2nd Circuit Rejects Bids for Whistleblower Awards Stemming From $55M Deutsche Bank Settlement
The three-judge panel agreed with regulators that the evidence presented merely repeated information already at the disposal of investigators.
November 08, 2019 at 03:47 PM
4 minute read
A Manhattan federal appeals court on Friday denied whistleblower awards for three men who claimed to have provided crucial information that led to a $55 million settlement to resolve allegations Deutsche Bank AG hid $1.5 billion in losses during the 2008 financial crisis.
The ruling, from the U.S. Court of Appeals for the Second Circuit, upheld the U.S. Securities and Exchange Commission's determination that the owners of a Toronto-based consulting firm, and a third, unnamed petitioner, did not provided original information that let to the successful enforcement action in 2015.
All three petitioners applied for whistleblower status under the Dodd–Frank Wall Street Reform and Consumer Protection Act, which created a mechanism to compensate individuals who report securities fraud.
Of nine claimants who came forward with information regarding misstatements Deutsche Bank made regarding the market value of certain credit default swap transactions, the SEC ultimately awarded $8 million each to two people who provided "highly credible" information deemed to be "invaluable."
One anonymous petitioner claimed the SEC overlooked his submissions and argued he should have received part of the award.
The three-judge panel, however, agreed with regulators that the evidence he presented merely repeated information already at the disposal of investigators, and found him to not to be a credible source for the probe.
The 28-page decision cited assessments that the man had "difficulty articulating credible and coherent" information to enforcement staff and appeared to be under "great duress" from a personal situation he was experiencing at the time. According to SEC investigators, the man presented evidence in a "wet brown paper bag," and his files were "jumbled and disorganized."
David Kovel, who represented the would-be whistleblower, did not contest the SEC's determination that his client's information was duplicative but said he should still be rewarded for his contribution, which preceded the other submissions.
But Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit said the request ran contrary U.S. law by seeking the release of Federal Treasury funds not authorized by statute. According to the petitioner, Sack said, all a whistleblower has to do is provide "some useful information to the SEC first, in any form, no matter how impenetrable."
Such an approach might incentivize sloppy submissions that were not helpful in prosecuting securities law violations, Sack said.
"The SECʹs interpretation, by contrast, strikes a sensible balance between care and timeliness, one that is more consistent with the whistleblower programʹs purpose: A whistleblower might still be rewarded for being the first to bring incriminating information to the SECʹs attention, but only if that information is contained in a credible, and ultimately useful submission," he wrote.
He was joined in the opinion by Judges Amalya Kearse and Debra Livingston.
Kovel was not immediately available for comment Friday.
The panel also rejected similar petitions from Colin Kilgour and Daniel Williams, owners of the consulting firm Kilgour Williams Group, which provided a detailed report on behalf of one of the whistleblowers. By the time the pair submitted their filing, though, it didn't outline any new information for investigators.
Kilgour, reached by phone Friday, said he was "obviously disappointed" with the ruling but did not immediately offer any further comment. Both Kilgour and Williams represented themselves on appeal the appeal.
Read More:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump Mulls Big Changes to Banking Regulation, Unsettling the Industry
SEC Issues $6.75M Fine Against Financial Firm Led by Trump's Choice to Lead Commerce Dept.
3 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250