Contents
Contents
The SEC calculates whistleblower awards by applying an award percentage to qualifying monetary sanctions collected in a successful SEC enforcement action and any qualifying related actions. The calculation connects the money recovered to the value of the information and assistance the whistleblower provided. If you know how a transaction was disguised, where the records sit or which explanation management gave investors, that knowledge can matter to the award. This page follows the calculation from the collection base to the whistleblower’s share.
Eligible SEC whistleblowers can receive 10% to 30% of qualifying monetary sanctions collected. When several whistleblowers share an award, that range covers them together. The SEC’s whistleblower rules connect an award to original information voluntarily provided to the SEC that leads to a successful enforcement action. The SEC sets the percentage by evaluating the contribution to that action.
The SEC action must result in monetary sanctions exceeding $1 million. That is the threshold for the action, not a deductible taken out before the percentage applies. Once the action qualifies, the award calculation uses the qualifying collections, including the first dollars collected. The size of an investor’s loss is a different measure.
The SEC can also treat proceedings arising from the same underlying facts as one action for award purposes. In a March 2023 award order, it included another enforcement action whose sanctions did not independently exceed the threshold. The agency connected the proceedings through their common facts, which expanded the action used to determine the award.
Monetary sanctions include civil penalties, disgorgement and interest ordered in the qualifying action. Disgorgement requires the surrender of gains from the misconduct. Interest counts because it is part of the sanction collected.
An enforcement order establishes the company’s obligation. Collections supply the money base to which the award percentage applies. Money paid under a separate private investor settlement belongs to that settlement’s distribution process. In an August 2024 award order, the SEC excluded amounts offset by payments to the SEC when determining the collections for another agency’s related action.
The SEC considers the significance of the information, the assistance provided, its interest in enforcing the securities laws and the whistleblower’s participation in internal compliance systems. These factors let the agency assess what the information accomplished and how much the whistleblower helped it understand and prove the conduct. The SEC’s explanation of award factors makes the contribution to enforcement central to the percentage.
Significance includes how reliable and complete the information was and how it supported the successful action. Assistance can include explaining complex transactions and interpreting important evidence. The SEC also considers staff resources saved and help recovering the proceeds of the violations. For someone in accounting or operations, knowing why a record means something different from what management says can be part of that assistance. The agency is evaluating useful knowledge as well as documents.
The enforcement interest reaches beyond the amount in a single transaction. The SEC considers investor harm, repeated conduct, regulated businesses and industry-wide practices. Participation in internal compliance can also support an award, including assistance with an internal investigation. We examine that history with you alongside the evidence and the contribution it made.
There is also a useful protection for substantial awards: the rules allow the SEC to consider an award’s dollar size for the purpose of increasing it. They prohibit using dollar size itself as a reason to lower the award. A large recovery does not make the information that produced it less valuable.
The SEC presumes a maximum award of 30% for qualifying applications where the maximum award across the covered and related actions is $5 million or less. The calculation includes reasonably anticipated future collections. This is a measure of the potential award, rather than a ceiling on the sanctions imposed in the enforcement action.
The SEC’s fiscal-year 2025 report describes this presumption as part of the program’s award framework. Its application depends on the whistleblower’s conduct and assistance, and on the program’s investor-protection and public-interest objectives. We assess those conditions with you instead of treating the maximum percentage as an estimate of your case.
The SEC divides a shared award by assessing the eligible whistleblowers’ relative contributions within the aggregate award range. Each person receives an individual allocation, which can differ according to what their information and assistance contributed. If at least one eligible whistleblower qualifies for the maximum-award presumption described above, the group receives the statutory maximum in total. The SEC still determines how to divide it.
A March 2018 award order approved more than $49 million jointly for two whistleblowers and more than $33 million for another whistleblower in the same covered action. The joint whistleblowers supplied a detailed tip that prompted an investigation and helped identify relevant documents and key witnesses. The other whistleblower supplied previously unknown information that prompted a separate investigation into another part of the conduct.
Those investigations contributed to the same enforcement action. The SEC assessed the whistleblowers’ information, follow-up assistance and relative contributions when allocating the awards. Knowing the total recovery answers only part of the question.
A qualifying related action can add collections from another authority to the SEC award calculation. The same original information must have led to successful enforcement in both the SEC action and the related action. The percentage awarded for the related action can differ from the percentage for the SEC action.
When another whistleblower program also covers the action, the SEC’s rules determine how the programs fit together and prevent duplicate awards for the same action. We work through those overlaps with you and SEC whistleblower lawyers who understand how the evidence connects the proceedings.
A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers. That program addresses fraud against the government and has its own reward framework. We assess which conduct and recovery each program reaches.
The award order determines the whistleblower’s entitlement, and payments apply that award to qualifying sanctions collected. The money comes from the SEC’s Investor Protection Fund.
The SEC explains that the fund is financed through sanctions paid by securities-law violators and that whistleblower awards do not take money from harmed investors. Investor distributions serve a separate purpose: returning money to people harmed by the conduct. The reward recognizes the whistleblower’s contribution to enforcement.
An insider’s information is valuable when it connects a suspected violation to transactions, documents and people who can explain what happened. In a public company, the reporting chain runs from transaction records through accounting entries and estimates to the financial statements and signed certifications. Ledger entries, reconciliations and report versions can show how the business arrived at the numbers it published.
That knowledge fits the award factors directly. The SEC credits assistance that explains transactions and interprets evidence, and its annual report describes whistleblowers whose help expanded an investigation and the charges brought. We work with you to connect what you know inside the business to the conduct investigators can establish.
The incentive can matter before an enforcement action begins. Do Corporate Whistleblower Laws Deter Accounting Fraud?, a 2019 working paper from the University of Chicago Booth School of Business and Baruch College, found that introducing the SEC whistleblower provision reduced the estimated probability of accounting fraud by 7% among firms without prior exposure to state False Claims Acts, relative to firms already exposed. Its finding gives the award percentage a purpose beyond a payout: rewarding inside information can change the incentives inside the business.
If you understand the transactions, the records or the decisions behind a securities violation, speak with our whistleblower experts about what your information can establish. We build the case with you, connect your contribution to the SEC award framework and bring in SEC whistleblower lawyers suited to the conduct you have uncovered. We stay beside you to make the value of that contribution clear through the investigation and award process.