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A whistleblower complaint with the Securities and Exchange Commission leads to an investigation into seismic risks at an Indonesian copper plant
Following an anonymous complaint, the U.S. Securities and Exchange Commission (SEC) launched an investigation to find out whether Freeport-McMoRan Inc. It failed to disclose to investors the risk of a potential earthquake to its new $3.7 billion copper smelter complex in Indonesia, according to the British Daily Mail. Report from Bloomberg.
The whistleblower is a recognized expert in the field of land reclamation and has first-hand knowledge of the alleged facts. The basic claim is that the facility is built on a known fault line such that an earthquake of predictable magnitude could plunge the Gresic smelter project into the ocean, without warning, and at enormous cost in lives, company operations, and the environment.
The Securities and Exchange Commission is said to be investigating whether Freeport, an Arizona-based company, violated US securities laws by failing to disclose to investors material facts related to threats posed by a potential earthquake.
“Freeport ignored expert advice and relied on engineering designs that did not meet Indonesian standards for earthquake-resistant buildings, according to the complaint filed in 2022,” Bloomberg reported.
The $3.7 billion copper smelter, located in Gresik, East Java, opened this year after construction delays led to tens of millions of dollars in fines by the Indonesian government. The whistleblower complaint alleges that “engineering experts recommended strengthening the ground further than originally planned to support the complex, which is located on reclaimed coastal land in a high-risk area,” Bloomberg reported. The whistleblower claims that the designs used to reinforce the land were flawed.
Through the SEC's whistleblower program, individuals can anonymously report potential violations of U.S. securities laws. Eligible whistleblowers, which are individuals who voluntarily provide original information that leads to a successful enforcement action, are eligible for financial awards ranging from 10 to 30% of the funds raised in the enforcement action.
The SEC's Whistleblower Program has transnational reach, and whistleblowers do not need to be US citizens or US residents in order to qualify for SEC Whistleblower Awards. Misconduct can occur abroad. From 2010 through 2021, more than 5,000 whistleblower tips from foreign countries were filed with the SEC.
Further reading:
The Securities and Exchange Commission examined Freeport over earthquake risks at its copper plant in Indonesia
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