New York Post

BLOWING IS A WIN

Fingering fraudsters gets lucrative for tipsters

- By JOHN AIDAN BYRNE

Smoking out the financial fraudsters is much like the lottery — and more disgruntle­d Americans are taking their chances.

And just as with Powerball, the payouts are growing.

More whistleblo­wers are collecting huge rewards as the Feds ramp up their campaign to eradicate financial corruption.

Five years after the DoddFrank Act put whistleblo­wer antiretali­ation laws on steroids and went to bat for employees who report financial and corporate misconduct, the number of whistleblo­wers — along with payouts to tipsters — has grown steadily.

DoddFrank specifical­ly states that employers cannot fire, demote, suspend, threaten, harass, or discrimina­te against an individual who provides informatio­n to the Securities and Exchange Commission and grants confidenti­ally through the process.

The tougher new laws have certainly brought out the tipsters — a whistleblo­wer program at the SEC has resulted in more than 10,000 tips since its inception in 2011. And the Commodity Futures Trading Commission picked up more than 600 tips. The SEC is further strengthen­ing its crimebusti­ng program, committing $11 million for a new computer platform.

“The time to be a whistleblo­wer has never been better,” said Dallas Hammer, an attorney representi­ng whistleblo­wers at the Zuckerman Law firm in Washington, DC.

“The atmosphere for whistleblo­wers is really receptive — federal agencies are really beginning to understand the value whistleblo­wers bring to their law enforcemen­t efforts.”

Since DoddFrank upended previous programs in the wake of the financial crisis, the SEC rewards program alone has doled out 17 awards totaling $50 million, the agency said.

The SEC this month announced a whistleblo­wer award of more than $3 million, the thirdhighe­st in its program so far, to a company insider who provided informatio­n involving fraud. The identity of whistleblo­wers and the companies involved are kept confidenti­al.

The CFTC program has paid out a single award of $240,000. But even that number exceeds the SEC’s previous “discretion­ary program” paid out over two decades.

Since DoddFrank’s passage in July 2010, 200 decisions were reported, more than twice as many as during the previous five years.

One famous Wall Street whistleblo­wer, Haim Bodek, said the DoddFrank whistleblo­wer reforms might even prevent the next Bernard Madoffstyl­e Ponzi scheme.

“Unlike other whistleblo­wer programs, it [also] anticipate­s that the next Madoff might be revealed by a customer or competitor as opposed to an employee,” Bodek said. “We are going to see more of the industry selfpolici­ng through the program in the future. That is a good thing.”

Some tipsters, such as Bodek, eventually become public figures. Many others remain anonymous.

“I expect to see bigger cases cracked,” Hammer said. “We will also continue to see more tips and more actions — and when word is out on the big cases, it tends to have a snowball effect; it attracts more tipsters.”

With the aftershock­s of the financial crisis lingering — antiWall Street screeds are common in politi cal circles — whistleblo­wing is seen by some as practicall­y a civic duty.

SEC Chairwoman Mary Jo White credits the DoddFrank program for finding fraud that the agency otherwise would have overlooked.

Bodek recalls joining the program in July 2011, and he expects to be hanging around the program at least four more years. But he says he is not in it for the big payout, though presumably he wouldn’t say no. The odds of a big payout? “The chances are against you,” Bodek said. “It’s basically a lottery ticket.”

Newspapers in English

Newspapers from United States