Page:United States Statutes at Large Volume 124.djvu/1869

 124 STAT. 1843 PUBLIC LAW 111–203—JULY 21, 2010 ‘‘(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 securi- ties laws by making awards to whistleblowers who provide information that lead 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) an appropriate regulatory agency; ‘‘(ii) the Department of Justice; ‘‘(iii) a self-regulatory organization; ‘‘(iv) the Public Company Accounting Oversight Board; or ‘‘(v) 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 gains the information through the performance of an audit of financial statements required under the securities laws and for whom such submission would be contrary to the requirements of section 10A of the Securities Exchange Act of 1934 (15 U.S.C. 78j–1); or ‘‘(D) to any whistleblower who fails to submit informa- tion to the Commission in such form as the Commission may, by rule, require. ‘‘(d) REPRESENTATION.— ‘‘(1) PERMITTED REPRESENTATION.—Any whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. ‘‘(2) REQUIRED REPRESENTATION.— ‘‘(A) IN GENERAL.—Any whistleblower who anony- mously makes a claim for an award under subsection (b) shall be represented by counsel if the whistleblower anony- mously submits the information upon which the claim is based. ‘‘(B) DISCLOSURE OF IDENTITY.—Prior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information