Under the recently enacted Dodd-Frank legislation, certain incentives and protections are afforded to individuals who report to the SEC violations of the securities laws, such as accounting fraud, corporate fraud, insider trading, stock broker fraud, and other serious offenses. Specifically, the Dodd-Frank legislation provides that the SEC shall pay awards to eligible whistleblowers who voluntarily provide the SEC with original information that leads to a successful enforcement action yielding monetary sanctions of over $1 million. The amount awarded will range between 10 percent and 30 percent of the total monetary sanctions collected by the SEC. In addition, whistleblowers are protected by the Dodd-Frank legislation, which expressly prohibits retaliation by employers against whistleblowers and provides whistleblowers with a private cause of action in the event that they are discharged or discriminated against by their employers.
We have represented clients in various SEC whistleblower actions. Clients who choose the firm to represent them will receive expert guidance through the entire whistleblower process: the initial consultation with an experienced lawyer to discuss the client’s rights as a whistleblower and whether the client is entitled to receive an award from the SEC; the investigation of the whistleblower’s allegations; the presentation of the whistleblower’s claims to the SEC, including the completion of the necessary paperwork; attending any meetings with the SEC to discuss the whistleblower’s claims; protecting the whistleblower against retaliation during this process; and ensuring the whistleblower is entitled to a financial award from the SEC.
Because of our experience with the entire process, we will ensure that whistleblower claims are presented to the proper SEC office and personnel, so that claims receive priority attention and are handled expeditiously.