The lawyers at Brown, LLC can assist you in filing your CFTC Whistleblower case. The submission involves filing a TCR. According to the CFTC itself the filing procedure questions can also be answered by the CFTC itself, but it’s best to consult with an attorney:
“1 Instructions for Completing Form TCR General All references to “you” and “your” are intended to mean the complainant.
Section A: Tell Us About Yourself Questions 1-14: Please provide the following information about yourself: □ last name, first name and middle initial; □ complete address, including city, state and zip code; □ telephone number and, if available, an alternate number where you can be reached; □ your e-mail address (to facilitate communications, we strongly encourage you to provide an e-mail address, especially if you are filing anonymously); □ your preferred method of communication; and □ your occupation.
Section B: Your Attorney’s Information Complete this section only if you are represented by an attorney in this matter. Questions 1-10: Provide the following information about your attorney: □ attorney’s name; □ firm name; □ complete address, including city, state and zip code; □ telephone number and fax number; and □ e-mail address.
Section C: Tell Us Who You Are Complaining About Question 1-2: Choose one of the following that best describes the individual’s profession or the type of entity to which your complaint relates: For Individuals: accountant, analyst, associated person, attorney, auditor, broker, commodity trading advisor, commodity pool operator, compliance officer, employee, executing broker, executive officer or director, financial planner, floor broker, floor trader, trader, unknown or other (specify). For Entities: bank, commodity pool, commodity pool operator, commodity trading advisor, futures commission merchant, hedge fund, introducing broker, major swap participant, retail foreign exchange dealer, swap dealer, unknown or other (specify). 2 Questions 3-12: For each individual and/or entity, provide the following information, if known: □ full name; □ complete address, including city, state and zip code; □ telephone number; □ e-mail address; and □ internet address, if applicable. Questions 13: If the firm or individual you are complaining about has custody or control of your investment, identify whether you have had difficulty contacting that firm or individual. Question 14: Identify if you are, or were, associated with the individual or firm you are complaining about. If yes, describe how you are, or were, associated with the individual or firm you are complaining about. Question 15: Identify the initial form of contact between you and the person against whom you are filing this complaint.
Section D: Tell Us About Your Complaint Question 1: State the date (mm/dd/yyyy) that the alleged conduct occurred or began. Question 2: Identify if the conduct is on-going. Question 3: Choose the option that you believe best describes the nature of your complaint. If you are alleging more than one violation, please list all that you believe may apply. Question 4: Select the type of product or instrument you are complaining about. Question 5: If applicable, please name the product or instrument. If yes, please describe. Question 6: Identify whether you have suffered a monetary loss. If yes, please describe. Question 7: Identify if the individual or firm you are complaining about acknowledged their fault. Question 8: Indicate whether you have taken any other action regarding your complaint, including whether you complained to the CFTC, another regulator, a law enforcement agency, or any other agency or organization, or initiated legal action, mediation, arbitration or any other action. If you answered yes, provide details, including the date on which you took the action(s) described, the name of the person or entity to whom you directed any report or complaint, and contact information for the person or entity, if known, and the complete case name, case number and forum of any legal action you have taken. Question 9: State in detail all facts pertinent to the alleged violation. Explain why you believe the facts described constitute a violation of the Commodity Exchange Act. Question 10: Describe all supporting materials in your possession and the availability and location of any additional supporting materials not in your possession.
Section E: Whistleblower Program Question 1: Describe how you obtained the information that supports your allegations. If any information was obtained from an attorney or in a communication where an attorney was present, identify such information with as much particularity as possible. In addition, if any information was obtained from a public source, identify the source with as much particularity as possible. 3 Question 2: Identify any documents or other information in your submission on this Form TCR that you believe could reasonably be expected to reveal your identity. Explain the basis for your belief that your identity would be revealed if the documents or information were disclosed to a third party. Question 3: State whether you or your attorney have had any prior communication(s) with the CFTC concerning this matter. If you answered “yes”, identify the CFTC staff member(s) with whom you or your attorney communicated. Question 4: Indicate whether you or your attorney have provided the information you are providing to the CFTC to any other agency or organization, or whether any other agency or organization has requested the information or related information from you. If you answered “yes”, provide details and the name and contact information of the point of contact at the other agency or organization, if known. Question 5: Indicate whether your complaint relates to an entity of which you are, or were in the past, an officer, director, counsel, employee, consultant or contractor. If you answered “yes”, state whether you have reported this violation to your supervisor, compliance office, whistleblower hotline, ombudsman, or any other available mechanism at the entity for reporting violations. Please provide details, including the date on which you took the action. Question 6: Indicate whether you have taken any other action regarding your complaint, including whether you complained to the CFTC, another regulator, a law enforcement agency, or any other agency or organization, or initiated legal action, mediation, arbitration or any other action. If you answered “yes”, provide details, including the date on which you took the action(s) described, the name of the person or entity to whom you directed any report or complaint, and contact information for the person or entity, if known, and the complete case name, case number and forum of any legal action you have taken. Question 7: Provide any additional information you think may be relevant.
Section F: Whistleblower Eligibility Requirements and Other Information Question 1: State whether you are currently, or were at the time that you acquired the original information that you are submitting to the CFTC, a member, officer or employee of: the CFTC; the Board of Governors of the Federal Reserve System; the Office of the Comptroller of the Currency; the Board of Directors of the Federal Deposit Insurance Corporation; the Director of the Office of Thrift Supervision; the National Credit Union Administration Board; the Securities and Exchange Commission; the Department of Justice; a registered entity; a registered futures association; a self-regulatory organization (as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a));; a law enforcement organization; or a foreign regulatory authority or law enforcement organization. Question 2: State whether you are providing the information pursuant to a cooperation agreement with the CFTC or with another agency or organization. Question 3: State whether you are providing this information before you (or anyone representing you) received any request, inquiry or demand that relates to the subject matter of this submission (i) from the CFTC, (ii) in connection with an investigation, inspection or examination by any registered entity, registered futures association or self-regulatory organization (as defined in 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a));, or (iii) in connection with an investigation by the Congress, or any other federal or state authority. Question 4: State whether you are currently a subject or target of a criminal investigation, or whether you have been convicted of a criminal violation, in connection with the information you are submitting to the CFTC. 4 Question 5: State whether you acquired the information you are providing to the CFTC from any individual described in Questions 1 through 4 of this section. Question 6: If you answered yes to any of Questions 1 through 5, please provide details.
Section G: Privacy Notice and Whistleblower’s Declaration You must sign this Declaration if you are submitting this information pursuant to the CFTC whistleblower program and wish to be considered for an award. If you are submitting your information using the electronic version of Form TCR through the CFTC’s web portal, you must check the box to agree with the declaration. If you are submitting your information anonymously, you must still sign this Declaration (using the term “anonymous”) or check the box as appropriate, and, if you are represented by an attorney, you must provide your attorney with the original of this signed form, or maintain a copy for your own records.
Section H: Counsel Certification If you are submitting this information pursuant to the CFTC whistleblower program and you are doing so anonymously through an attorney, your attorney must sign the Counsel Certification Section. If your attorney is submitting your information using the electronic version of Form TCR through the CFTC’s web portal, he/she must check the box to agree with the certification. If you are represented in this matter but you are not submitting your information pursuant to the CFTC whistleblower program, your attorney does not need to sign this Certification or check the box.”