April 18, 2021

Volume XI, Number 108


April 16, 2021

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Senators Introduce Bill to Rescue CFTC Whistleblower Program

Yesterday, Sens. Chuck Grassley (R-Iowa), Maggie Hassan (D-N.H.), Joni Ernst (R-Iowa), and Tammy Baldwin (D-Wis.) introduced the CFTC Fund Management Act. The purpose of this bipartisan legislation is to increase the whistleblower reward fund used to pay rewards to those that report commodities fraud. The fund is in danger of depletion due to the increasing success of the program. The bill would allow the commission to set aside more money from fines collected to pay whistleblower awards.

The Commodities Futures Trading Commission (CFTC) relies on whistleblower to uncover fraud and other illegal activities. Its Customer Protection Fund, established by Congress in 2010, hold funds that are used to reward whistleblowers for their disclosures. However, it is also used to pay for operating expenses and educational initiatives associated with the CFTC whistleblower office.

Under current law, the Customer Protection Fund is capped at $100 million. Any fines collected after the account reaches the cap are remitted to the Treasury’s general fund. In recent years, the increasing size and quantity of fines stemming from successful whistleblower disclosures have led to larger reward disbursements. This increase in rewards risks depleting the fund before it can be replenished.

Since it was established, the CFTC Whistleblower Program has issued over $120 million to whistleblowers and collected sanctions totaling nearly $1 billion for the United States Government.

“The CFTC whistleblower program has become far more successful than Congress imagined when we set it up back in 2010. The risk of a cash shortage is so great, the commission recently told my office it’s temporarily paused review of some cases that could wipe out the Customer Protection Fund used to pay whistleblowers. I’ve been raising concerns about this issue for months and introduced legislation last year to address this problem, but Congress dragged its feet.”

“Now whistleblowers are being asked to pay the price by waiting until the government can afford to review their claims. We can’t allow this program to become a victim of its own success. Congress has to pass this bill now to ensure that the CFTC whistleblower program remains solvent and can continue to grow,” Grassley said.

If passed, the bill would raise the fund cap to $150 million and temporarily establish a separate account to house funds used to pay for the CFTC Whistleblower Office’s operating expenses. The proposed legislation will ensure CFTC whistleblowers who report frauds will be effectively protected and fully compensated for their disclosures.

“Allowing the fund to become fully depleted would undermine public confidence in this highly successful whistleblower program,” said CFTC whistleblower attorney Stephen M. Kohn. “Congress should make passing the CFTC Fund Management Act one of its highest priorities. Commodities fraud whistleblowers must be fully rewarded for risking their careers to protect the public from fraudsters,” urged Kohn.

Copyright Kohn, Kohn & Colapinto, LLP 2021. All Rights Reserved.National Law Review, Volume XI, Number 57



About this Author

Mary Jane Wilmoth Whistleblower Attorney Kohn Kohn & Colapinto Law Firm
Managing Partner

Mary Jane Wilmoth is the firm’s managing partner. She litigated cases involving whistleblower protection for environmental and nuclear industry whistleblowers, and Qui Tam/False Claims whistleblowers. Ms. Wilmoth joined the firm in 1992 and worked on cases and hearings that involved complex nuclear and environmental regulations. In her efforts to uphold such safeguards in the American workplace, she has helped to strengthen whistleblower rights in licensing and...