A recent decision by the U.S. Court of Appeals for the Second Circuit has implications for whistleblowers under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or “The Act”). In Hong v. SEC, No. 21-529 (2d Cir. July 21, 2022), the Court held that a person who provides the Securities and Exchange Commission (“SEC”) with information about potential securities laws violations is entitled to receive a whistleblower award under Section 21F of the Securities Exchange Act (15 U.S.C. § 78u-6)if the SEC itself brings a qualifying action, but not when the SEC shares the whistleblower’s information to other agencies who then bring an action in partial reliance upon it. The decision sets definitive limits on the reach of the Dodd-Frank Act’s whistleblower incentives and may affect the calculus for individuals considering whether to risk their personal and professional careers to come forward with information of wrongdoing.
Victor Hong worked at a bank for six weeks in the fall of 2007 before resigning, prompted by what he believed to be unlawful practices engaged in by the bank in connection with its portfolio of residential mortgage-backed securities (“RMBS”). After his resignation, he formally submitted information to the SEC about the bank’s perceived misconduct. The SEC itself took no action against the bank but shared the information with the Department of Justice (“DOJ”) and the Federal Housing Finance Agency (“FHFA”) (together, the “Agencies”),...
On Friday, April 10, 2026, the U.S. Department of Justice (DOJ) announced that International Business Machines Corporation (IBM) has agreed to pay just over $17 million to resolve allegations that ...