Whistleblower Adviser

The Dodd-Frank Wall Street Reform and Consumer Protection Act was passed by the US Congress and signed by President Obama earlier this summer and contains some very attractive incentives for securities fraud whistleblowers. Now, according to the US Securities and Exchange Commission (SEC), the Act is leading to an increase in tips, wrote the Wall Street Journal.

The law empowers the SEC and the Commodities Futures Trading Commission (CFTC) to award between 10 and 30 percent of any monetary sanctions that exceed $1 million to whistleblowers providing information leading to a successful enforcement. The hope is that, said the Journal, massive financial debacles, such as what was seen …

If you are thinking of coming forward and blowing the whistle on your employer or another company, please fill out the form on our free consultation page today! Our lawyers will evaluate your case confidentially and at no cost.
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If you know of wrongdoing on the part of a business or government organization and you want to reveal these acts, it is important to have an experienced whistleblower lawyer on your side to protect your rights. The whistleblower lawyers at our firm can make sure you are compensated for the risk you take. Please contact us by filling out our online form or by calling 1-800-LAW-INFO (1-800-529-4636).

Various states have enacted their own whistleblower laws. Most state statutes focus on protection against employer retaliation and provide a cause of action and remedies for whistleblowers who experience job-related retaliation as a consequence of their revelations. There are also important points of divergence within the anti-retaliation provisions, including the type of whistleblower protected, the subject of protected whistleblowing, the requirements for filing a grievance and appeal, and the remedies provided to the employee suffering retaliation. The complexity of state whistleblower laws make it even more crucial that individuals retain the help of an experienced whistleblower lawyer when they reveal illegal acts committed by businesses or government agencies.

Over the years, the US Congress and various state legislatures have drafted legislation to protect whistleblowers against retaliation. Most people are not familiar with the specifics of whistleblower protection laws, and it is not unusual for businesses and government agencies to ignore these protections in dealing with whistleblowers. That is why people with knowledge of illegal acts should speak with an experienced whistleblower lawyer before they go public with allegations of illegal acts if at all possible.

In 1986, Congress added whistleblower protections to the False Claims Act. The protection afforded by the False Claims Act extends to whistleblowers whose allegations could legitimately support a False Claims Act case even if the case is never filed. Under the False Claim Act, a whistleblower is entitled to reinstatement with seniority, double back pay, interest, special damages sustained as a result of discriminatory …

Each year, hundreds of whistleblower lawsuits are filed and many are settled for millions of dollars. Whistleblower cases are designed to hold public entities accountable while protecting and compensating the victim(s) and/or the whistleblower. The federal Fair Claims Act allows private citizens to sue on behalf of the government and get a portion of awards in cases where firms defraud the government. Typically, the whistleblower receives a percentage of the lawsuit settlement …

A significant component to the newly enacted Food Safety and Modernization Act provides protection for workers who blow the whistle on companies that violate food safety standards. However, officials are concerned that workers with information that help prevent foodborne illness are not aware of the corporate whistleblower protection provision.

NewsInferno.com reports that under the newly enforced provision that encourage whistleblowers to step forward with information about food safety violations, food industry workers employed by Food & Drug Administration (FDA)-regulated companies are protected against employer retaliation when stepping forward to expose company fraud. Workers are protected from being fired, demoted, unfair treatment and denied promotions if they decide to speak against employer violations.

The food safety law, signed by President Barack Obama, is geared to allow the FDA to implement recalls and hopes to ease the process of how contaminated food is traced back to its starting point. Food must pass a government approved spot check, but if the system fails to recognize a violation, officials hope workers will step forward if they realize that the food they are working with is a threat to public health.

Much is happening to increase worker awareness. At a recent conference in Washington, Kenneth Kendrick, former plant manager and whistleblower, spoke about the awful conditions at the Peanut Corporation of America (PCA) plant in Texas. At the time, Kendrick sent anonymous emails about rat infestations and bird droppings that contaminated PCA products. It wasn’t until he was employed at another FDA-regulated company that he publicly disclosed the information which resulted in job termination and long-term inability to find another position.

In the end, PCA was held accountable for the 2008-2009 Salmonella Outbreak that sickened hundreds, killed nine, and stemmed in thousands of recalls.

If you know of wrongdoing on the part of a business or government organization and you want to reveal these acts, it is important to have an experienced whistleblower lawyer on your side to protect your rights. The whistleblower lawyers at our firm can make sure you are compensated for the risk you take. Please contact us by filling out our online form or by calling 1-800-LAW-INFO (1-800-529-4636).

Whistleblowers are key components of our society and in recent years the role of the whistleblower has begun to play an increasingly more important role in the corporate world due to the improvements in U.S whistleblower protection law and organizations that provide corporate whistleblower protection. Nowadays there are numerous forms of corporate whistleblower protection and opportunities for individuals to discuss the consequences of whistleblowing with experienced attorneys at a whistleblower law firm.

Whistleblower Protection

Before improvements were made to whistleblower protection law there were no set whistleblower statutes so individuals who wanted to blow the whistle would have to face the unfavourable consequences of whistleblowing, which usually included loss of job and in many cases discrimination.

In order to protect whistleblowers and encourage more individuals to disclose information of wrongdoing or illegal activity in the workplace the U.S government introduced the Whistleblowers Protection Act which protects the whistleblower in a number of areas. This act particularly protects whistleblowers from retaliation as there is a whistleblower protection law that states that assistance will be provided to any whistleblower that cannot defend his or herself.

Corporate Whistleblower Protection

The Sarbanes-Oxley Act of 2002 deals with corporate governance and provides significant corporate whistleblowing protection. This act contains diverse civil, criminal and administrative provisions which contribute towards making this statute an extremely important whistleblower protection law. Unlike other whistleblowers laws the Sarbanne Oxley Act provides provisions that are not limited to providing a remedy for wrongfully discharged employees. This act contains another four provisions designed to provide corporate whistleblower protection. These provisions include audit committees, new ethical standards for attorneys who practice before the SEC, amendments to the federal obstruction of justice statute and also grants jurisdiction to the SEC to enforce all aspects of the act; including various whistleblower provisions. These provisions make the Sarbanne Oxley Act a unique federal framework which enforces comprehensive corporate whistleblower protection.

Whistleblower protection laws are an important part of today’s society as they allow individuals to do the right thing without having to fear the consequences of whistleblowing. If you know someone that is involved in corporate fraud or wrongdoing in the workplace but are unsure about blowing the whistle, then an experienced attorney at our personal injury law firm can offer their legal help. Please fill out an online form and find out more about the consequences of filing suit, your legal rights and corporate whistleblower protection.

Whistleblowers have become increasingly more recognized in the public eye since the 1960s and particularly after Time Magazine named 2002 ‘The Year of the Whistleblower.’ However the whistleblower definition remains the same: a whistle blower is an individual, usually an employee; that discloses information to the public or the authorities about mismanagement, corruption, illegal activity, fraud or any other wrongdoing in the workplace.

Blowing the Whistle

Blowing the whistle can often be one of the most difficult decisions a person may be faced with.  However a number of federal whistleblower statutes and state statutes and regulations have been enacted to protect whistleblowers from retaliation. Federal whistleblower statutes protect employees who file a whistleblower suit from discharge and discrimination. Furthermore the federal False Claims Act incentivises whistleblowing by offering a financial reward of up to 30% of the recovered damages to anyone who files a lawsuit against a company committing fraud against the U.S government.

Federal Whistleblower Statute

The majority of states have enacted a federal whistleblower statute however these statutes vary widely as some only apply to public employees, whilst some apply to public and private employees and others apply to public employees and employees of public contractors. Therefore it is essential that potential whistleblowers are familiar with the federal whistleblower statute and whistleblower policies that apply to them before filing suit. Under a typical U.S federal whistleblower statute, in order to meet the terms of the whistleblower definition, the individual must have reason to believe that his or her employer has violated a law, rule or regulation and must then testify or commence a legal proceeding.

In order to ensure that the individual is familiar with legal procedure, the whistleblower definition and whistleblower policies it is highly recommended that any individuals who wish to disclose wrongdoing speak first with an experienced attorney.

If you know of an employer or a company that is engaged in illegal activity or wrongdoing but you are unsure about whether to blow the whistle, and see that they are held accountable for their actions, attorneys our experienced personal injury law firm can offer their legal help. Please fill out an online form and learn more about your legal rights, whistleblower policies and the consequences of filing suit.

If you become aware of a company cheat or have evidence of a company cheating the government then it becomes your responsibility to blow the whistle on the fraudulent scheme. Whistleblowers that report government fraud or provide evidence of a company cheat will be entitled to receive a reward of up to 30% of the total amount recovered by the government. There are endless opportunities for companies with government contracts to commit fraud so it is important that there are appropriate methods to curtail fraudulent activity whilst offering whistleblowers with essential informant protection.

Reporting Government Fraud

The role of the whistleblower is to come forward with any inside information regarding fraud. The False Claims Act is specifically designed to allow and encourage individuals who are not affiliated with the government to blow the whistle on companies and report government fraud whilst receiving informant protection and an incentivising financial reward should their case be successful.

Whistleblower Protection

Blowing the whistle on a company can be an extremely stressful and long process therefore the U.S have implemented a number of laws that protect whistleblowers. Whistleblowers can also benefit from the National Whistleblower Center. The National Whistleblower Center is a non profit, non partisan, advocacy organization which is dedicated to protecting the rights of individuals who speak out about any wrongdoing or criminal activity in the workplace without fear of retaliation. The National Whistleblower Center has provided U.S citizens with support in court and before congress and also sponsors educational and assistance programs that are designed to help whistleblowers come forward and report government fraud. The Whistleblower Center also has an online resource which provides potential whistleblowers with important information on the Whistleblower Act and informant protection details.

If you have become aware of a company that is cheating the government but are unsure about whether to blow the whistle, and see that they are held accountable for their actions, an experienced whistleblower attorney at our personal injury law firm can offer their legal help. Please fill out an online form and learn more about your legal rights, informant protection and the consequences of filing suit.

Famous whistleblowers in recent years have been instrumental in shaping more stringent U.S financial regulations. Incentivising schemes have also been introduced by the U.S government to encourage more individuals to blow the whistle by offering financial rewards and improving the laws protecting whistleblowers from retaliation. Famous whistleblowers have gained global recognition and not only raised awareness of the importance of the individual whistleblower but have successfully implemented the False Claims Act, designed to allow people who are not affiliated with the government to file suit against a federal contractor who is defrauding the government .

Famous Whistleblowers

Time Magazine honored famous whistleblowers, Cynthia Cooper of Worldcom, Sherron Watkins of Enron and Colleen Rowley of the FBI in their 2002 Person’s of the year award. This national recognition not only raised public awareness and encouraged individuals to act accordingly it also instigated rigorous amendments to the U.S Whistleblowers Act which introduced more effective laws protecting whistleblowers.

Laws Protecting Whistleblowers

There are over 30 federal laws protecting whistleblowers from employer retaliation. Amongst the laws protecting whistleblowers is the Sarbanes Oxley Act which was introduced in the aftermath of huge financial scandals surrounding global entities WorldCom and Enron.  Cynthia Cooper, whistleblower and former employee of WorldCom is the perfect example of one of the many famous whistleblowers that can be learnt from. Cooper discovered that the Clinton, Mississippi based company had been classifying operating costs as capital expenditures in order to inflate profits. Cooper’s response was to attend the auditing committee of WorldCom’s board in June 2002 and draw attention to the fact that the company had been using suspect accounting practices and within days the board fired WorldCom’s chief financial officer, Scott Sullivan. WorldCom later disclosed that it inflated profits for over a year by the improper accounting of more than $3.9 billion by transferring routine expenses to capital expenditures in order to create the appearance of larger earnings. In 2005 Bernard Ebbers, WorldCom’s CEO was found guilty by a federal jury of fraud, conspiracy, and filing false documents with regulators and sentenced to 85 years in prison.

Cynthia Cooper, whistleblower and former WorldCom employee went on to form Cynthia Cooper consulting and now offers advice on corporate ethics to corporations, universities and business schools throughout North America.

There is a great deal to be learnt from famous whistleblowers so if you are considering blowing the whistle on an employer or company then you should contact an experienced whistleblower attorney at our personal injury law firm who will evaluate your claim and protect you from retaliation. Please fill out an online form and learn more about your legal rights and the consequences of filing suit.

Whistleblowers play a significant role in exposing corporate corruption and fraud. In many cases, it is not uncommon for whistleblowers to experience discrimination and/or harsh mistreatment from other employees as retribution for exposing the employers’ wrongdoing. Current U.S. law states that whistleblowers are protected against employer retaliation, but adequate protection is not always provided.