Sarbanes-Oxley Act of 2002 Whistleblower Attorney

Our Attorneys Represent Sarbanes-Oxley Whistleblowers Nationwide

Publicly traded companies are required to comply with the Sarbanes-Oxley Act (SOX), Securities and Exchange Act, and a variety of other federal securities laws that are designed to prevent shareholder fraud and protect the integrity of the U.S. financial markets. The U.S. Securities and Exchange Commission (SEC) enforces these laws, and companies that violate these laws can face steep penalties for a wide range of securities violations.

But, the SEC cannot fight securities fraud on its own. It relies heavily on corporate whistleblowers coming forward and exposing when civil or criminal enforcement action is warranted.

Our whistleblower lawyers help Sarbanes-Oxley Act whistleblowers expose accounting irregularities, improper auditing practices, and other forms of accounting fraud; failure to implement adequate internal controls; and other forms of corporate wrongdoing. We also help whistleblowers expose the preparation of false financial statements and other financial reporting violations committed by (or facilitated by) public accounting firms. We represent all whistleblowers at no out-of-pocket cost, and we work alongside the SEC to protect our clients’ identities throughout the process.

SOX Whistleblower Protections

As one of the primary federal laws relating to corporate recordkeeping and reporting, the Sarbanes-Oxley Act (SOX) is key to the SEC’s ability to enforce corporate accountability. To this end, SOX includes strong whistleblower protections—and these protections are designed specifically to incentivize individuals to come forward when they have information about violations such as:

• Fraudulent financial reporting (including misrepresenting information in a company’s financial statements);
• Failure to comply with SOX’s requirements regarding audit committees;
• Failure to file reports with the SEC when required to maintain corporate transparency;  
• Failure to timely investigate and terminate misconduct; and,
• Insider trading and other violations that can expose companies (and individuals) to civil action or criminal penalties.

SOX protects employees of publicly traded companies and other private citizens. Eligible individuals can report these (and other) violations under the SEC’s whistleblower program, and they are entitled to SOX’s whistleblower protections immediately upon coming forward. These protections fall into two broad categories:

• Whistleblower Confidentiality (or Anonymity) – SOX whistleblowers are entitled to strict confidentiality, and the SEC is one of the few federal agencies that will accept anonymous whistleblower submissions. If you decide that you are prepared to come forward, our attorneys will help you make an informed decision about how to proceed.
• Protection Against Whistleblower Retaliation – SOX also protects whistleblowers against retaliation in the event that their employers discern their identities. Those who experience unlawful adverse employment actions can file retaliation claims and seek double back pay, compensation for their emotional distress, and compensation for their attorneys’ fees and litigation costs, among other remedies.

Our attorneys assist Sarbanes-Oxley whistleblowers with protecting their legal rights throughout the process. While it is unlikely that you will face retaliation after filing a whistleblower claim, if your employer retaliates against you unlawfully, our attorneys will be prepared to immediately take appropriate legal action on your behalf.

SOX Whistleblower Rewards

While the Sarbanes-Oxley Act does not include whistleblower reward provisions, individuals who file whistleblower claims under SOX can receive monetary rewards under the relevant provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The Dodd-Frank Act applies to companies that have securities registered with the SEC as well as private companies; and, similar to SOX, it prohibits a wide range of corporate misconduct.

When eligible whistleblowers report securities violations (including SOX violations) to the SEC in compliance with the Dodd-Frank Act, they can receive monetary awards if their reports lead to successful enforcement actions. Under the Dodd-Frank Act, whistleblower rewards generally range from 10% to 30% of the monetary sanctions collected.

Some prospective whistleblowers who contact us about coming forward have questions about the implications of playing a role in the violations they are thinking about reporting to the SEC. Under the SEC’s whistleblower program, “culpable whistleblowers” can receive monetary rewards even if their involvement was a contributing factor in the violation (or violations) at issue. If you need to know more about serving as a culpable whistleblower, our attorneys can explain everything you need to know.

Why to Choose Our Sarbanes-Oxley Whistleblower Attorneys

If you have information about a corporate act or omission that you believe constitutes a violation of the Sarbanes-Oxley Act (SOX), why should you choose our attorneys to represent you? Here are some key facts to know about the attorneys in our federal whistleblower practice group:

• We Have Significant Experience Representing Federal Whistleblowers – Our attorneys have significant experience representing federal whistleblowers. Along with the SEC, we help whistleblowers come forward to other federal regulatory and law enforcement agencies as well. This includes the U.S. Department of Justice (DOJ), which also accepts corporate whistleblower complaints in many cases.
• We Have Prior Experience as Federal Prosecutors – Several of our attorneys prosecuted corporate fraud cases at the DOJ before entering private practice. This includes cases involving not only securities fraud, but also bank fraud, mail fraud, wire fraud, and other charges that federal prosecutors frequently pursue against corporate entities and individuals.
• We Are Committed to Helping Whistleblowers Protect Investors – From exposing corporate accounting scandals to exposing insider trading, we are committed to helping whistleblowers protect investors against all forms of corporate misconduct. Along with SOX violations, we are prepared to help whistleblowers report violations of the Securities Exchange Act and other federal securities laws as well.
• We Help Prospective Whistleblowers Make Informed Decisions About Coming Forward – When you contact us, you are under no obligation to move forward with serving as a federal whistleblower. Our attorneys will carefully evaluate the alleged violation (or violations) you are thinking about disclosing and help you make informed decisions about your next steps.
• We Represent Whistleblowers at No Out-of-Pocket Cost – In all cases, we represent whistleblowers at no out-of-pocket cost. Whether the information you have in your possession warrants an administrative complaint, a civil enforcement action, or a criminal indictment, we will work with the appropriate federal authorities directly on your behalf, and our legal fees (if any) will be calculated as a percentage of your whistleblower reward if your case is successful.

Importantly, Sarbanes-Oxley Act whistleblowers must generally be the first to come forward in order to receive the protections and compensation that are available, and filing internal complaints can jeopardize the government’s ability to pursue a successful enforcement action in some cases. With these considerations in mind, if you have questions about serving as a whistleblower, we strongly encourage you to contact us promptly for a free and confidential consultation.

FAQs: Blowing the Whistle on Corporate Fraud Under the Sarbanes-Oxley Act

Speak with an Experienced Sarbanes-Oxley Act of 2002 Whistleblower Attorney in Strict Confidence

To discuss coming forward with an experienced Sarbanes-Oxley Act whistleblower attorney in strict confidence, contact us today. Call 866-320-3959 or contact us confidentially online to schedule a free, no-obligation consultation as soon as possible.