Tariffs-Free Regulatory Importing?
Asad Akhtar
SEC. The SEC’s declaration imposes penalties for willfully false, fictitious, or fraudulent
statements/misrepresentations made by whistleblowers.95
Finally, and perhaps the most probative concern, is the potential for the program to
incentivize actors to behave poorly in order to maximize their own financial gains.96 Some
whistleblowers may become silent bystanders to violations of securities laws or avoid the use of
internal compliance mechanisms in order to maximize the seriousness of the breach and,
consequently, a potential payable award. The OSC has attempted to circumvent this issue by
increasing awards for individuals who initially utilize internal compliance mechanisms before
reporting and, likewise, decreasing awards for a failure to respond in an efficient time period.
Undoubtedly, even with these guidelines, this challenge will continue to linger.
The SEC’s declaration statement is the following: “I declare under penalty of perjury under the laws of the United
States that the information contained herein is true, correct and complete to the best of my knowledge, information
and belief. I fully understand that I may be subject to prosecution and ineligible for a whistleblower award if, in my
submission of information, my other dealings with the SEC, or my dealings with another authority in connection
with a related action, I knowingly and willfully make any false, fictitious, or fraudulent statements or
representations, or use any false writing or document knowing that the writing or document contains any false,
fictitious, or fraudulent statement or entry.”
96
Supra, note 91 at 1.
95
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