A Review Of The Provisions Catered For By The SEC Whistleblower Program

The SEC Whistleblower Program was introduced as an amendment to the Dodd-Frank Consumer Protection Act, which seeks to protect consumers against violations by companies and businesses. With the program, it has become easier to locate factual information about the violations perpetrated by companies and individuals, simply because more and stringent security measures have been introduced.

Before the 2010 amendment to the Consumer Protection Act, whistleblowers were not able to report violations for fear of victimization, or the reporting capabilities available then were not adequate. These are some of the things that inspired the introduction of the SEC Whistleblower program, which has since streamlined the business world by eliminating securities violations.

Global reach
Among concerns raised during the draft of the amendment is the fact securities fraud is an issue that cannot be confined to one demographic, so it was necessary to come up with laws that would allow for international reach. The SEC Whistleblower Program allows for international reporting, so it does not necessarily matter whether you are located within the U.S. or not. In fact, since 2010, many reports that were submitted to the SEC came from other jurisdictions.

The Annual SEC Report cited that 10.8 percent of the reports received were from jurisdictions outside the U.S. Some of the countries where this information came from include China, Venezuela, India, Italy, Canada, South Africa, Norway, Israel and Spain to name a few.

Sanctions to perpetrators and awards to whistleblowers
Punitive measures have also been heightened to ensure those caught violating securities laws are made to understand the message the government is trying to share. In this regard, the SEC Whistleblower Program has outlined laws that spell out how those who violate the laws are sanctioned and the amounts they are supposed to pay.

Additionally, whistleblowers will receive a package and honor for playing their part in curbing securities violations. This package will include a share of the total sanctions collected calculated as a percentage depending on the severity of the case and other factors. Whistleblowers receive as much as 30 percent compensation and in other cases where the issue reported is too technical there is a special package that includes the payment of between $4 and $5 million.

Law firms like Labaton Sucharow have also joined in this race to ensure whistleblowers are advised about the position of the law before reporting. This allows them to engage in honest reporting to ensure no party is implicated wrongly. Learn more about the SEC Whistleblower lawyers

An In-Depth Analysis of Labaton Sucharow’s Whistleblower Protection Program

Since the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, sweeping changes have been made to the American financial services industry. This act provided for the establishment of a whistleblower program. The program provides notable financial incentives and employee protection to individuals who disclose financial violations. Such disclosures are often made to the Securities and Exchange Commission.

Labaton Sucharow was among the first law firms to respond to the enactment of the act. The firm established a division, which focuses exclusively on the protection of SEC whistleblowers. The division has been a massive success because its formation was based on Labaton Sucharow’s famed securities litigation program. The firm’s SEC whistleblower lawyers division boasts the services of leading financial analysts and investigators, who work in liaison with the legal experts to offer unrivaled representation to whistleblowers.

Monetary Incentives

In a bid to encourage more insiders to make disclosures, the SEC offers monetary rewards. Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, whistleblowers are entitled to between ten and thirty percent of all the monetary sanctions that are gained from a fruitful SEC enforcement action. Awards are similarly offered in the event that the value of a sanction exceeds 1 million dollars.

Labaton Sucharow has put in place measures to ensure that individuals who make disclosures via its whistleblower program, reap maximum rewards. The firm similarly conducts exhaustive proprietary analyses whenever its clients request an evaluation of a whistleblowing case. This enables legal practitioners working in the program to argue for higher rewards.

Employee Protection

Under the act, whistleblowers have the right to employment protection. Making a disclosure is obviously a difficult decision, personally and professionally. In the past, it was more difficult to blow the whistle because employees feared losing their jobs, or getting intimidated. The act provides anti-retaliation protection to employees. Employers cannot dismiss, discharge, suspend, harass, discriminate or threaten employees who provide incriminatory information to the Securities and Exchange Commission.

Labaton Sucharow ensures that the employee protections are upheld. It also represents whistleblowers who have been subjected to any form of retaliation. The law firm files law suits in case the employee protection laws were violated. It should however be noted that the protections are ineffective until the affected employees report the violations. Besides employee protections, whistleblowers are also eligible for other types of protections, which vary from one state to another. However, the protections exist irrespective of whether the supposed violations are found to be true or not.