Rule 8: Securities and Commodities Fraud

Key Resources for Filing a Whistleblower Claim with the Securities and Commodities Exchange 


 Alert: In February 2018, the Supreme Court of the United States ruled in Digital Realty Trust v. Somers that corporate whistleblowers are not protected under the Dodd-Frank Act if they report only to internal compliance programs. The Court held that a whistleblower must report to the Securities and Exchange Commission to obtain anti-retaliation protections. Although this ruling only concerns the Dodd-Frank Act, its interpretation of this provision could apply to other whistleblower laws that don’t explicitly protect internal whistleblowers. This includes OSHA whistleblower laws, banking whistleblower laws, and most environmental whistleblower laws.


Whistleblowing Under the SEC Office of the Whistleblower

Securities Exchange Act Statutes and Regulations 

  • Securities Whistleblower Incentives and Protection 15 U.S.C Section 78-u-6 Law authorizing Payment of rewards (minimum 10% and maximum 30% for original information resulting in a successful enforcement action)
  • 15 U.S.C. 78u-6(h) Dodd-Frank Anti-Retaliation provisions for Securities Trading Industry Whistleblowers.
  • 17 C.F.R. part 240241, and 249.
  • SEC Comments Accompanying Final Whistleblower Rule
  • The SEC’s Rulemaking for the Dodd-Frank whistleblower protections as of June 13, 2011.
  • Dodd-Frank Act, Public Law No.111-203, 124 Statutes at Large 1376 (July 21, 2010).

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