On June 29, 2018, the SEC proposed new rules for the whistleblower program. Whistleblower advocates have condemned these rules. Read the new Proposed Rule.
Visit the SEC’s website regarding the new rules
Kohn, Kohn and Colapinto filed detailed rulemaking comments on the proposed Dodd-Frank Act whistleblower reward program.
- January 8, 2020 – Ninth Supplemental Comment: Proposed Rules
- December 23, 2019 – Eighth Supplemental Comment: Proposed Rules
- December 10, 2019 – Seventh Supplemental Comment: Proposed Rules Overview
- November 22, 2019 – Sixth Supplemental Comment Proposed Rule 21F-9(e)
- October 21, 2019 – Fifth Supplemental Comment: Proposed Rules 21F-6(d) and 21F-9(e)
- October 16, 2019 – Fourth Supplemental Comment: Proposed Rule 21F-9(e)
- October 8, 2019 – Third Supplemental Comment: Proposed Rule 21F-9(e)
- Dodd-Frank Act Whistleblower Letter filed on May 6, 2019
- Dodd-Frank Act Whistleblower Letter filed on September 12, 2019
- The letter filed by Stephen Kohn on behalf of National Whistleblower Center on September 18, 2018
- Dodd-Frank Act Whistleblower Letter filed on July 24, 2018
- The letter filed by Senator Grassley’s SEC referencing KKC’s concerns over Long Delays in reward decisions
Stephen M. Kohn, Michael D. Kohn acting pro bono on behalf of the National Whistleblower Center Meeting Notes with the SEC Commissioners.
Read the 2019 Whistleblower Programs Improvement Act, which includes significant improvements to the whistleblower reward and anti-retaliation provisions of the Dodd-Frank Act.
SEC Ruling Proceedings
Rulemaking Comments by Stephen M. Kohn
These fully rebutted the Chamber of Commerce’s assault on the Dodd-Frank and were heavily relied upon by the Commissioners for the final SEC Whistleblower Rules.
- NWC Report to the SEC: “Impact of Qui Tam Laws on Internal Compliance”
- November 1, 2010 – Letter to SEC opposing corporate lobby position, including comments from Baker Donelson and Arent Fox.
- November 22, 2010 – Letter to Chairman Schapiro explaining that Proposed Rules violate Congressional intent.
- December 17, 2010 – Formal rulemaking letter with report entitled “Impact of Qui Tam Rules on Internal Compliance”.
- December 18, 2010 – Updated “Impact of Qui Tam Rules on Internal Compliance” with corrected links.
- January 25, 2011 – Materials for NWC’s meeting with SEC Division of Enforcement: Letter to Chairman Schapiro appling Chevron to Proposed Rules, marked-up version of Proposed Rules, updated NWC reported “Impact of Qui TamRules on Internal Compliance”, 10 C.F.R. 50.7 marked-up, Federal Acquisition Regulations, and 48 C.F.R. 52.203-13 marked-up.
- February 10, 2011 – Letter to Commissioners explaining the proposed rules’ impact on the ability of US to enforce the Foreign Corrupt Practices Act.
- March 7, 2011 – Letter to Chairman Schapiro responding to Chamber of Commerce’s incorrect attacks of the NWC’s December 17, 2010 report.
- March 17, 2011 – Letter to SEC with provision-by-provision analysis of proposed rules with suggested revisions and justifications for revisions.
- May 16, 2011 – Letter to Chairman Schapiro and Gensler regarding the impact of the first reported decision under the Dodd-Frank Act on the rulemaking process.
Comments by Commissioners introducing Final Rules
Comments by the Corporate Lobby
CFTC Announces Approximately $7 Million Whistleblower Award
CTFC Announces Multiple Whistleblower Awards Totaling More than $5 Million
Provisions of Dodd-Frank directly related to Whistleblower Protection
- Section 922 21F(a) qui tam for securities fraud: new qui tam rewards and incentives for whistleblowers who blow the whistle on securities violations 21F sub (H)(1) anti-retaliation provision for employees who file qui tam claims under securities law (H)(1)(A)(iii) anti-retaliation for employees who make disclosures under SOX, any violation of SEC art or who make protected disclosures under obstruction of justice act Claims filed in federal court – employees entitled to double back pay (B) statistical ratings organizations (Moody’s & Standard & Poor’s) now protected under SOX anti-retaliation provisions (C) SOX whistleblower protection act enhanced and amended to increase the statute of limitations, guarantee jury trials, and prohibit mandatory arbitration agreements.
- Section 923 – Sarbanes-Oxley Act anti-retaliation Provisions.
- Section 929A – SOX anti-retaliation law is clarified to ensure subsidiaries of publicly traded companies are fully protected under the whistleblower protection law.
- Section 1057 – New whistleblower protection for employees who make disclosures to the newly created consumer protection board.
- Section 1079(c) – Amends the False Claims Act anti-retaliation law to provide for universal national 3 year statute of limitations to file wrongful discharge claims under the False Claims Act.