Getting The Protection You Need When Pursuing Whistleblower Claims
Whistleblowers play a vital role in holding companies accountable for their wrongdoings. They may expose all kinds of illegal activity, including fraud and violations of securities, tax or environmental laws. If you are thinking about blowing the whistle on your employer, you may be concerned about the impact on your job. It is wise to consult an experienced Manhattan whistleblower lawyer.
I am Peter Katz, and I am an experienced and skillful attorney who counsels and represents whistleblowers in qui tam cases and other actions based on federal and state laws. I offer a free confidential consultation to people considering blowing the whistle on wrongdoers. Call the Law Offices of Peter Katz at 609-900-2648 to schedule a confidential meeting with me.
What Are Whistleblower Claims?
Employees are often in a position to know that their employers are engaging in misconduct. For example, a whistleblower may reveal that defective equipment was sold to the military. There are laws in place to protect whistleblowers and provide incentives for them to come forward. Federal and state laws incentivize whistleblowing and protect whistleblowers from employer retaliation.
Some of the federal laws that protect whistleblowers include:
- The federal False Claims Act
- The Dodd-Frank Act
- The Sarbanes-Oxley (SOX) Act
Other whistleblower programs have been set up by the IRS and the Commodity Futures Trading Commission (CFTC). In order to qualify for protection against retaliation under a whistleblower law, the whistleblower needs to have a good faith belief that their employer is violating the law. Even if the claim proves to be wrong, there is protection against retaliatory conduct by the employer, such as firing, harassment or demotion.
False Claims Act
Generally, the government does not have enough information or resources to go after everyone that submits a false or fraudulent claim to the government. The federal False Claims Act was passed to combat fraud against the federal government. The law allows whistleblowers to bring qui tam lawsuits on behalf of the government against someone submitting false claims to the government. A whistleblower attorney in Manhattan or the surrounding areas can guide you through a qui tam action. The government is given an opportunity to intervene. When a qui tam lawsuit is successful, the whistleblower can receive a percentage of the recovery as a reward. In addition to the federal False Claims Act, versions of this law have been enacted by states such as New York and New Jersey to cover fraud against state and local governments as well.
The Internal Revenue Service (IRS) has an office to oversee its whistleblower program. The program allows whistleblowers to help the IRS detect noncompliance with tax laws. In exchange for helping the IRS, they can receive monetary awards. In order to qualify for the Section 7623(b) award program, the whistleblower’s information needs to be signed and submitted under penalty of perjury; related to an action in which there is a dispute involving more than $2 million; and connected to a taxpayer whose gross income is more than $200,000 for at least one tax year that is in question.
If the information provided by the whistleblower meets these conditions and substantially contributes to a judicial or administrative action that results in collecting tax, penalties, interest or added sums, the IRS can pay an award of 15% to 30% of the proceeds obtained from the judicial or administrative action. As an established Manhattan whistleblower attorney who serves clients in New York and New Jersey, I can help you establish your eligibility for an award. As a former prosecutor and a defense attorney with nearly 30 years of experience, my understanding of white collar law is virtually comprehensive. Read more about the people I have helped and their case outcomes.
SEC Whistleblower Laws
The SEC whistleblower program offers monetary incentives for people to come forward to report possible violations of federal securities laws. The program includes the following:
- The incentive is an award of 10% to 30% of the monetary sanctions obtained in an action brought by the SEC.
- In order to obtain an award, a whistleblower needs to voluntarily provide the SEC with original information about a possible violation of federal securities laws, and the information given needs to lead to a successful SEC action that results in monetary sanctions of more than $1 million.
- Misconduct that could form the basis of a possible violation reported by a whistleblower could include insider trading, misappropriation of securities, price manipulation, fraudulent or unregistered securities offerings, and false or misleading statements about a company.
As with other whistleblower programs, employers are not permitted to retaliate against employees who provide information about possible securities violations in good faith.
CFTC Whistleblower Program
The United States CFTC Whistleblower Program was created by the Dodd-Frank Act. It gives monetary incentives to people who voluntarily provide the CFTC with original information about possible violations of the Commodity Exchange Act. Like other whistleblower laws, it has anti-retaliation provisions. The program is administered by the CFTC Whistleblower Office. For a successful, eligible enforcement action, the total award will fall somewhere between 10% and 30% of the amount of the monetary sanctions collected. Even if there are several whistleblowers, the total award will be restricted to this amount.
Hire A Resourceful Whistleblower Lawyer In Manhattan Or The Surrounding Areas
As a client of the Law Offices of Peter Katz, you will be treated as my most important client. I am committed to securing a strong outcome for each client. I represent people in New York City and in many areas of New Jersey. If you are considering blowing the whistle on your employer or on another individual or entity, call me for a free consultation at 609-900-2648 or contact me via this website’s online form.