SEC Whistleblower Lawyers Archives

What Issues Should I Consider Before Filing an SEC Whistleblower Complaint?

Issues to Consider Before Filing an SEC Whistleblower Complaint Every client’s potential matter is unique and requires analysis of the specific violation that the … Continued

SEC Whistleblower Awards: Can a whistleblower get an award for reporting books and records violations?

Yes, under the SEC’s whistleblower reward program, a disclosure to the SEC about a books and records violation that leads to a successful enforcement action … Continued

If I report my company’s inflated key performance metrics, can I qualify for an SEC whistleblower reward?

SEC Whistleblower Rewards for Reporting Inflated Key Performance Metrics Yes, under the SEC Whistleblower Program a disclosure to the SEC about a company’s falsely inflated … Continued

Can I report a Ponzi scheme and receive an SEC whistleblower award?

Ponzi Schemes and SEC Whistleblower Awards Under the SEC Whistleblower Program, eligible whistleblowers may receive an award for providing the SEC with original information about any … Continued

Can I report financial fraud and receive an SEC whistleblower award?

Whistleblower Awards for Reporting Financial Fraud Yes. Under the SEC Whistleblower Program, eligible whistleblowers may receive monetary awards when they voluntarily provide the SEC with … Continued

What is a whistleblower reward?

Whistleblower Rewards for Reporting Wrongdoing A whistleblower reward is a monetary incentive provided by the government to reward a whistleblower’s disclosure of original information … Continued

What “related actions” qualify for an SEC whistleblower award?

Awards for “Related Actions” under the SEC Whistleblower Program Under the SEC Whistleblower Program, the SEC is authorized to pay monetary awards in certain successful “related … Continued

Are attorney fees paid from an SEC or CFTC whistleblower award taxable?

Under 26 U.S. Code § 62(a)(21), as amended by the Bipartisan Budget Act of 2018, an SEC or CFTC whistleblower receiving an award from … Continued

Can an incomplete Section 303 MD&A disclosure give rise to Section 10(b) securities fraud liability?

Yes. “Item 303 provides a critical backstop to prevent unscrupulous issuers from exploiting the trust that reasonable investors place in submissions made in purported compliance … Continued

Does SOX authorize an award of punitive damages?

Does SOX authorize an award of punitive damages? The SOX whistleblower protection law does not authorize punitive damages, but it does authorize uncapped special damages, … Continued

Does SOX prohibit post-termination retaliation?

The ARB and some district judges have held that SOX prohibits post-employment retaliation. For example, in Kshetrapal v. Dish Network, LLC,[i] Mr. Kshetrapal, an associate director for Dish Network (“Dish”), disclosed that a marketing agency with which Dish had contracted was submitting fraudulent bills. When Mr. Kshetrapal disclosed the fraud, his supervisors initially ignored him. Mr. Kshetrapal continued to press the issue, and Dish conducted an investigation, which resulted in Dish firing Mr. Kshetrapal’s supervisor and terminating its contract with the marketing agency. One month after taking these corrective actions, Dish forced Mr. Kshetrapal to resign.

Does SOX prohibit employers from “outing” confidential whistleblowers?

Disclosing a whistleblower’s identity may constitute an adverse employment action. The U.S. Court of Appeals for the Fifth Circuit reached this conclusion in a SOX case brought by Anthony Menendez, a former director in Halliburton Inc.’s finance and accounting department.

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