who is whistleblowers lawyer

by Trey Mueller 9 min read

The best lawyers for whistleblowers are professionals who have extensive relevant experience. As a starting point, your lawyer will help you understand if you have a viable case. From there, your lawyer can help you gather the evidence and information needed to pursue a claim. Notably, not all whistleblower claims are the same.

Full Answer

How to choose the best whistleblower lawyer?

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. …

What will a whistleblower attorney do?

An attorney at a whistleblower law firm is specifically trained to handle an array of whistleblower legal issues, which may include state false claims act lawsuits and federal qui tam cases. A whistleblower attorney will be able to identify what law or laws your issue falls under, and what type of evidence or information will be required for your case.

Do I need a whistleblower attorney?

Parker Waichman’s whistleblower attorneys are well-versed in the federal and state laws that protect whistleblowers and punish companies that take revenge against an …

What is the role of the whistleblower lawyer?

The Kohn, Kohn & Colapinto whistleblower lawyers are at the forefront of fighting for monetary rewards for whistleblowers. In addition to winning the largest award ever granted to an individual whistleblower in U.S. history, the partners have advocated for the expansion of whistleblower rewards as the cornerstone for effective whistleblower protection.

image

Who is known as whistleblower?

A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent.

Who can whistle blower?

Description: A whistleblower is a person who comes forward and shares his/her knowledge on any wrongdoing which he/she thinks is happening in the whole organisation or in a specific department. A whistleblower could be an employee, contractor, or a supplier who becomes aware of any illegal activities.

What is a whistleblower in legal terms?

An employee who alleges wrongdoing by his or her employer of the sort that violates public law or tends to injure a considerable number of people. The employer can be public or private. Whistleblowers often relay information to law enforcement and other government agencies. See Whistleblower act.

What is a whistle blower lawsuit?

A qui tam lawsuit is a lawsuit brought by a whistleblower to enforce the federal False Claims Act or analogous state statutes, laws that impose civil liability on persons or companies who knowingly make or cause others to make false claims for the payment of government funds.

Do whistleblowers get paid?

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.

What are the different types of whistleblowing?

Types of whistleblowing
  • Internal whistleblowing. ...
  • External whistleblowing. ...
  • Personal honor. ...
  • Empower other honest people. ...
  • Exposes malpractice. ...
  • Is offered protection. ...
  • Financial reward. ...
  • Your bond with like-minded people will strengthen.
•
Jan 30, 2020

What is an example of whistleblowing?

If an employee report wrongdoing that they believe is in the public interest, it is known as whistleblowing. Whistleblowing examples can include criminal activity, such as theft or unethical or unjust behaviour in the workplace, including racist, sexist or homophobic behaviour.

What is the purpose of whistleblowing?

The purpose of whistleblowing is to eradicate unethical behaviour in the workplace. A key component to workplace ethics and behavior is integrity, or being honest and doing the right thing at all times.Apr 23, 2015

What is meant by whistleblowing?

Whistleblowing is the term used when a worker passes on information concerning wrongdoing. In this guidance, we call that “making a disclosure” or “blowing the whistle”. The wrongdoing will typically (although not necessarily) be something they have witnessed at work.

How do you win a whistleblower case?

Whistleblower Lawsuit
  1. Confirm that there is an actual “false claim”
  2. Collect some evidence if possible.
  3. Hire an experienced whistleblower attorney.
  4. File a whistleblower complaint under seal.
  5. Offer to help the government with the investigation.
  6. Be patient with the process.
  7. Collect the largest possible reward.

How much is a whistleblower case worth?

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.

How successful are whistleblower cases?

In 2020, the SEC received almost 7,000 whistleblower tips—a 31% increase from just two years prior, and a more than two-fold increase since the program's inception. Stemming from whistleblower lawsuits, the SEC has awarded almost $700 million to over 100 individuals since issuing its first award in 2012.Mar 1, 2021

SEC Whistleblower Reward Program

The SEC Whistleblower Reward Program provides whistleblowers a strong monetary incentive to report wrongdoing to the SEC. Since 2011, the SEC has i...

Anonymous Tips With SEC Whistleblower Lawyers

If represented by counsel, a whistleblower may submit a tip anonymously to the SEC. In certain circumstances, a whistleblower may remain anonymous,...

Protection Against Whistleblower Retaliation

Whistleblowers are also afforded substantial protection against retaliation. Specifically, an employer may not “discharge, demote, suspend, threate...

SEC Whistleblower Office: FY 2017 The Best to Date

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...

SEC Whistleblower Lawyers: Top FAQs

1. What is the SEC Whistleblower Program? 2. What are the largest SEC whistleblower awards? 3. What violations qualify for an SEC whistleblower awa...

Top-Rated SEC Whistleblower Lawyers

We have assembled a team of leading whistleblower lawyers to provide top-notch representation to SEC whistleblowers. Recently Washingtonian magazin...

SEC Whistleblower Office Annual Reports

The SEC Whistleblower Office provides an Annual Report to Congress on the SEC Whistleblower Program. See below for the annual reports: 1. 2017 Annu...

Cybersecurity Whistleblowing

We have represented cybersecurity whistleblowers before the SEC and in retaliation matters. And we have written extensively about protections for c...

Resources For SEC Whistleblowers

For more information about the SEC Whistleblower Program, see the following resources: 1. Tips for SEC Whistleblowers 2. Leading SEC Whistleblower...

Can a whistleblower be anonymous?

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.

Can a whistleblower's identity be revealed to the public?

However, even at the time of a reward, a whistleblower’s identity is not made available to the public. An experienced SEC whistleblower lawyer will be able to skillfully guide a whistleblower through the process, maximizing the likelihood that the whistleblower’s identity is not revealed to unauthorized parties.

How many whistleblower tips have been received in 2020?

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.

How much is the whistleblower award 2020?

On October 22, 2020, the SEC issued the largest whistleblower award in the program’s history of $114 million. In addition, according to the SEC’s 2020 Agency Report, the SEC recognized a $255 million contingent liability for potential whistleblower awards to be paid in FY 2021.

How much did the SEC award to whistleblowers in 2015?

In FY 2016, the SEC issued $57 million in awards to whistleblowers.

What Does a Whistleblower Attorney Do?

Whistleblower law is a complex area of law. Cases that are brought under whistleblower statutes require extensive knowledge of whistleblower regulations, the various procedures which are associated with separate types of whistleblower issues, and the rights and protections which whistleblowers have based on the facts of their specific case.

Can a Person Be Retaliated Against for Being a Whistleblower?

As previously discussed, an employer that retaliates against an employee for being a whistleblower may be subject to an administrative investigation and possible a retaliation lawsuit. If an administrative investigation produces unsatisfactory results, the whistleblower will then be able to sue their employer.

How Can a Whistleblower Lawyer Protect My Anonymity and Rights?

It can be very difficult for a plaintiff to prevail in their whistleblower lawsuit. This is because a plaintiff will be required to submit actual proof that they were wrongfully terminated.

Can an employer demote a whistleblower?

These actions are illegal, and the law provides for significant protections against those who engage in such behavior. This means that an employer cannot demote, fire, threaten, suspend, harass, or engage in discriminatory behavior towards a whistleblower . If a whistleblower experiences retaliatory behavior, he or she can file a lawsuit to be reinstated to his or her position as well as receive damages such as back pay and other damages.

What is the IRS whistleblower program?

The Tax Relief and Health Care Act of 2006 created the IRS Tax Whistleblower Reward Program (the “Program”) and the IRS Whistleblower Office, the function of which is to work directly with eligible whistleblowers and to provide them with a portion of the government’s recovery in a given case. While the IRS had a similar program in place before 2006, it was not effective as a whole and did not allow for whistleblowers to receive a percentage of the government’s reward.

When did the SEC vote to amend the whistleblower rules?

On September 23, 2020 , the SEC voted to amend the applicable whistleblower rules in order to increase the transparency and efficiency of the program and to provide greater clarify to whistleblowers. Click here to learn more about the recent amendments.

Does the IRS have a whistleblower office?

As noted above, the IRS has created an office that exclusively handles whistleblower claims. The whistleblower office has certain guidelines and recommendations that a whistleblower must adhere to. An IRS whistleblower must submit their documentation evincing wrongdoing to the office through the use of an IRS Form 211. As such, the process differs from a federal lawsuit, and the whistleblower need not file a complaint in court.

What is a whistleblower reward?

Individuals who provide credible information on a voluntary basis ( i.e., derived from independent knowledge or analysis) to the CFTC regarding violations of the Commodity Exchange Act (CEA) quality to receive CFTC rewards. To be eligible for a reward, over $1 million in monetary sanctions must be obtained by the CFTC due to the information provided by the whistleblower that enhanced or prompted an action for enforcement.

What is the False Claims Act?

§3729, et seq .) outlines a very in-depth process for the filing and pursuit of fraud committed against the federal government. The complaint in what is known as a whistleblower action sealed with copies that are sent to the United States Department of Justice (DOJ) as well as the local United States Attorney and the District Court judge that is assigned to the case. Once the complaint is filed, the government will muster all of its resources to conduct an investigation of the allegations raised therein.

What is the role of whistleblowers?

Whistleblowers perform a vital public service by having the courage to report fraud and misconduct. Whistleblowers assume a considerable risk and need aggressive and highly skilled whistleblower lawyers. As some of the most experienced whistleblower lawyers in the world, Kohn, Kohn & Colapinto works to ensure whistleblowers obtain all ...

Who is Bradley Birkenfeld?

Bradley Birkenfeld, Former UBS Employee, Recipient of the Largest Whistleblower Reward ($104M) in History. “In my world, courage is spelled “KKC”. They go up against the most powerful adversaries and win.”. Frederic Whitehurst, Former Supervisory Special Agent, FBI.

Can whistleblowers be retaliated against?

However, this is often not the case. Many whistleblowers experience retaliation from their employer for engaging in a protected activity , which is prohibited by federal and state laws .

Is client intake form covered by attorney client?

All information submitted in the client intake form or in email from anyone seeking legal help is considered covered under the attorney client and work product privileges to the fullest extent of the law.

What is retaliation against an employee?

An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation can have a negative impact on overall employee morale.

Who is William Sanjour?

Our firm is dedicated to federal whistleblower protection. William Sanjour worked for the Environmental Protection Agency (EPA) for more than 25 years. Represented by Kohn, Kohn & Colapinto in Sanjour v. EPA, he challenged rules restricting EPA workers right to speak to environmental community groups.

What happens if the whistleblower prevails?

If the whistleblower prevails, an important precedent is often set that furthers the cause of whistleblowing. The law firms donate a percentage of the attorney fees earned from the case to the National Whistleblower Center to advance its mission of whistleblower protection. Although it is not a law firm and does not provide legal services, ...

How does NWC help whistleblowers?

NWC helps whistleblowers exercise their rights in the following ways: educating and training potential whistleblowers through workshops, reports and regular postings to our website, blog, and social media channels; assisting them in finding a whistleblower attorney; and. supporting high-impact whistleblower litigation.

What is the purpose of a whistleblower's intake form?

Whistleblowers can fill out a secure intake form that allows whistleblowers to submit basic information about their cases on a confidential basis. The intake form, and all communication with the Fund, are protected under the attorney-client privilege.

Does NWC provide legal services?

Although it is not a law firm and does not provide legal services, NWC supports high-impact whistleblower cases with communications and policy work. The National Whistleblower Legal Defense and Education Fund serves as the NWC’s attorney in these cases.

Do law firms charge contingency fees?

The law firms typically offer their services to whistleblowers with no upfront payment of fees or expenses, and charge contingency fees that are significantly below the market rate ( Contingency fees are fees charged only if the whistleblower secures a financial reward); and.

Becoming a Whistleblower

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.

Referral Services

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.

Experience Relative to Your Case

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.

Ample Resources

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.

The Importance of Reputation as You Hire a Lawyer for Whistleblowers

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.

Understanding Associated Fees

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.

Who was the whistleblower in the DC case?

Phillips & Cohen pursued a whistleblower case under the Washington, DC, False Claims Act against Chartwells, a city contractor that supplied and managed the meal programs of DC Public Schools. Chartwells paid $19.4 million to settle charges involving problems with food quality and delivery and millions of dollars in overpayments.

Who represented Jeffrey Mills in the Chartwells case?

The Chartwells case was featured in the CBS series “Whistleblower,” spotlighting our whistleblower client, Jeffrey Mills, and the work done by Phillips & Cohen partner Colette G. Matzzie, who represented Mr. Mills in the case.

What is the DC False Claims Act?

The DC False Claims Act is an effective law that protects and rewards whistleblowers who provide information and assistance about fraud that is costing DC taxpayers money. Phillips & Cohen pursued a whistleblower case under the Washington, DC, False Claims Act against Chartwells, ...

image