Whistleblower Rewards, Protections and Benefits
Under federal law, you are entitled to substantial rewards, benefits, and protections as a whistleblower.
The False Claims Act, which applies to the TARP program, and the Dodd-Frank Act, which applies to SEC and CFTC violations, permit a whistleblower to recover a percentage of any monies recovered from the defendant. In either case, the whistleblower is eligible for 10% to 30% of any recovery, plus attorney’s fees. In financial cases, this can result in substantial rewards for whistleblowers. For example, SEC violations often result in penalties of millions of dollars.
The Dodd-Frank Act requires the SEC and the CFTC to maintain the whistleblower’s confidentiality while the investigation is underway. This ensures that a whistleblower can reveal information anonymously, and maintain anonymity throughout the government investigation.
Protection from Retaliation:
The whistleblower may bring a case against his or her employer if it retaliates against the whistleblower for communicating with the SEC or participating in an investigation or proceeding. This includes job termination, demotion, direct or indirect threats, or any discrimination in the employer’s terms or condition. If found guilty of retaliation, the employer could be required to pay up to twice the amount of back pay, plus litigation costs.
Cooperation by the Government:
The whistleblower is not expected to fight alone. Under the Dodd-Frank Act, the whistleblower fights alongside the government, with the support and resources of the Department of Justice, the SEC, or the CFTC.
The firm of Berg & Androphy has extensive involvement in prosecuting complex fraud and securities cases. Our track record is a point of pride with us. We have represented individuals throughout the United States in qui tam cases against large multinational companies that have defrauded federal and state governments.
This website is designed to provide general information only. This information is not and should not be construed to be legal advice. The transmission of the information found on this website also does not result in the formation of a lawyer-client relationship.
You should be aware that qui tam claims are subject to a Statute of Limitations. The area of limitations periods is complex. There are also first to file rules, public disclosure bars, original source issues, and varying limitations in pursuing retaliation claims. If you wish to pursue your claims, you should promptly seek the opinion of an attorney regarding the merits of your qui tam claim and the applicable statute of limitations.