cfr_sections
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20 rows where part_number = 165 and title_number = 17 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 17:17:2.0.1.1.28.0.1.1 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.1 General. | CFTC | Section 23 of the Commodity Exchange Act, entitled “Commodity Whistleblower Incentives and Protection,” requires the Commission to pay awards, subject to certain limitations and conditions, to whistleblowers who voluntarily provide the Commission with original information about violations of the Commodity Exchange Act. This part 165 describes the whistleblower program that the Commission intends to establish to implement the provisions of Section 23, and explains the procedures the whistleblower will need to follow in order to be eligible for an award. Whistleblowers should read these procedures carefully, because the failure to take certain required steps within the time frames described in this part may result in disqualification from receiving an award. Unless expressly provided for in this part, no person is authorized to make any offer or promise, or otherwise to bind the Commission with respect to the payment of any award or the amount thereof. | |||||||
| 17:17:2.0.1.1.28.0.1.10 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.10 Contents of record for award determination. | CFTC | [76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24500, May 30, 2017] | (a) The following items constitute the record upon which the award determination under § 165.7 shall be made: (1) The whistleblower's Form TCR, “Tip, Complaint or Referral,” including related attachments, and other documentation provided by the whistleblower to the Commission; (2) The whistleblower's Form WB-APP, “Application for Award for Original Information Provided Pursuant to Section 23 of the Commodity Exchange Act,” and related attachments; (3) The complaint, notice of hearing, answers and any amendments thereto; (4) The final judgment, consent order, or administrative speaking order; (5) The transcript of the related administrative hearing or civil injunctive proceeding, including any exhibits entered at the hearing or proceeding; (6) Any other documents that appear on the docket of the proceeding; (7) Sworn declarations (including attachments) from the Commission's Division of Enforcement staff regarding any matters relevant to the award determination; (8) With respect to an award claim involving a Related Action, any statements or other information that an entity provides or identifies in connection with an award determination, provided the entity has authorized the Commission to share the information with the claimant. (Neither the Commission nor the Claims Review Staff may rely upon information that the entity has not authorized the Commission to share with the applicant); and (9) Any other documents or materials including sworn declarations from third-parties that are received or obtained by the Whistleblower Office to assist the Commission resolve the applicant's award application, including information related to the claimant's eligibility. (Neither the Commission nor the Claims Review Staff may rely upon information that a third party has not authorized the Commission to share with the claimant). (b) The rules in this part do not entitle a claimant to obtain from the Commission any materials (including any pre-decisional or internal deliberative process materials that are prepared to ass… | ||||||
| 17:17:2.0.1.1.28.0.1.11 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.11 Awards based upon related actions. | CFTC | [82 FR 24500, May 30, 2017] | (a) Provided that a whistleblower or whistleblowers comply with the requirements in §§ 165.3, 165.5 and 165.7, and pursuant to § 165.8, the Commission may grant an award based on the amount of monetary sanctions collected in a “Related Action” or “Related Actions”, where: (1) A “Related Action” is a judicial or administrative action that is brought by: (i) The Department of Justice; (ii) An appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; (iii) A registered entity, registered futures association, or self-regulatory organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); (iv) A State criminal or appropriate civil agency, acting within the scope of its jurisdiction; or (v) A foreign futures authority; and (2) The “Related Action” is based on the original information that the whistleblower voluntarily submitted to the Commission and led to a successful resolution of the Commission judicial or administrative action. (b) The Commission will not make an award to a claimant for a final judgment in a Related Action if the claimant has already been granted an award by the Securities and Exchange Commission (SEC) for that same action pursuant to its whistleblower award program under section 21F of the Securities Exchange Act (15 U.S.C. 78a et seq. ). If the SEC has previously denied an award to the claimant for a judgment in a Related Action, the whistleblower will be precluded from relitigating any issues before the Commission that the SEC resolved against the claimant as part of the award denial. | ||||||
| 17:17:2.0.1.1.28.0.1.12 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.12 Payment of awards from the Fund, financing of customer education initiatives, and deposits and credits to the Fund. | CFTC | [76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24500, May 30, 2017; 89 FR 71820, Sept. 4, 2024] | (a) The Commission shall pay awards to whistleblowers from the Fund. (b) The Commission shall deposit into or credit to the Fund: (1) Any monetary sanctions collected by the Commission in any covered judicial or administrative action that is not otherwise distributed, or ordered to be distributed, to victims of a violation of the Commodity Exchange Act underlying such action, unless the balance of the Fund at the time the monetary sanctions are collected exceeds $100,000,000. In the event the Fund's value exceeds $100,000,000, any monetary sanctions collected by the Commission in a covered judicial or administrative action that is not otherwise distributed, or ordered to be distributed, to victims of violations of the Commodity Exchange Act or the rules and regulations thereunder underlying such action, shall be deposited into the general fund of the U.S. Treasury. (2) In the event that the amounts deposited into or credited to the Fund under paragraph (b)(1) of this section are not sufficient to satisfy an award made pursuant to § 165.7, then, pursuant to Section 23(g)(3)(B) of the Commodity Exchange Act; (i) An amount equal to the unsatisfied portion of the award; (ii) Shall be deposited into or credited to the Fund; (iii) From any monetary sanction collected by the Commission in any judicial or administrative action brought by the Commission under the Commodity Exchange Act, regardless of whether it qualifies as a “covered judicial or administrative action”; provided, however, that such judicial or administrative action is based on information provided by a whistleblower. (c) Office of Public Affairs. The Commission shall undertake and maintain customer education initiatives through its Office of Customer Education and Outreach. The initiatives shall be designed to help customers protect themselves against fraud or other violations of the Commodity Exchange Act, or the rules or regulations thereunder. The Commission shall fund the initiatives and may utilize funds deposited into the Fund during any … | ||||||
| 17:17:2.0.1.1.28.0.1.13 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.13 Appeals. | CFTC | [82 FR 24500, May 30, 2017] | (a) Any Final Order of the Commission relating to a whistleblower award determination, including whether, to whom, or in what amount to make whistleblower awards, may be appealed to the appropriate court of appeals of the United States not more than 30 days after the Final Order of the Commission is issued, provided that administrative remedies have been exhausted. (b) The record on appeal shall consist of: (1) The Contents of Record for Award Determinations, as set forth in § 165.10. The record on appeal shall not include any pre-decisional or internal deliberative process materials that are prepared to assist the Commission or the Claims Review Staff in deciding the claim (including staff's draft Preliminary Determination or any Proposed Final Determination or staff's draft final determination); and (2) The Preliminary Determination and the Final Order of the Commission, as set forth in § 165.7. | ||||||
| 17:17:2.0.1.1.28.0.1.14 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.14 Procedures applicable to the payment of awards. | CFTC | (a) A recipient of a whistleblower award is entitled to payment on the award only to the extent that the monetary sanction upon which the award is based is collected in the Commission judicial or administrative action or in a related action. (b) Payment of a whistleblower award for a monetary sanction collected in a Commission action or related action shall be made within a reasonable time following the later of: (1) The date on which the monetary sanction is collected; or (2) The completion of the appeals process for all whistleblower award claims arising from: (i) The Notice of Covered Action, in the case of any payment of an award for a monetary sanction collected in a covered judicial or administrative action; or (ii) The related action, in the case of any payment of an award for a monetary sanction collected in a related action. (c) If there are insufficient amounts available in the Fund to pay the entire amount of an award payment within a reasonable period of time from the time for payment specified by paragraph (b) of this section, then subject to the following terms, the balance of the payment shall be paid when amounts become available in the Fund, as follows: (1) Where multiple whistleblowers are owed payments from the Fund based on awards that do not arise from the same Notice of Covered Action (or related action), priority in making these payments will be determined based upon the date that the Final Order of the Commission is made. If two or more of these Final Orders of the Commission are entered on the same date, then those whistleblowers owed payments will be paid on a pro rata basis until sufficient amounts become available in the Fund to pay their entire payments. (2) Where multiple whistleblowers are owed payments from the Fund based on awards that arise from the same Notice of Covered Action (or related action), they will share the same payment priority and will be paid on a pro rata basis until sufficient amounts become available in the Fund to pay their entire payments. | |||||||
| 17:17:2.0.1.1.28.0.1.15 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.15 Administering the whistleblower program. | CFTC | [82 FR 24501, May 30, 2017, as amended at 89 FR 71820, Sept. 4, 2024] | (a) Specific authorities —(1) Payments, deposits, and credits. The Executive Director is authorized to deposit into or credit collected monetary sanctions to the Fund, and to make payment of awards therefrom, with the concurrence of the General Counsel and the Director of the Division of Enforcement, or of their respective designees. (2) Designation of claims review staff. The Claims Review Staff referenced in § 165.7 shall be composed of no fewer than three and no more than five staff members from any of the Commission's Offices or Divisions (except the Office of the General Counsel) who have not had direct involvement in the underlying enforcement action, as designated by the Director of the Division of Enforcement in consultation with the Executive Director. The Claims Review Staff will always include at least one staff member who does not work in the Division of Enforcement. (3) Disclosure of whistleblower identifying information. The Director of the Division of Enforcement is authorized on behalf of the Commission to exercise its discretion to disclose whistleblower identifying information under § 165.4(a). (b) General authority to administer the program. The Director of the Division of Enforcement shall have general authority to administer the whistleblower program except as otherwise provided under this part. | ||||||
| 17:17:2.0.1.1.28.0.1.16 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.16 No immunity. | CFTC | The Commodity Whistleblower Incentives and Protections provisions set forth in Section 23(h) of Commodity Exchange Act and this part 165 do not provide individuals who provide information to the Commission with immunity from prosecution. The fact that an individual may become a whistleblower and assist in Commission investigations and enforcement actions does not preclude the Commission from bringing an action against the whistleblower based upon the whistleblower's own conduct in connection with violations of the Commodity Exchange Act and the Commission's regulations. If such an action is determined to be appropriate, however, the Commission's Division of Enforcement will take the whistleblower's cooperation into consideration in accordance with its sanction recommendations to the Commission. | |||||||
| 17:17:2.0.1.1.28.0.1.17 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.17 Awards to whistleblowers who engage in culpable conduct. | CFTC | In determining whether the required $1,000,000 threshold has been satisfied for purposes of making any award, the Commission will not take into account any monetary sanctions that the whistleblower is ordered to pay, or that is ordered against any entity whose liability is based primarily on conduct that the whistleblower principally directed, planned, or initiated. Similarly, if the Commission determines that a whistleblower is eligible for an award, any amounts that the whistleblower or such an entity pay in sanctions as a result of the action or related actions will not be included within the calculation of the amounts collected for purposes of making payments pursuant to § 165.14. | |||||||
| 17:17:2.0.1.1.28.0.1.18 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.18 Staff communications with whistleblowers from represented entities. | CFTC | If the whistleblower is a whistleblower who is a director, officer, member, agent, or employee of an entity that has counsel, and the whistleblower has initiated communication with the Commission relating to a potential violation of the Commodity Exchange Act, the Commission's staff is authorized to communicate directly with the whistleblower regarding the subject of the whistleblower's communication without seeking the consent of the entity's counsel. | |||||||
| 17:17:2.0.1.1.28.0.1.19 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.19 Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes. | CFTC | [82 FR 24501, May 30, 2017] | (a) Non-waiver. The rights and remedies provided for in this part may not be waived by any agreement, policy, form, or condition of employment, including by a predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this part. (b) Protected communications. No person may take any action to impede an individual from communicating directly with the Commission's staff about a possible violation of the Commodity Exchange Act, including by enforcing, or threatening to enforce, a confidentiality agreement or predispute arbitration agreement with respect to such communications. | ||||||
| 17:17:2.0.1.1.28.0.1.2 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.2 Definitions. | CFTC | [76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24497, May 30, 2017] | As used in this part: (a) Action. The term “action” generally means a single captioned judicial or administrative proceeding. Notwithstanding the foregoing: (1) For purposes of making an award under § 165.7, the Commission will treat as a Commission action two or more administrative or judicial proceedings brought by the Commission if these proceedings arise out of the same nucleus of operative facts; or (2) For purposes of determining the payment on an award under § 165.14, the Commission will deem as part of the Commission action upon which the award was based any subsequent Commission proceeding that, individually, results in a monetary sanction of $1,000,000 or less, and that arises out of the same nucleus of operative facts. (b) Aggregate amount. The phrase “aggregate amount” means the total amount of an award granted to one or more whistleblowers pursuant to § 165.8. (c) Analysis. The term “analysis” means the whistleblower's examination and evaluation of information that may be generally available, but which reveals information that is not generally known or available to the public. (d) Collected by the Commission. The phrase “collected by the Commission” refers to any funds received, and confirmed by the U.S. Department of the Treasury, in satisfaction of part or all of a civil monetary penalty, disgorgement obligation, or fine owed to the Commission. (e) Covered judicial or administrative action. The phrase “covered judicial or administrative action” means any judicial or administrative action brought by the Commission under the Commodity Exchange Act whose successful resolution results in monetary sanctions exceeding $1,000,000. (f) Fund. The term “Fund” means the Commodity Futures Trading Commission Customer Protection Fund. (g) Independent knowledge. The phrase “independent knowledge” means factual information in the whistleblower's possession that is not generally known or available to the public. The whistleblower may gain independent knowledge from the whistleblower's experie… | ||||||
| 17:17:2.0.1.1.28.0.1.20 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.20 Whistleblower anti-retaliation protections. | CFTC | [82 FR 24501, May 30, 2017] | (a) In general. No employer may discharge, demote, suspend, directly or indirectly threaten or harass, or in any other manner discriminate against, a whistleblower in the terms and conditions of employment because of any lawful act done by the whistleblower— (1) In providing information to the Commission in accordance with this part; or (2) In assisting in any investigation or judicial or administrative action of the Commission based upon or related to such information. (b) Anti-retaliation enforcement. Section 23(h)(1)(A) of the Commodity Exchange Act (7 U.S.C. 26(h)(1)), including the rules in this part promulgated thereunder, shall be enforceable in an action or proceeding brought by the Commission including where retaliation is in response to a whistleblower providing information to the Commission after reporting the information through internal whistleblower, legal or compliance procedures. (c) Protections apply regardless of non-qualification. The anti-retaliation protections apply whether or not the whistleblower satisfies the requirements, procedures, and conditions to qualify for an award. | ||||||
| 17:17:2.0.1.1.28.0.1.3 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.3 Procedures for submitting original information. | CFTC | [76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24497, May 30, 2017; 89 FR 71820, Sept. 4, 2024] | (a) A whistleblower will need to submit the whistleblower's information to the Commission. A whistleblower may submit the whistleblower's information: (1) By completing and submitting a Form TCR online and submitting it electronically through the Commission's Web site at http://www.cftc.gov, or the Commission's Whistleblower Program Web site at www.whistleblower.gov; or (2) By completing the Form TCR and mailing or faxing the form to the Whistleblower Office at the Commission's Washington, DC headquarters. (b) Further, to be eligible for an award, the whistleblower must declare under penalty of perjury at the time the whistleblower submits the whistleblower's information pursuant to paragraph (a)(1) or (2) of this section that the whistleblower's information is true and correct to the best of the whistleblower's knowledge and belief. (c) Notwithstanding paragraph (b) of this section, if the whistleblower submitted the whistleblower's original information to the Commission anonymously, then the whistleblower's identity must be disclosed to the Commission and verified in a form and manner acceptable to the Commission consistent with the procedure set forth in § 165.7(c) prior to Commission's payment of any award. (d) If the whistleblower submitted original information in writing to the Commission after July 21, 2010 (the date of enactment of the Wall Street Transparency and Accountability Act of 2010) but before the effective date of these rules, the whistleblower will be eligible for an award only in the event that the whistleblower provided the original information to the Commission in a format or manner other than that described in paragraph (a) of this section, the whistleblower submits a completed Form TCR within 120 days of the effective date of these rules and otherwise follows the procedures set forth above in paragraphs (a) and (b) of this section. | ||||||
| 17:17:2.0.1.1.28.0.1.4 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.4 Confidentiality. | CFTC | [76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24497, May 30, 2017] | (a) In general. Section 23(h)(2) of the Commodity Exchange Act requires that the Commission not disclose information that could reasonably be expected to reveal the identity of a whistleblower, except that the Commission may disclose such information in the following circumstances, in accordance with the Privacy Act of 1974 (5 U.S.C. 552a): (1) When disclosure is required to a defendant or respondent in connection with a public proceeding that the Commission institutes or in another public proceeding that is filed by an authority to which the Commission provides the information, as described in paragraph (a)(2) of this section; or (2) When the Commission determines that it is necessary to accomplish the purposes of the Commodity Exchange Act and to protect customers, it may provide whistleblower information, without the loss of its status as confidential whistleblower information in the hands of the Commission, to: The Department of Justice; an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; a registered entity, registered futures association, or a self-regulatory organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); a State attorney general in connection with a criminal investigation; any appropriate State department or agency, acting within the scope of its jurisdiction; or a foreign futures authority; and, as set forth in section 23(h)(2)(C) of the Commodity Exchange Act, each such entity is required to maintain the information as confidential in accordance with the requirements of section 23(h)(2)(A) of the Commodity Exchange Act. (3) The Commission may make disclosures in accordance with the Privacy Act of 1974 (5 U.S.C. 552a). (b) Anonymous whistleblowers. A whistleblower may anonymously submit information to the Commission, however, the whistleblower must follow the procedures in § 165.3(c) for submitting original information anonymously. Such whistleblower who anonymously submits information to t… | ||||||
| 17:17:2.0.1.1.28.0.1.5 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.5 Requirements for consideration of an award. | CFTC | [82 FR 24498, May 30, 2017] | (a) Subject to the eligibility requirements described in this part, the Commission will pay an award to one or more whistleblowers who: (1) Provide a voluntary submission to the Commission; (2) That contains original information; and (3) That leads to the successful resolution of a covered judicial or administrative action or successful enforcement of a Related Action or both; and (b) In order to be eligible, the whistleblower must: (1) Have voluntarily provided the Commission original information in the form and manner that the Commission requires in § 165.3; (2) Have submitted a claim in response to a Notice of Covered Action or a final judgment in a Related Action or both; (3) Provide the Commission, upon its staff's request, certain additional information, including: (i) Explanations and other assistance, in the manner and form that staff may request, in order that the staff may evaluate the use of the information submitted related to the whistleblower's application for an award; (ii) All additional information in the whistleblower's possession that is related to the subject matter of the whistleblower's submission related to the whistleblower's application for an award; and (iii) Testimony or other evidence acceptable to the staff relating to the whistleblower's eligibility for an award; and (4) If requested by the Whistleblower Office, enter into a confidentiality agreement in a form acceptable to the Whistleblower Office, including a provision that a violation of the confidentiality agreement may lead to the whistleblower's ineligibility to receive an award. (c) The Commission may, in its sole discretion, waive any procedural requirements based upon a showing of extraordinary circumstances. | ||||||
| 17:17:2.0.1.1.28.0.1.6 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.6 Whistleblowers ineligible for an award. | CFTC | [76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24498, May 30, 2017] | (a) No award under § 165.7 shall be made: (1) To any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Commission, a member, officer, or employee of: the Commission; the Board of Governors of the Federal Reserve System; the Office of the Comptroller of the Currency; the Board of Directors of the Federal Deposit Insurance Corporation; the Director of the Office of Thrift Supervision; the National Credit Union Administration Board; the Securities and Exchange Commission; the Department of Justice; a registered entity; a registered futures association; a self-regulatory organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); or a law enforcement organization; (2) To any whistleblower who is convicted of a criminal violation related to the judicial or administrative action for which the whistleblower otherwise could receive an award under § 165.7; (3) To any whistleblower who submits information to the Commission that is based on the facts underlying the covered judicial or administrative action submitted previously by another whistleblower; (4) To any whistleblower who acquired the information the whistleblower gave the Commission from any of the individuals described in paragraphs (a)(1), (2), (3) or (6) of this section; (5) To any whistleblower who, in the whistleblower's submission, the whistleblower's other dealings with the Commission, or the whistleblower's dealings with another authority in connection with a related action, knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or uses any false writing or document, knowing that it contains any false, fictitious, or fraudulent statement or entry, or omitted any material fact, where, in the absence of such fact, other statements or representations made by the whistleblower would be misleading; (6) To any whistleblower who acquired the original information reported to the Commission as a result of the whistleblow… | ||||||
| 17:17:2.0.1.1.28.0.1.7 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.7 Procedures for award applications in Commission actions and related actions, and Commission award determinations. | CFTC | [76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24498, May 30, 2017; 89 FR 71820, Sept. 4, 2024] | (a) Whenever a Commission judicial or administrative action results in monetary sanctions totaling more than $1,000,000 ( i.e., a covered judicial or administrative action) the Commission will publish on the Commission's Web site a “Notice of Covered Action.” Such Notice of Covered Action will be published subsequent to the entry of a final judgment or order that alone, or collectively with other judgments or orders previously entered in the Commission covered administrative or judicial action, exceeds $1,000,000 in monetary sanctions. The Commission will not contact whistleblower claimants directly as to Notices of Covered Actions; prospective claimants should monitor the Commission Web site for such Notices. A whistleblower claimant will have 90 days from the date of the Notice of Covered Action to file a claim for an award based on that action, or the claim will be barred. (b)(1) To file a claim for a whistleblower award, the whistleblower must file Form WB-APP, Application for Award for Original Information Provided Pursuant to Section 23 of the Commodity Exchange Act. The whistleblower must sign this form as the claimant and submit it by mail or fax to the Whistleblower Office at the Commission's Washington, DC headquarters, Fax (202) 418-5975, or by completing and submitting the Form WB-APP online and submitting it electronically through the Commission's Web site at https://www.cftc.gov or the Commission's Whistleblower Program Web site at https://www.whistleblower.gov. (2) The Form WB-APP, including any attachments, must be received by the Commission within 90 calendar days of the date of the Notice of Covered Action or 90 calendar days following the date of a final judgment in a Related Action (or if the final judgment in a Related Action was issued prior to the action meeting the definition of Related Action, within 90 calendar days following the date the action satisfied the definition of Related Action, except in the circumstances described in paragraph (b)(3)(ii) of this section). One Form WB-AP… | ||||||
| 17:17:2.0.1.1.28.0.1.8 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.8 Amount of award. | CFTC | If all of the conditions are met for a whistleblower award in connection with a covered judicial or administrative action or a related action, the Commission will then decide the amount of the award pursuant to the procedure set forth in § 165.7. (a) Whistleblower awards shall be in an aggregate amount equal to— (1) Not less than 10 percent, in total, of what has been collected of the monetary sanctions imposed in the covered judicial or administrative action or related actions; and (2) Not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the covered judicial or administrative action or related actions. (b) If the Commission makes awards to more than one whistleblower in connection with the same action or related action, the Commission will determine an individual percentage award for each whistleblower, but in no event will the total amount awarded to all whistleblowers as a group be less than 10 percent or greater than 30 percent of the amount the Commission or the other authorities collect. | |||||||
| 17:17:2.0.1.1.28.0.1.9 | 17 | Commodity and Securities Exchanges | I | 165 | PART 165—WHISTLEBLOWER RULES | § 165.9 Criteria for determining amount of award. | CFTC | [76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24500, May 30, 2017] | The determination of the amount of an award shall be in the discretion of the Commission. This discretion shall be exercised as prescribed by § 165.7. (a) In determining the amount of an award, the Commission shall take into consideration— (1) The significance of the information provided by the whistleblower to the success of the covered judicial or administrative action or related action; (2) The degree of assistance provided by the whistleblower and any legal representative of the whistleblower in a covered judicial or administrative action or related action; (3) The programmatic interest of the Commission in deterring violations of the Commodity Exchange Act by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws; (4) Whether the award otherwise enhances the Commission's ability to enforce the Commodity Exchange Act, protect customers, and encourage the submission of high quality information from whistleblowers; and (5) Potential adverse incentives from oversize awards. (b) Factors that may increase the amount of a whistleblower's award. In determining whether to increase the amount of an award, the Commission will consider the following factors, which are not listed in order of importance. (1) Significance of the information provided by the whistleblower. The Commission will assess the significance of the information provided by a whistleblower to the success of the Commission action or related action. In considering this factor, the Commission may take into account, among other things: (i) The nature of the information provided by the whistleblower and how it related to the successful enforcement action, including whether the reliability and completeness of the information provided to the Commission by the whistleblower resulted in the conservation of Commission resources; and (ii) The degree to which the information provided by the whistleblower supported one or more successful claims brought in the Commission action or related action. … |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);