[Also available on LinkedIn.]

A little noticed provision in the EB-5 Reform and Integrity Act of 2022 should provide some comfort to those considering blowing the whistle on EB-5 fraud or related securities law violations. The language in the Act reinforces the government imperative to keep whistleblower identities confidential. This is in addition to the already existing provisions of Dodd Frank that allow securities law whistleblowers to report fraud anonymously through an attorney and still collect a reward:

Whistleblowers, confidential sources, or intelligence agencies.

— Evidence received from whistleblowers, other confidential sources, or the intelligence community that is included in the record of proceeding and considered in adjudicative proceedings shall be handled in a manner that does not reveal the identity of the whistleblower or confidential source, or reveal classified information.