Morgan & Morgan
It is clear that the Dodd Frank Whistleblower Law was designed to include current and former employees of corporations that engaged in securities fraud. Whistleblowers are often times employees of the corporation that is committing the securities fraud. It just makes sense. Employee whistleblowers interact on a day to day with other employees and are privy to corporate-centric information, which often times is unavailable to third parties.
Whistleblowers by definition have confidential or insider information about the inner workings of a corporation and most of the time this knowledge resides with employees. This section of the web site is designed to offer information to employee whistleblowers.
Often times employees are privy to inside information that may constitute securities fraud and make that employee a valid and important SEC whistleblower, but that employee may feel his job title is not important enough within the corporation so the SEC will not take his whistleblower claim seriously. Not true. In fact, the SEC Whistleblower Law is designed specifically for you. It offers a whistleblower anonymity and an experienced whistleblower attorney can tell you that often times it is those employees around the peripherally of fraudulent conduct that can offer the best most original information about the securities fraud.
“I will lose my job if I blow the whistle on conduct I feel constitutes securities fraud."
First, as a practical matter, by working with an experienced whistleblower lawyer, you have complete anonymity until a cash reward is given to you. Second, the SEC Whistleblower Law specifically addresses this concern by creating strong remedies for any retaliation against you. The SEC Whistleblower Law gives you a private right of action to sue for retaliation in federal court, where a whistleblower can receive double the amount of back salary, attorney’s fees and other costs. A wrongly terminated whistleblower must also be reinstated. Employers may not fire, demote, suspend, threaten, harass, or discriminate against a whistleblower, period.
Learn more about the Employee and Insider Whistleblower Protection offered by the SEC Whistleblower Law.
The SEC Whistleblower Law recognizes that employees with the most detailed knowledge of a securities fraud often times are those persons that participate directly in that fraud. These fraud participants can be SEC whistleblowers as long as the fraud participants are not convicted of criminal conduct relating to the fraud. An experienced whistleblower attorney can best advise a whistleblower of all the potential ramifications of his involvement in a securities fraud scheme and can at times and where warranted represent the fraud participant whistleblower before the SEC.
Employees knowledgeable about securities fraud violations at times disclose such facts to spouses or ex-spouses. These spouses or ex-spouses can be SEC whistleblowers under the new SEC Whistleblower Law.