John Doe v. SEC

• Court: Court of Appeals for the D.C. Circuit
• Decided: March 21, 2024
• Docket: 23-1161
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 23-1161 September Term, 2023 SEC-2023-64 Filed On: March 21, 2024 John Doe,

Petitioner

v.

Securities and Exchange Commission,

Respondent

PETITION FOR REVIEW FROM AN ORDER OF THE SECURITIES AND EXCHANGE COMMISSION

BEFORE: Henderson, Millett, and Walker, Circuit Judges

JUDGMENT

This petition for review of an order of the Securities and Exchange Commission (“SEC”) was considered on the briefs and appendix filed by the parties. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the petition for review be denied. Petitioner has not shown that the SEC’s May 26, 2023 order denying his whistleblower award application was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. See 15 U.S.C. § 78u-6(f); 5 U.S.C. § 706(2). The declarations submitted by agency attorneys explain that the whistleblower information submitted by petitioner did not in any way assist or contribute to the covered action. Petitioner has provided no persuasive reason to question these assertions. See Doe v. SEC, 846 F. App’x 1, 4 (D.C. Cir. 2021).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

Per Curiam