Title: The Impact of the Dodd-Frank Whistleblower Provisions on FCPA Enforcement and Modern Corporate Compliance Programs
Abstract: There is a divide among the Federal Courts of Appeals regarding the proper interpretation of the definition of a whistleblower for purposes of Dodd-Frank. The paper argues that the SEC’s formal interpretive guidance related to the Dodd-Frank whistleblower provisions outlines the appropriate incentives for both employees and employers related to who qualifies as whistleblower under Dodd-Frank. The paper analyzes whether disclosures that are required or protected under Dodd-Frank may apply to internal disclosures under the FCPA, by virtue of the FCPA accounting provisions. Finally, the paper argues that a failure to extend the whistleblower bounty and anti-retaliation provisions to qualifying individuals who report potential violations of the Federal securities laws internally is contradictory to the fundamental purpose of the Dodd-Frank whistleblower provisions.
Part I presents the legal framework governing modern corporate compliance, including relevant provisions of the FCPA, SOX, and Dodd-Frank. Part II analyzes the current state of case law regarding the Dodd-Frank whistleblower provisions, with a focus on FCPA investigations. Part III explores the practical implications of the Dodd-Frank whistleblower provisions on internal investigations and modern corporate compliance programs in light of recent trends in FCPA enforcement. In closing, this paper offers conclusions and recommendations.
Publication Year: 2017
Publication Date: 2017-07-28
Language: en
Type: article
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Cited By Count: 1
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