Montana Code 30-10-1110. Disqualification from award
30-10-1110. Disqualification from award. The commissioner may not provide an award to a whistleblower under this section if the whistleblower:
Terms Used In Montana Code 30-10-1110
- Commissioner: has the meaning provided in 30-10-103. See Montana Code 30-10-1103
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- 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
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- 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
- Writing: includes printing. See Montana Code 1-1-203
(1)is convicted of a felony in connection with the administrative or judicial action for which the whistleblower otherwise could receive an award;
(2)acquires the original information through the performance of an audit of financial statements required under the securities laws and for whom providing the original information violates 15 U.S.C. §§ 78j–1;
(3)fails to submit information to the commissioner in the form that the commissioner may prescribe;
(4)knowingly makes a false, fictitious, or fraudulent statement or misrepresentation as part of, or in connection with, the original information provided or the administrative or judicial action for which the original information was provided;
(5)in the whistleblower’s submission, its other dealings with the commissioner, or in its dealings with another authority in connection with a related action, knowingly makes any false, fictitious, or fraudulent statement or representation, or uses any false writing or document knowing that it contains any false, fictitious, or fraudulent statement or entry with intent to mislead or otherwise hinder the commissioner or another authority in connection with a related action;
(6)knowingly provides original information that is false, fictitious, or fraudulent;
(7)has a legal duty to report the original information to the commissioner;
(8)is, or was at the time the whistleblower acquired the original information submitted to the commissioner, a member, officer, or employee of the office of the state auditor, the United States securities and exchange commission, any securities regulatory authority of another state, a self-regulatory organization, the public company accounting oversight board, or any law enforcement organization;
(9)is, or was at the time the whistleblower acquired the original information submitted to the commissioner, a member, officer, or employee of a foreign government, of any political subdivision, department, agency, or instrumentality of a foreign government, or of any other foreign financial regulatory authority as that term is defined in 15 U.S.C. § 78c(a)(52);
(10)is the spouse, parent, child, or sibling of the commissioner or an employee of the office of the state auditor or resides in the same household as the commissioner or an employee of the office of the state auditor; or
(11)directly or indirectly acquires the original information provided to the commissioner from a person:
(a)who is subject to subsection (2), unless the information is not excluded from that person’s use, or provides the commissioner with information about possible violations involving that person;
(b)who is a person described in subsection (8), (9), or (10); or
(c)with the intent to evade any provision of this part.