How Promoting Internal Reporting Can Reduce Risk of Regulatory Intervention for Hedge Fund Managers

In an effort to stop financial frauds before they occur or, at the very least, minimize the extent of the fraud, Congress, through the Dodd-Frank Act, established a program that requires the SEC to pay monetary awards to whistleblowers in certain circumstances. The SEC’s whistleblower program, codified in Section 21F of the Securities Exchange Act of 1934 and rules and regulations adopted by the SEC (Whistleblower Rules), not only offers generous financial bounties to individuals who report violations, but also provides strong protections to whistleblowers from workplace retaliation. In a guest article, Mike Delikat and Renee Phillips, partners at Orrick, review the relevant aspects of the Whistleblower Rules and provide practical advice to investment managers about how they can encourage whistleblowers to report suspected violations internally, which may enable an investment manager to remedy a violation prior to or without regulatory intervention. For more on the SEC’s whistleblower program, see “SEC Chair’s Testimony Highlights SEC’s Bolstered Presence in Asset Management Space” (Jun. 16, 2016); and “Current and Former SEC, DOJ and NY State Attorney General Practitioners Discuss Regulatory and Enforcement Priorities” (Jan. 14, 2016).

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