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The Dodd-Frank Act was designed by Congress to hold Wall Street accountable and prevent another financial meltdown. A centerpiece of that reform was strong whistleblower protections. Corporations tried to kill the law through the back door by lobbying the Securities and Exchange Commission to pass rules that would limit the protections for whistleblowers and the effectiveness of the law.
The rules at issue affect every American from the price you pay at the gas pump (commodities) to the integrity of your retirement accounts (securities). On May 25, 2011, the SEC voted 3-2 to approve final rules that adopted many of the NWC's proposals, including incentives for employees who report wrongdoing internally and reward employees whether they choose to file their whistleblower claims with the company or with the government.
View Sections Pertaining to Whistleblowers Here
Other Resources
NWC Report to the SEC: "Impact of Qui Tam Laws on Internal Compliance" - This study examines False Claims Act cases from 2007 to present and finds that there is "no negative impact" on internal corporate compliance programs.
To learn more about your rights as a whistleblower please read The Whistleblower's Handbook: A Step-by-Step Guide to Doing What's Right and Protecting Yourself or attend one of our upcoming seminars on the Dodd-Frank whistleblower rules.
Securities Exchange Commission Whistleblower Rule Links
SEC Final Rules for Implementing the Whistleblower Provisions of Section 21F of the Securities Exchange Act of 1934
Approved May 25, 2011 by a vote of 3-2
SEC Proposed Rules for Implementing the Whistleblower Provisions of Section 21F of the Securities Exchange Act of 1934
SEC
webpage listing all the public comments submitted
NWC Meetings with SEC
January 25, 2011 Meeting with Division of Enforcement
February 10, 2011 Meeting with Commissioner Aguilar
February 11, 2011 Meeting with Commissioner Paredes
February 15, 2011 Meeting with Commissioner Walter
March 11, 2011 Meeting with Commissioner Casey
March 28, 2011 Meeting with Chairman Schapiro
NWC Public Comments
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 Tam Rules 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
Letters in Support of NWC position
Senator Charles Grassley (R-IA) - May 10, 2011 letter expressing "serious concerns" with the Proposed Rules
National Coordinating Committee for Multiemployer Plans (NCCMP) - December 17, 2011 formal rulemaking comment supporting strong whistleblower rules to protect investors
NCCMP - April 25, 2011 supplemental comment summarizing rampant fraud on Wall Street and why it presents strong case for whistleblower protections
Comments by Commissioners introducing Final Rules
Comments by Chairman Mary L. Schapiro
Comments by Commissioner Elisse B. Walter
Comments by Commissioner Troy A. Paredes
Comments by Commissioner Luis A. Aguilar
Comments by Commissioners introducing Proposed Rules
Comments by Chairman Mary L. Schapiro
Comments by Commissioner Elisse B. Walter
Comments by Commissioner Troy A. Paredes
Comments by Commissioner Luis A. Aguilar
Comments by Corporate Lobby
Baker
Donelson letter - Representing corporate lobby position
Arent
Fox Letter - Representing corporate lobby position
Chamber of Commerce Letter - Attacking the NWC's report "Impact of Qui Tam Rules on Internal Compliance"
Commodity Futures Commission Whistleblower Rule Links
CFTC Proposed Rules for Implementing the Whistleblower Provisions of
Section 23 of the Commodity Futures Act
Transcript of CFTC open meeting on Proposed Whistleblower Rules
CFTC webpage listing all the public comments submitted
NWC Public Comments
November 4, 2010 - Letter to CFTC opposing corporate lobby position, including comments from
Baker Donelson and Arent Fox
February 4, 2011 - Formal Rulemaking Comment "Impact of the Dodd-Frank Qui Tam Laws on Internal Compliance"
February 11, 2011 - Updated Formal Rulemaking Comment "Impact of the Dodd-Frank Qui Tam Laws on Internal Compliance"
March 9, 2011 - Letter to CFTC responding to Chamber of Commerce's incorrect attacks of the NWC's December 17, 2010 report to the SEC
March 17, 2011 - Letter to CFTC with provision-by-provision analysis of SEC proposed rules with suggested revisions and justifications for revisions that are applicable to CFTC's proposed rules
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
June 6, 2011 - Letter to CFTC suggesting that they harmonize the CFTC's Final Rules with the SEC's Final Rules
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