May 22, 2012

CFTC Launches Whistleblower Program: Dodd-Frank Update

The Commodities Futures Trading Commission’s (CFTC) new whistleblower program was officially launched on October 24, 2011. The program, created by Dodd-Frank, provides monetary incentives for individuals to report possible violations of the Commodities Exchange Act (CEA), which regulates commodities, the futures market and non-security-based swap agreements.

Anyone who voluntarily provides the CFTC with original information that leads to a successful action resulting in monetary sanctions exceeding $1 million is entitled to an award of between 10 and 30 percent of the monetary sanctions collected by the CFTC. The program also prohibits retaliation by employers against employees who provide the CFTC with information about possible violations of the CEA. Compliance officers and auditors are also eligible for an award, but only when it is necessary to prevent the relevant entity from engaging in conduct that is likely to cause substantial injury to the financial interest or property of the entity or investors. See the program’s webpage for more information.

©2012 Greenberg Traurig, LLP. All rights reserved.

About the Author

Shareholder

Sylvie Durham has been practicing law since 1985 and has experience on both the legal and business sides of derivatives, synthetic transactions, structured products and hedge funds. She spent three years as the general counsel and investment director at a New York-based structured credit fund. Prior to that, she was an investment banker and the head of structured equity products at BNP Paribas where she concentrated on structuring equity derivative products for corporations and hedge funds. Prior to BNP Paribas, she was a partner in the Structured Finance & Derivatives...

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About the Author

Of Counsel

Genna Garver is of counsel in the Corporate & Securities Practice of Greenberg Traurig’s New York office. She represents financial institutions in a variety of transactional and regulatory matters with a focus on investment advisers, hedge funds and other private investment funds. Genna advises clients on formation and offering matters for domestic and offshore funds, mergers and acquisitions, securities regulation, Securities and Exchange Commission (SEC) and state investment adviser registration and exemptions, the development and implementation of Advisers Act...

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