The best way to make your tip useful is to provide specific, timely, and credible information.
A recent decision in Erhart v. Bofi Holdings clarifies that whistleblowers can disclose to the SEC “appropriate” company documents that are “reasonably necessary” to disclose fraud. But the judge warned that wholesale stripping of confidential documents (“vast and indiscriminate”) may not immunize the whistleblower from potential liability.
A whistleblower should avoid disclosing to the SEC information protected by attorney-client privilege (e.g., documents, including emails, that reveal advice from inside or outside counsel).
Click below to hear SEC whistleblower lawyer Matt Stock’s tips for SEC whistleblowers:
To learn more about the SEC Whistleblower Program, download Zuckerman Law’s eBook: SEC Whistleblower Program: Tips from SEC Whistleblower Attorneys to Maximize an SEC Whistleblower Award:
SEC Whistleblower Process
Tips to Qualify for an SEC Whistleblower Awardwhistleblower_lawyers_012017_infographic
The SEC is looking for specific, credible and timely information about violations of federal securities laws. The more details of which the lawyer can provide the better. However, the SEC is not looking for all types of information. For example, the SEC does not want any documents that may violate the attorney client privilege.