistleblowing Under Dodd-Frank and the Foreign Corrupt Practices Act

Posted December 8th, 2017 by in Whistleblower Law.

Foreign nationals often play a critical role in providing information necessary to successful enforcement actions. This role is particularly important as the United States seeks to crack down on the American corporations engaging in bribery and corruption while doing business abroad. One of the primary tools the United States Government uses to fight corruption is […]

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The Importance of Whistleblowing in a Post-9/11 America

Posted September 12th, 2017 by in Whistleblower Law.

For the past 16 years, America has paused each September to reflect on the tragic morning of September 11, 2001. And while we remember the lives lost and are forced to face our worst fears and vulnerabilities, we are also reminded of the many heroes – those who prevented a more horrific attack that day, […]

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Dual-Pronged Protections for Record-Keeping Whistleblowers

Posted August 14th, 2017 by in Whistleblower Law.

Because bribery cannot be conducted transparently without leaving a trail of breadcrumbs directly back to the wrongdoing, any scheme by a registered company to bribe foreign officials will almost certainly run afoul of the Foreign Corrupt Practices Act’s (“FCPA”) record-keeping provisions. However, the FCPA’s record-keeping provisions reach well beyond bribery. The FCPA delineates far-reaching rules […]

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