Whistleblower Incentives and Protections

SIFMA, a trade association for broker-dealers and investment banks, supports the establishment of a whistleblower program but advocates for specific modifications to the proposed rules. They recommend tying the 120-day waiting period to internal reporting to protect compliance programs, extending the waiting period to 180 days, and expanding ineligibility criteria for culpable whistleblowers or those sharing sensitive data.

Constantine Cannon LLP, a law firm, supports the proposed FinCEN Whistleblower Program and provides specific recommendations to improve its effectiveness. They advocate for clearer definitions of "original information," protections for internal reporting, and more concrete timelines for whistleblower award determinations.

Robert Barwick, a private citizen, opposes the proposed rules because he believes they weaken the Anti-Money Laundering Whistleblower Improvement Act. He argues that the rules fail to provide sufficient confidentiality protections, create unnecessary procedural barriers, and lack adequate protections for international whistleblowers.

Ashley Welsh opposes the proposed rules, arguing that they weaken the Anti-Money Laundering Whistleblower Improvement Act by failing to provide adequate confidentiality, protection for international whistleblowers, and the removal of unauthorized disqualifications. The commenter urges FinCEN to instead adopt the rules submitted by the National Whistleblower Center to better protect those reporting financial crimes.

Lowell & Associates, PLLC, a law firm, opposes the proposed interpretation that excludes monies collected by the U.S. Victims of State Sponsored Terrorism Fund (VSSTF) from the definition of "monetary sanctions." They argue this interpretation contradicts the plain language of 31 U.S.C. § 5323, would significantly reduce whistleblower awards, and would ultimately harm terrorism victims by decreasing the incentives for whistleblowers to report sanctions violations.

The National Whistleblower Center and the law firm Kohn, Kohn and Colapinto oppose the proposed rules, arguing they are too similar to SEC Dodd-Frank regulations and fail to adequately protect international whistleblowers. They argue the rules create technical barriers, lack sufficient confidentiality protections, and include unauthorized disqualifications that undermine the intent of the Anti-Money Laundering Whistleblower Improvement Act.

Yudith Maria Cestero de Kozlowski, identifying as an Authorized Executor/Private Attorney General, opposes the proposed FinCEN rules regarding whistleblower incentives and protections. The commenter argues that the proposed "technical traps," such as rigid filing limits and mandates, suppress good-faith reporting and fail to account for historical title contexts and specific legal precedents.

The commenter, Mary Dalzell, expresses personal grievances regarding alleged illegal experiments and abuse involving plutonium and cyber trafficking. Her comments are unrelated to the proposed action regarding whistleblower incentives and protections.