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New Whistle Blower Rules

September 30, 2010

The SEC rescinded rules pertaining to the payment of bounties for information leading to the recovery of civil penalties for insider trading.  In its place, the Dodd-Frank Act created a new and broader program for making monetary awards to whistleblowers - codified as Section 21F of the Exchange Act.  

In connection with enactment of the new whistleblower provision, Congress repealed Section 21A(e) - and, because that statutory provision is no longer available as a basis for awarding bounties in insider trading cases, the Commission is rescinding its rules for administration of the insider trading bounty program.

Under the new whistleblower program, the SEC is authorized to make awards to persons who voluntarily provide the Commission with “original information” about a violation of the federal securities laws that leads to the successful enforcement of a “covered judicial or administrative action,” or a “related action,” as those terms are defined by Dodd-Frank.  Unlike the insider trading bounty program, awards may be paid in connection with original information concerning any violation of the federal securities laws.  Awards may range from 10% to 30% of the amounts collected as monetary sanctions imposed in the covered judicial or administrative action or related actions.  For further details, refer to:   [SEC Final Rule Release 34-62921, 9/15]