Page:United States Statutes at Large Volume 124.djvu/1767

 124 STAT. 1741 PUBLIC LAW 111–203—JULY 21, 2010 ‘‘(A) not less than 10 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions; and ‘‘(B) not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions. ‘‘(2) PAYMENT OF AWARDS.—Any amount paid under para- graph (1) shall be paid from the Fund. ‘‘(c) DETERMINATION OF AMOUNT OF AWARD; DENIAL OF AWARD.— ‘‘(1) DETERMINATION OF AMOUNT OF AWARD.— ‘‘(A) DISCRETION.—The determination of the amount of an award made under subsection (b) shall be in the discretion of the Commission. ‘‘(B) CRITERIA.—In determining the amount of an award made under subsection (b), the Commission— ‘‘(i) shall take into consideration— ‘‘(I) the significance of the information pro- vided by the whistleblower to the success of the covered judicial or administrative action; ‘‘(II) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in a covered judicial or administra- tive action; ‘‘(III) the programmatic interest of the Commission in deterring violations of the Act (including regulations under the Act) by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws; and ‘‘(IV) such additional relevant factors as the Commission may establish by rule or regulation; and ‘‘(ii) shall not take into consideration the balance of the Fund. ‘‘(2) DENIAL OF AWARD.—No award under subsection (b) shall be made— ‘‘(A) to any whistleblower who is, or was at the time the whistleblower acquired the original information sub- mitted to the Commission, a member, officer, or employee of— ‘‘(i) a appropriate regulatory agency; ‘‘(ii) the Department of Justice; ‘‘(iii) a registered entity; ‘‘(iv) a registered futures association; ‘‘(v) a self-regulatory organization as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); or ‘‘(vi) a law enforcement organization; ‘‘(B) to any whistleblower who is convicted of a criminal violation related to the judicial or administrative action for which the whistleblower otherwise could receive an award under this section; ‘‘(C) to any whistleblower who submits information to the Commission that is based on the facts underlying the covered action submitted previously by another whistle- blower;