Our SEC whistleblowers work on claims involving securities laws or violations of the Foreign Corrupt Practices Act filed with the Securities and Exchange Commission as part of the Dodd-Frank Whistleblower Rewards Program. We help whistleblowers who are aware of government fraud prosecute under federal and state false claims laws and other whistleblower programs. These programs allow individuals and businesses to bring wrongdoing to the attention of the government and obtain a share of the recovery. These laws also protect whistleblowers from retaliation by their employers or others. We have successfully represented clients in the following areas: Even if allegations have become public, whistleblowers may be able to establish themselves as arbitrators. Under the Misrepresentation Act, this requires the whistleblower to be an original source of information. There are also requirements for original information under IRS and SEC whistleblower regulations. The False Claims Act now includes a provision that allows the government to effectively lift the prohibition on disclosure. Phillips & Cohen has won 13 client awards under the Dodd-Frank whistleblower rewards programs – more than any other law firm. Learn more.
NWC is taking a “campaign approach” to these selected cases, mobilizing its grassroots supporters as well as bipartisan allies on the Hill and within authorities to raise awareness of the myriad benefits these cases offer the public. It also works to strengthen and defend the whistleblower laws on which business depends. Timothée P. O`Toole, a member of the law firm Miller & Chevalier Chartered, advises and defends individuals and businesses in white-collar crime cases, conducts internal corporate investigations, and represents witnesses and potential targets in regulatory investigations. He has extensive experience in dealing with issues such as export controls, embargoes, punitive taxes, bribery, public corruption, conspiracies, misrepresentation by government agencies, obstruction of justice and fraud. Our experienced lawyers have the skills and knowledge to assist whistleblowers before and during the Qui Tam action, as well as during any related retaliation. We are committed to protecting individuals and government agencies from various types of corporate fraud and will work with whistleblowers to achieve long-term goals and stop fraudulent practices. In a limited number of cases, the NWC may determine that the success of a case is crucial to strengthening whistleblower protection and fighting corruption. In this case, NWC can donate time and money to employees to support the cause.
For example, Massachusetts has a Qui Tam law that gives the final individual the right to sue for fraud against the Commonwealth of Massachusetts and its cities and towns. Qui Tam laws, laws like Massachusetts, and the Federal False Claims Acts may be more complicated in terms of the procedures that whistleblowers must follow, but they tend to be the most successful whistleblower procurement laws because they allow whistleblowers to file a case directly in court. At this point, state authorities or the federal government should investigate the whistleblower`s allegations. The record of the federal misrepresentation law may be stronger than that of other whistleblower rewards laws, but the law itself also predates many other similar laws. The fight against retaliation works in the same way as action in the workplace. By law, whistleblowers can sue for lost wages and even for special damages. Existing whistleblower reward laws are special because they allow whistleblowers to be rewarded with valuable information for that information. If the IRS collects something based on the original information provided by the whistleblower, the whistleblower may qualify for a premium of 15% to 30% of that amount, making the rewards potentially lucrative, depending on what the IRS collects and determines the award.
The IRS can provide a discretionary amount if it wishes, but for practical reasons, unless at least $2 million is at stake, it cannot pursue the whistleblower`s claim; Whether the whistleblower is pardoned or not is often at the discretion of the IRS. There are laws that protect people`s right to express themselves when they witness illegal activities. For example, California`s whistleblower protection law provides strong safeguards for employees. These laws protect both public and private sector employees and also identify certain cases of retaliation as criminal offenses. But laws must be well understood and observed. This is where our whistleblowing lawyers can help. With offices in New Jersey, New York, California and Florida, Dhillon Law Group provides these services and is prepared to protect the rights of all employees who have chosen to report illegal activities. The amounts of compensation under these two laws range from 10% to 30% of the penalties imposed, depending on the factors used by the agencies to determine the percentage to be awarded. Whistleblowers are eligible for prizes if the CFTC or SEC raises a million dollars or more and publishes a hedged action on their website.
Once a covered action has been published, a person can make a claim showing that it was their information that led to the award. The anonymity of reporting with a real procedure that allows whistleblowers to work lawfully and with authorities and succeed makes these programs particularly useful for those who wish to report misconduct. The Fund contracts with an experienced external whistleblower law firm whose lawyers are licensed in the District of Columbia. The lawyers at this law firm review each registration and make all decisions regarding the registrations. This examination is carried out free of charge free of charge. Violations of the law may result in disciplinary action against federal employees who have retaliated against whistleblowers. Employees who are subject to retaliation for providing protected information may claim salary arrears, withdrawal of personnel measures against the employee, consequential damages (e.g. medical expenses, travel) and legal fees.
No damage is available. Only one person can sue on a specific allegation of fraud. If one person publishes the information but does so without taking legal action, another person can do so and prevent the original whistleblower from receiving a share of the recovery. This requirement was included in the False Claims Act to ensure that only one person benefits from the financial incentive of a Qui Tam lawsuit. Recently, in Trzaska v. L`Oréal USA, Inc., 865 F.3d 155 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit analyzed whether the refusal to violate professional codes of conduct constituted protected activity under a New Jersey anti-retaliation law. Trzaska shows that the in-house counsel`s commitment to compliance with the rules of conduct is rewarded despite instructions to the contrary from the employer. There, the employer set a quota of patent applications for its in-house patent attorneys, which encouraged them to file patent applications for products, even if they assumed in good faith that those products were not patentable. The rules of the United States and United States Patent and Trademark Office (USPTO) prohibited lawyers from filing frivolous or bad faith patent applications or knowingly making false statements in court. Due to a shortage of patentable products, in-house counsel informed the company`s management that the legal team was not willing to file patent applications that they did not reasonably believe could be patentable and that this would violate ethical rules.
In response, the employer made it clear that failure to submit such applications would have a negative impact on their careers.