KenneyMcCaffertyTax

SEC New Whistleblower Rules Proposed and Made Available for Public Comment

November 3rd, 2010 the SEC held an open meeting in which it proposed a set of rules regarding their whistleblower program. SEC Chairman Mary Schapiro opened the meeting with a broad overview of the intended rules summarizing the intended rules as a set of regulations to simplify and create transparency in the whistleblower process. SEC Commissioner Luis A. Aguilar elaborated on the proposed rules and clarifications of the Dodd-Frank Act by posing the following three questions:

  1. Should we exclude any wrongdoer from being eligible to receive an award categorically or in particular circumstances?
  2. Should an individual’s level of culpability be considered as a factor in determining whether the person is eligible for an award?
  3. Are there other ways in which we should limit the payment of awards to culpable individuals?

These questions address the legality of lawyers, auditors, and compliance personnel. It also asks a question that Bradley Birkenfeld was forced to painfully answer in the IRS arena: can a whistleblower receive recovered rewards if he is complicit in the illegal actions at hand in the case?

This entry was posted on Wednesday, November 3rd, 2010 at 4:33 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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