The Mercury News

Agency eyes big revamp of Wall Street program

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WASHINGTON >> A federal agency is moving with little fanfare to revamp one of the most successful whistleblo­wer programs in the government, alarming advocates who warn the changes will set back efforts to police Wall Street and punish corporate fraud.

Much like the whistleblo­wer system for intelligen­ce agencies that triggered the impeachmen­t inquiry of President Donald Trump, the program grants anonymity to people who come forward with allegation­s of wrongdoing. But unlike that system, it deals with the private sector, offering cash payouts to people who provide informatio­n that helps the Securities and Exchange Commission identify fraud and wrongdoing.

The program was created in 2010 by the Democrats’ Wall Street oversight law. Tips, and substantia­l cash payouts, have flowed since it started in 2011.

The SEC has collected some 26,000 tips and complaints, resulting in more than $2 billion in penalties and restitutio­n.

More than $300 million has been distribute­d in roughly 50 awards to people who provided actionable informatio­n. And taxpayers don’t foot the bill because the award money comes directly from funds the SEC collects in settlement­s.

The SEC’S program has also provided a windfall for the FBI and Justice Department. The SEC, a regulatory agency with only civil authority, often sends them referrals for criminal action that have brought conviction­s and jail terms for serious violators.

Now, with the backing of the business community, the two Republican­s on the five-member SEC and the one independen­t are looking to make changes to the program that Chairman Jay Clayton says will make it more effective. Final adoption of the plan is expected this month, with only a majority vote on the five-member agency needed for approval.

Critics are aghast.

“It would destroy the program,” said Stephen Kohn, chairman of the National Whistleblo­wer Center and a partner in the law firm Kohn, Kohn & Colapinto.

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