Category Archives: Whistleblowers

SEC Charges Allianz with FCPA Violations

By David Smyth on January 2nd, 2013 Posted in FCPA, Non-scienter-based Violations, Whistleblowers

On December 17th, the SEC brought a settled administrative FCPA action against Allianz SE, a German insurance company with a subsidiary in Indonesia. The order does not allege violations of the FCPA’s antibribery provisions, but does claim violations of its books-and-records and internal controls provisions. As the summary in the SEC’s order says, the proceedings… Continue Reading

Three More Thoughts about Securities Enforcement Forum 2012

By David Smyth on October 21st, 2012 Posted in Insider Trading, SEC Litigation, Whistleblowers

Several more things from the Securities Enforcement Forum 2012 occurred to me after my last post, and I thought I would note them here. Rajat Gupta First, in a discussion of recent insider trading cases, Judge Sporkin supposed that Rajat Gupta might have avoided criminal prosecution if he had settled the SEC’s initial administrative case… Continue Reading

Whistleblower!

By David Smyth on October 1st, 2012 Posted in Whistleblowers

Here at the Cady Bar the Door motion pictures division, we have been hard at work with our robot staff on Whistleblower!, a film depicting the whistleblower provisions of the Dodd-Frank Act of 2010. You can view this 2013 Oscar candidate here: We hope you like it, and we are available for birthday parties and bar… Continue Reading

SEC’s Secret Payments Brigade Marches On

By David Smyth on September 18th, 2012 Posted in Accounting Fraud, Whistleblowers

On Monday the SEC’s Miami Regional Office brought a settled enforcement action against Gilbert Fiorentino, a former director and officer of Systemax, Inc., a Long Island-based company that sells personal computers and other consumer electronics through its websites, retail stores, and direct mail catalogs. The SEC’s complaint alleges that over the five years from 2006… Continue Reading

SEC and CFTC Whistleblower Chiefs Speak

By David Smyth on March 22nd, 2012 Posted in Whistleblowers

Sean McKessy and Vince Martinez, the respective chiefs of the whistleblower offices for the SEC and CFTC, spoke last week on a webinar hosted by Securities Docket, and made a number of salient points about their programs. You can listen to the 70-minute webinar here. Some of the more interesting issues (to me) follow: Internal… Continue Reading

SEC Posts Whistleblower List (Means Little)

By David Smyth on February 28th, 2012 Posted in Whistleblowers

On February 1st, the SEC’s Office of the Whistleblower released its latest list of candidates for which a whistleblower might claim an award. What cases are eligible? As you may know, the Dodd-Frank Act gave the SEC authority to give cash bounties to whistleblowers in certain instances, and the Act was passed on July 21,… Continue Reading