Securities whistleblower incentives and protection

15 U.S. Code § 78u-6. Securities whistleblower incentives and protection

(a) DefinitionsIn this section the following definitions shall apply:
(1) Covered judicial or administrative action
The term “covered judicial or administrative action” means any judicial or administrative action brought by the Commission under the securities laws that results in monetary sanctions exceeding $1,000,000.
(2) Fund
The term “Fund” means the Securities and Exchange Commission Investor Protection Fund.
(3) Original informationThe term “original information” means information that—
(A)
is derived from the independent knowledge or analysis of a whistleblower;
(B)
is not known to the Commission from any other source, unless the whistleblower is the original source of the information; and
(C)
is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information.
(4) Monetary sanctionsThe term “monetary sanctions”, when used with respect to any judicial or administrative action, means—
(A)
any monies, including penalties, disgorgement, and interest, ordered to be paid; and
(B)
any monies deposited into a disgorgement fund or other fund pursuant to section 308(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7246(b)), as a result of such action or any settlement of such action.
(5) Related action
The term “related action”, when used with respect to any judicial or administrative action brought by the Commission under the securities laws, means any judicial or administrative action brought by an entity described in subclauses (I) through (IV) of subsection (h)(2)(D)(i) that is based upon the original information provided by a whistleblower pursuant to subsection (a) that led to the successful enforcement of the Commission action.
(6) Whistleblower
The term “whistleblower” means any individual who provides, or 2 or more individuals acting jointly who provide, information relating to a violation of the securities laws to the Commission, in a manner established, by rule or regulation, by the Commission.
This document is only available to subscribers. Please log in or purchase access.