Montana Code 30-10-1109. Factors used to determine amount of whistleblower award
30-10-1109. Factors used to determine amount of whistleblower award. In determining the amount of an award under this part, the commissioner shall consider:
Terms Used In Montana Code 30-10-1109
- Commissioner: has the meaning provided in 30-10-103. See Montana Code 30-10-1103
- Original information: means information that is:
(a)derived from the independent knowledge or analysis of a whistleblower;
(b)not already known to the commissioner from any other source, unless the whistleblower is the original source of the information;
(c)not exclusively derived from an allegation made in an administrative or judicial hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is the source of the information; and
(d)provided to the commissioner for the first time after March 24, 2021. See Montana Code 30-10-1103
- Whistleblower: means an individual who, alone or jointly with others, provides the state or other law enforcement agency with information pursuant to the provisions set forth in this part, and the information relates to a possible violation of state or federal securities laws, including any rules or regulations thereunder, that has occurred, is ongoing, or is about to occur. See Montana Code 30-10-1103
(1)the significance of the original information provided by the whistleblower to the success of the administrative or judicial action;
(2)the degree of assistance provided by the whistleblower in connection with the administrative or judicial action;
(3)the interest of the commissioner in deterring violations of the securities laws by making awards to whistleblowers who provide original information that leads to the successful enforcement of such laws; and
(4)any other factors the commissioner considers relevant.