GREENSPAN v. SECURITIES EXCHANGE COMMISSION (2018)

MEMORANDUM **

Brad Greenspan petitions for review of an order of the Securities and Exchange Commission (“SEC”) denying his claim for a whistleblower award under Section 21F of the Securities Exchange Act of 1934. We have jurisdiction under 15 U.S.C. § 78u-6(f). The SEC’s determination may be set aside only if “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law,” or “unsupported by substantial evidence.” 5 U.S.C. § 706(2)(A), (2)(E); see also 15 U.S.C. § 78u-6(f); Ponce v. SEC, 345 F.3d 722, 728 (9th Cir. 2003). We deny the petition.

The record supports the SEC’s determination that Greenspan is not entitled to a whistleblower award because Greenspan did not provide information to the SEC “that led to the successful enforcement” of an SEC action. 15 U.S.C. § 78u-6(b)(1); see also 17 C.F.R. § 240.21F-4(c) (defining information that led to successful enforcement action).

We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

PETITION FOR REVIEW DENIED.