; denial of award (1) Determination of amount of award (A) Discretion The determination of the amount of an award made under subsection (b) shall be in the discretion of the Treasury. (B) Criteria In determining the amount of an award made under subsection (b), the Treasury— (i) shall take into consideration— (I) the significance of the information provided by the whistleblower to the success of the covered judicial or administrative action; (II) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in a covered judicial or administrative action; (III) the programmatic interest of the Treasury in deterring violations of the laws under subchapters II and III of this title by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws; and (IV) such additional relevant factors as the Treasury may establish by rule or regulation; and (ii) shall not take into consideration the balance of the Fund. (2) Denial of award No award under subsection (b) shall be made— (A) to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Treasury, a member, officer, or employee of— (i) an appropriate regulatory agency; (ii) the Department of Justice or the Treasury; (iii) a self-regulatory organization; or (iv) a law enforcement organization; (B) to any whistleblower who is convicted of a criminal violation related to the judicial or administrative action for which the whistleblower otherwise could receive an award under this section