WASHINGTON – A bill originally
introduced by Sen. Chuck Grassley (R-Iowa) to strengthen an anti-money
laundering whistleblower program and hold sanctions violators accountable has
cleared the House Financial Services Committee. The bipartisan, bicameral
proposal expands on an anti-money laundering whistleblower program by adding
support for whistleblowers who report violations of U.S. sanction laws,
providing a funding mechanism to pay whistleblower awards and guaranteeing that
whistleblowers will be paid a minimum award amount.
“The whistleblower programs I’ve helped
create have seen roaring success, with the False
Claims Act saving taxpayers $70 billion and the SEC whistleblower program
saving over $4.8 billion. I’m optimistic that our new program encouraging
individuals to come forward for suspected sanctions violations will be
successful as well. Given the expansive sanctions we’ve implemented on Russia
as they wage an unjust war in Ukraine, our legislation is urgently needed to
hold bad actors accountable,” Grassley
said.
Three statutes account for nearly all
sanctions violation penalties: the International
Emergency Economic Powers Act, the Foreign
Narcotics Kingpin Designation Act and the Trading with the Enemy Act. If a whistleblower discloses a
violation of one of these laws and successful enforcement action ensues, this
legislation enables the whistleblower to receive part of the fine collected
based on their information.
Under this proposal, the whistleblower
would receive 10 to 30 percent of the value of fines collected from their
actions. This puts the anti-money laundering system on par with other
whistleblower programs. These changes also follow best practices from other
programs and have been shown through repeated studies by the
Government Accountability Office (GAO) and the
Securities
and Exchange Commission (SEC) Inspector
General to increase reporting.
Unlike the existing system, the bill
appropriates no new funds while also ensuring that money is available when
whistleblowers are approved to receive an award. This is accomplished by
creating a $300 million fund from fines collected by the Departments of Justice
and Treasury.
After being introduced by Grassley, a
companion bill was introduced in the U.S. House of Representatives by Reps.
Alma Adams (D-N.C.) and Anthony Gonzalez (R-Ohio). Sens. Raphael Warnock
(D-Ga.) and Elizabeth Warren (D-Mass.) are also cosponsors of the legislation
in the Senate.
The bill is endorsed by the National
Whistleblower Center, Taxpayers Against Fraud, the Government Accountability
Project, the Project on Government Oversight and Transparency International.
Recently, Grassley
urged
the Supreme Court to uphold the original intent of the
False Claims Act, which has proven to be the government’s most
useful and effective fraud-fighting tool. It was responsible for
$5.6 billion in fraud recoveries in 2021 alone. Grassley is also working with
Warren to
strengthen the SEC whistleblower program, which he helped create in 2010.
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