SEC Whistleblower Case Study

People who are considering reporting their employer for securities violations under the SEC Whistleblower Program know reporting the possible violations is the right thing to do, yet they still hesitate. It 's difficult to turn in co-workers or supervisors who may also be friends. It 's even more difficult to utilize a company 's own internal reporting system, however, the SEC suggests that people do, unless they have a very good reason not to, such as a fear of retaliation. Employees who utilize their company 's internal reporting system have 120 days to report the information to the SEC: otherwise, it 's not original information.

Employees also hesitate to inform the SEC of possible violations because they initially condoned the act and they fear the SEC will say that they participated in the fraud. In cases like this, individuals should consult an attorney familiar with the SEC Whistleblower Program before submitting the tip.

The only way whistleblowers can anonymously report a possible securities violation under the Whistleblower Program is if an attorney represents them. The attorney becomes an intermediary between the SEC and his or client. An attorney that bills him or herself as an SEC whistleblower advocate will try to clients the largest possible monetary reward from the SEC. The whistleblower 's identity may come out in court;

The Dodd Frank Act 's whistleblower provision is complicated, even with regards to eligibility. Consulting with an SEC Whistleblower Attorney has many advantages in addition to anonymity. An attorney can help a person determine if he or she is eligible for a reward and explain employment protections offered to whistleblowers. In many case, the whistleblower is a bookkeeper, outside auditors or mid-level manager, not an attorney, who might understand the details of the SEC Whistleblower Program. An experienced attorney will help a client maximize their reward by helping their client follow the SEC reporting instructions