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Our whistleblower protection lawyers have been in the trenches representing US and international whistleblowers for over 30 years. In fact, the law firm represented whistleblowers before Congress enacted most of the modern whistleblower laws such as the False Claims Act, Whistleblower Protection Act, Dodd-Frank and Sarbanes-Oxley Acts.. Since 1988, Kohn, Kohn, …
Jan 04, 2016 · Described by the National Law Journal as a “leading whistleblower attorney,” founding Principal Jason Zuckerman has established precedent under a wide range of whistleblower protection laws and obtained substantial compensation for his clients and recoveries for the government in whistleblower rewards and whistleblower retaliation cases. …
But if the whistleblower wins the case, their attorney will generally obtain a contingency fee of between 30-40%. Additionally, many whistleblower laws have “statutory fee” provisions. Under these provisions, if the whistleblower wins, the company must pay all “reasonable” attorney fees incurred on behalf of the client.
A whistleblower attorney should also have a lengthy track record of successful reward recoveries for whistleblowers. Professional accolades and experience will not benefit your case if the attorney cannot produce results. A whistleblower attorney should have a history of successfully resolving cases and working closely with government agents ...
The Office of Special Counsel (OSC) is an independent federal agency charged with investigating and prosecuting violations of the Whistleblower Protection Act.
The mathematical average of the total recoveries (settlements and judgments) for this time period is approximately $3.3 million, with an average whistleblower award of $562,000.
Basic Steps of a Whistleblower Case Prepare and file the Complaint. Serve the Complaint and a Disclosure Statement with all the evidence on the government. Wait for the government to determine whether it will intervene in the case. If the government chooses to intervene, try to settle or win at trial.
Whistleblower LawsuitConfirm that there is an actual “false claim”Collect some evidence if possible.Hire an experienced whistleblower attorney.File a whistleblower complaint under seal.Offer to help the government with the investigation.Be patient with the process.Collect the largest possible reward.
The whistleblower may receive a reward of 10 percent to 30 percent of what the government recovers, if the SEC recovers more than $1 million. The SEC may increase the whistleblower award based on many factors, such as: How important the information that the whistleblower provided was to the enforcement action.
Whistleblower cases under the False Claims Act, known as “qui tam” cases, are lawsuits against companies that make specific claims of fraud and misconduct by those companies that have caused the government to lose money.
Unless the wrongdoing is exceptionally serious, if they have not already gone to their employer or a prescribed person, they must reasonably believe that their employer will subject them to “detriment” or conceal or destroy evidence if they do so. And even then, their choice to make the disclosure must be reasonable.
The California False Claims Act prohibits retaliation against whistleblowers who report attempts to defraud the State of California. Such whistleblowers also may get a reward of up to half the proceeds recovered.
As a whistleblower, you can file a lawsuit on behalf of the government, claiming damages for the government, even though you are not involved in the activity. You are also entitled to monetary compensation for reporting the illegal conduct, if the case is successful in court.
No. Under the laws of most states, it is illegal for an employer to retaliate against a whistleblower who has reported, or attempted to report, the illegal conduct of the employer.
To prove retaliation or whistleblowing, you must show that you were fired because of your complaint or report. Timing is crucial: The less time between your complaint and your employer's negative action against you, the stronger your claim is.
$200 millionUnder the CFTC's Whistleblower Program, whistleblowers “are eligible to receive between 10-30% of the monetary sanctions collected.” The Whistleblower Program was created as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, and since its first award in 2014, this $200 million award is the ...Oct 26, 2021
The SEC Whistleblower Reward Program provides whistleblowers a strong monetary incentive to report wrongdoing to the SEC. Since 2011, the SEC has i...
If represented by counsel, a whistleblower may submit a tip anonymously to the SEC. In certain circumstances, a whistleblower may remain anonymous,...
Whistleblowers are also afforded substantial protection against retaliation. Specifically, an employer may not “discharge, demote, suspend, threate...
According to the SEC Whistleblower Office’s 2017 Annual Report to Congress, the office received more than 4,400 tips in FY 2017. This is the most t...
1. What is the SEC Whistleblower Program? 2. What are the largest SEC whistleblower awards? 3. What violations qualify for an SEC whistleblower awa...
We have assembled a team of leading whistleblower lawyers to provide top-notch representation to SEC whistleblowers. Recently Washingtonian magazin...
The SEC Whistleblower Office provides an Annual Report to Congress on the SEC Whistleblower Program. See below for the annual reports: 1. 2017 Annu...
We have represented cybersecurity whistleblowers before the SEC and in retaliation matters. And we have written extensively about protections for c...
For more information about the SEC Whistleblower Program, see the following resources: 1. Tips for SEC Whistleblowers 2. Leading SEC Whistleblower...
According to the SEC Whistleblower Office’s 2020 Annual Report to Congress, the office received more than 6,900 tips in the fiscal year. This is the highest number of tips the office has received in one year. Most whistleblower tips related to corporate disclosures and financials (25%), offering fraud (16%) and market manipulation (14%). Other notable areas of tips included insider trading, trading and pricing schemes, foreign bribery and other FCPA violations, unregistered securities offerings and fraud in connection with initial coin offerings (ICOs) and cryptocurrencies. Since 2011, the SEC Whistleblower Office has received more than 40,200 tips that have enabled the SEC to recover more than $3.5 billion in monetary sanctions from wrongdoers.
In FY 2016, the SEC issued $57 million in awards to whistleblowers. In FY 2017, the SEC issued $50 million in awards to whistleblowers. In FY 2018, the SEC issued $168 million in awards to whistleblowers. In FY 2019, the SEC issued $60 million in awards to whistleblowers.
If represented by an attorney, a whistleblower may submit a tip anonymously to the SEC. In certain circumstances, a whistleblower may remain anonymous, even to the SEC, until an award determination. However, even at the time of a reward, a whistleblower’s identity is not made available to the public.
In the United States, many whistleblower lawyers work for a “contingency” fee. If the whistleblower loses his or her case, the whistleblower does not have to pay the attorney any money. But if the whistleblower wins the case, their attorney will generally obtain a contingency fee of between 30-40%.
Outside of the United States, most attorneys charge their clients fees. However, the United States has a different pay-model based on a contingency fee (see above). Thus, international whistleblowers who retain attorneys in the United States often do not have to pay any up-front attorney fees.
Under the virtually universally followed general rule, if a whistleblower loses their case, he/she does not have to pay the attorney fees incurred by opposing counsel. This general rule is especially true in whistleblower cases litigated within the U.S. Department of Labor.
The whistleblower lawyers of the law firm of Kohn, Kohn and Colapinto all have over 30 years’ experience representing whistleblowers. If KKC agrees to represent you, one of our founding partners will manage your case.
The law firm of Kohn, Kohn and Colapinto works, pro bono, with the non-profit National Whistleblower Legal Defense and Education Fund and the National Whistleblower Center. These organizations have networks of attorneys who are willing to review whistleblower cases.
Currently, our practice areas include the following: SEC whistleblower claims, IRS whistleblower claims, qui tam cases, False Claims Act cases, commodity fraud cases, tax frauds and underpayments cases, illegal foreign bank accounts, Foreign Corrupt Practices Act, foreign bribery, money laundering, bank secrecy and bank frauds, Medicare and Medicaid frauds, pharmaceutical misconduct or frauds, government contracting frauds, illegal use of federal or state monies, securities fraud and illegal imports into the United States (including illegal imports of plants, fish, endangered species and lumber)..
It is often difficult to find a whistleblower lawyer and obtain qualified counsel. Many whistleblowers still proceed pro se (i.e., represent themselves), often because they cannot afford or locate an attorney.
An experienced attorney can assist you in determining if you have a viable False Claims Act case. Your attorney can then help you collect the information and evidence you need to pursue a claim successfully.
A whistleblower is a courageous person who has come forward with information that exposes wrongdoing. Reporting fraud can be a stressful, complicated process. Those who blow the whistle are often risking their careers to do the right thing.
If you have a qui tam whistleblower case, your chances of success are greater if your attorney works with the government to pursue your case. Further, the government's participation is necessary for claims filed with the IRS, SEC and CFTC. Determine what the potential law firm did in past cases to encourage the government to investigate allegations, including the eventual result.
Attorneys can represent whistleblowers across the country. If a whistleblower attorney is considering taking on your case, he or she should offer to cover your travel costs for meeting with him or her. At Goldberg Kohn, we handle cases for clients throughout the nation , and we can help you with your case no matter where you are located.
There are many types of whistleblower rewards and retaliation laws that protect whistleblowers and incentivize whistleblowing. Many of these laws have complicated procedural requirements that warrant retaining an experienced whistleblower attorney to successfully navigate through the maze of federal and state whistleblower laws to achieve the best outcome.
He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.
A whistleblower can be anyone who comes forward with information on wrongdoing. However, it usually refers to someone who reports fraud against the government. Whistleblower cases involving federal healthcare programs and defense contracting are the most common. They also include fraud cases in the financial industry, especially IRS tax fraud.
Ensure you work directly with a law firm when searching for a whistleblower attorney. Many of the web sites for whistleblower cases are actually from referral services. These services collect information about your case and pass it along to a law firm in exchange for a fee.
Many types of whistleblower cases exist. Ensure you get an attorney with experience in your particular type of case. Assume for example that you’re filing a lawsuit involving Medicare fraud. You don’t want an attorney who has only tried cases involving defense contractor fraud.
The complexity of whistleblower cases also means they require resources. A single competent attorney can handle many types of legal matters. However, a whistleblower case routinely requires a team of attorneys. Only the first whistleblower to file gets to bring the case, so it usually takes many lawyers to file a case first.
A lawyer’s reputation is always a critical factor to consider. However, it’s particularly important with whistleblower cases. The length of these cases means you’ll be working closely with your attorney for an extended period. An attorney whose judgment you trust increases the probability of a favorable outcome.
Ensure you understand how a law firm does business before you retain its services. Whistleblower attorneys typically work on a contingency basis. This means you pay their fees from any money you receive from the case. You should look elsewhere if an attorney in a whistleblower case wants to bill you upfront or by the hour.
Getty Attorney Mark Zaid speaks about husband and wife restaurateur’s Khalid Pitts and Diane Gross’s unfair competition lawsuit, against President Donald Trump on March 9, 2017 in Washington, DC.
Mark Zaid is currently defending a CIA whistleblower but he also has prior experience going against the CIA. In 2000, Zaid represented Mohamed Al Fayed, who owned the Harrods Department Store in London, England at the time. His son, Dodi Al Fayed, had been dating Princess Diana in 1997.
1/Please remember #PanAm103 / #Lockerbie for 30th anniversary (Dec 21) by helping raise $30,000 for scholarships at @UofR. I was part of legal team that filed 1st lawsuit agnst #Libya in 1993 for murder of 270 innocent lives. We settled case in 2003. I created scholarship in 2005.
National Security Whistleblowers: To Be or Not To Be MEL Talks at Meliora Weekend 2014 — Saturday, October 18 in the Louis Alexander Palestra Featuring Mark Zaid '89, Managing Partner, Mark S. Zaid, P.C.