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Harry Markopolos, call your office.
Under little-noticed new provisions of the Dodd-Frank Wall Street reform law,
whistleblowers like Markopolos who alerted the SEC to Bernard Madoff's
Ponzi scheme will for the first time be entitled to collect between 10-
and- 30 percent of the money recovered by the government.
And
that could turn a new wave of whistleblowers, those insiders with proof
of financial wrongdoing on Wall Street, into millionaires.
"If the law works, whistleblowers should be rewarded with millions of dollars," said Stephen Kohn, executive director of the National Whistleblowers Center. "Those whistleblowers will save investors billions and billions of dollars."
And
the promise of so much money changing hands has plaintiff's lawyers
chomping at the bit. On July 23rd, Kohn's center held a briefing for
lawyers seeking to understand how to bring the new cases. One attorney
familiar with the law says he already has cases in the pipeline ready to
go now that the new law has passed.
The
new law will allow whistleblowers who bring "original information" to
the Securities and Exchange Commission or the Commodity Futures Trading
Commission to remain anonymous- even to the government. Working with an
attorney as an intermediary, insiders with information about fraud can
bring allegations to the government without fear that the government
will somehow reveal their identity.
The new provision comes into law even as the SEC has become more aggressive in awarding tipsters.
On July 23, the commission announced the award of $1 million to Glen Kaiser and Karen Kaiser of
Southbury, Conn., who provided information and documents that were
crucial to the SEC's insider trading case against Pequot Capital. That
award, which was the largest paid by the SEC for information in an
insider trading case, was paid out under earlier authority.
Experts
familiar with the new Dodd-Frank provisions expect that the dollar
awards paid to informants in insider trading, securities and commodities
fraud cases will grow much higher than $1 million.
In the Pequot case, whistleblower Karen Kaiser is the ex-wife of David Zilkha, a Microsoft employee
who took a job offer from Pequot. Kaiser and her new husband found a
key email between Zilkha and another Microsoft employee.
Experts
don't expect the next wave of whistleblowers to consist entirely of
ex-wives, but they do expect that people very close to the fraud will
now have enormous financial incentives to go to the government.
"It
won't take very many whistleblowers in the large brokerage houses to
win their cases," said Kohn, "in order for people to get the message
that anyone sitting in that room with you may become a multimillionaire
by turning in your fraud. The beauty of this law is essentially it uses
greed to fight greed."
The National Whistleblower Center has posted a summary of the provisions of the Dodd-Frank law. Read it here.
Eamon Javers - CNBC Washington, DC Correspondent
CNBC.com| 26 Jul 2010 | 02:43 PM ET
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