Proper whistleblower protection often involves counseling the client on issues regarding non-disclosure agreements, confidentiality agreements, settlement offers, and waivers of the right to bring suit or releases of those same rights.
We work closely with employment counsel to make sure that our clients protect themselves and, if still employed by the company at issue, do not put themselves at risk through interactions with their employer.
Should media attention arise or there is a need for it to help our client’s case, we have significant experience in handling media relations and have available to us top-tier media consultants as well as carefully built professional relationships with media outlets across the country.
SEC Whistleblower Claims
Dodd-Frank Wall Street Reform and Consumer Protection Act
The Dodd-Frank Law includes whistleblower rewards of between 10% and 30% of the government’s recovery in at least three kinds of actions: violations of federal securities laws brought by the SEC and other regulatory and law enforcement organizations; violations of the Foreign Corrupt Practices Act which prohibits individuals and companies from paying bribes to foreign government officials; and violations of the Commodity Exchange Act.
IRS Whistleblower Claims
IRS Whistleblower Law
The IRS Whistleblower law allows whistleblowers who report tax code violations to recover from 15% to 30% of the government’s recovery based on the whistleblower’s disclosures. To be eligible for a whistleblower award, the whistleblower’s information must result in a recovery to the IRS of tax, penalties, and interest in dispute in an amount that exceeds $2,000,000.
Whistleblowers rewards may be available to whistleblowers who become relators under the federal False Claims Act (FCA). Often known as qui tam cases, the cases brought by these whistleblowers help the federal government recover money obtained through fraud.
Under the FCA, a whistleblower reward may be awarded based upon a share of the recovery as a reward for helping the government uncover fraud. Similar whistleblower reward provisions are available for SEC whistleblowers, IRS whistleblowers as well as for whistleblowers bringing foreign corrupt practices to the attention of the federal government under the FCPA.
FCA cases, SEC, IRS and FCPA cases require extensive interaction with government agencies and investigators and our experience as former prosecutors and advisors at the highest levels of the Justice Department give our clients unparalleled advantages and credibility when bringing qui tam/False Claims Act cases as well as SEC, IRS or FCPA whistleblower cases.