Securities Act of 1933 Whistleblower Attorney

SEC Whistleblower Law Firm Helping Individuals Expose Securities Fraud Nationwide

The U.S. Securities and Exchange Commission (SEC) accepts whistleblower complaints involving violations of the Securities Act of 1933, the Securities Exchange Act of 1934, and other federal securities laws. If you have information about a corporate securities law violation, you may be eligible to come forward and secure an SEC whistleblower award.

We represent SEC whistleblower clients nationwide. If you need knowledgeable legal counsel to help you make informed decisions about your next steps, our attorneys can explain everything you need to know. From senior executives to individual contributors, we represent employees (and former employees) at all levels; and, in all cases, we represent whistleblowers at no out-of-pocket cost.

Coming Forward Under the SEC Whistleblower Program

If you are interested in helping the SEC combat securities fraud, coming forward will involve filing a whistleblower claim under the SEC’s Whistleblower Program. Eligible whistleblowers who come forward in accordance with the SEC’s requirements are entitled to strict confidentiality and anti-retaliation protections, and they can receive a monetary award calculated as a percentage of the penalties collected in the event of a successful SEC enforcement action.

1. Assessing Your Eligibility to Serve as a Whistleblower

Before you come forward, it is important to assess your eligibility to serve as a whistleblower. This involves evaluating the information you have in your possession to determine if it reflects one or more potential violations of the Securities Act of 1933 and/or other federal securities laws.

To qualify as a whistleblower, you must be able to voluntarily provide the SEC with information based on either independent knowledge or independent analysis. You must also be the first to come forward to SEC staff in most cases. This makes it important to act promptly, and the first step is to schedule a free consultation with an experienced SEC whistleblower lawyer.

2. Exposing a Violation of Federal Securities Law to the SEC

Serving as an SEC whistleblower involves exposing a violation of federal law to the SEC Office of the Whistleblower (also commonly referred to as the SEC Whistleblower Office). The SEC Whistleblower Office accepts whistleblower claims involving possible violations including:

Accounting fraud (including preparing false financial statements)
Bribery of domestic or foreign officials
Financial market manipulation
Insider trading
Investment fraud
Stock manipulation
Other securities violations

Relying on their experience representing whistleblowers and prosecuting cases under the United States’ complex securities laws at the U.S. Department of Justice (DOJ), our attorneys can assess whether the information you have in your possession is sufficient to warrant an SEC investigation or other law enforcement action. If it is, we can then help you make an informed decision about whether to file SEC Form TCR to start the process.

3. Working with the SEC During Its Investigation

If the SEC decides to pursue an investigation based on a whistleblower’s evidence, it will expect the whistleblower to play an active role during its investigation. While not required, assisting with the SEC’s investigation (to the extent possible) is one of several factors the SEC considers when calculating whistleblower rewards. It can also help increase the SEC’s chances of pursuing a successful enforcement action based on the alleged fraud—whether through a confidential settlement or through civil or criminal enforcement proceedings in federal court.

4. Awaiting the Outcome of the SEC’s Enforcement Efforts

While whistleblower rights are established immediately upon acceptance of an individual’s SEC Form TCR, whistleblower rewards are only available when a whistleblower’s complaint leads to a successful enforcement action. As a result, once the SEC’s investigation is complete, a whistleblower will need to await the outcome of the SEC’s enforcement efforts to find out if they are entitled to claim a monetary reward.

5. Claiming Your Reward if the SEC Collects Monetary Sanctions

In successful cases, SEC whistleblower rewards generally range from 10% to 30% of the monetary sanctions collected. The SEC is unique in allowing whistleblowers who proceed anonymously to claim whistleblower rewards, provided that they come forward through an attorney. Since offering fraud and other fraudulent schemes can cause substantial investor losses and trigger substantial federal penalties, SEC whistleblower rewards can be substantial in many cases as well.

Why It’s Important to Work with an Experienced SEC Whistleblower Attorney

As we mentioned above, for individuals who have questions about blowing the whistle under the Securities Act of 1933 (or any other federal securities law), scheduling a free consultation with an experienced SEC whistleblower attorney is the first step in the process. In this scenario, there are several important reasons to rely on the advice and representation of experienced legal counsel. For example:

You Need to Make an Informed Decision About Whether to Come Forward – Before you contact the SEC, you need to make an informed decision about whether to come forward. This involves assessing both your eligibility and the likelihood that the SEC will pursue an investigation.
You Will Need to Come Forward in Compliance with the SEC’s Requirements – If you decide to contact the SEC, you will need to do so in strict compliance with the Commission’s requirements for whistleblower submissions. If your submission does not strictly comply, you may not be eligible for whistleblower protections or whistleblower compensation.
Your Attorney Can Help Protect Your Identity – Whether you decide to come forward confidentially or anonymously, your attorney can help protect your identity. We undertake comprehensive measures to help ensure that our clients’ identities remain undisclosed.
Your Attorney Can Help Protect Your Legal Rights – Along with helping to protect your identity, your attorney can also help protect your legal rights. This includes your right to be free from employer retaliation and your right to a whistleblower reward if the SEC recovers $1 million or more.
There Are Both Steps You Need to Take and Mistakes You Need to Avoid – When serving as a federal securities whistleblower, there are both steps you need to take and mistakes you need to avoid. An experienced whistleblower attorney will be able to guide you every step of the way while communicating directly with SEC staff on your behalf.

FAQs: Securities Fraud Whistleblower Rewards and Protections

Does the SEC accept whistleblower complaints involving financial fraud under the Dodd-Frank Act?

Yes, along with whistleblower complaints involving violations of the Securities Act of 1933 and Securities Exchange Act of 1934, the SEC also accepts complaints involving violations of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), Sarbanes-Oxley Act (SOX), and other federal securities laws. If you have information about any federal securities law violation, our attorneys can assess your eligibility to come forward under the SEC Whistleblower Program.

Does the SEC accept whistleblower complaints involving Ponzi schemes?

The SEC accepts whistleblower complaints involving alleged Ponzi schemes resulting in significant investor losses. The SEC’s primary mission is to protect investors, and Ponzi schemes can cause unsuspecting investors significant and irrecoverable losses. If you believe that you have information about a Ponzi scheme and have questions about contacting the SEC, we encourage you to contact us promptly for more information.

Are securities fraud whistleblowers entitled to monetary rewards in cases involving successful enforcement actions?

The SEC is one of a handful of federal regulatory authorities that issue monetary rewards to eligible whistleblowers. Under the SEC Whistleblower Program, if an eligible whistleblower’s claim leads to the recovery of $1 million or more, the whistleblower can receive a reward of between 10% and 30% of the monetary sanctions recovered.

What protections are afforded to federal securities fraud whistleblowers?

Strong protections are afforded to securities fraud whistleblowers under federal law. These include confidentiality protections and protections against employer retaliation. While the federal confidentiality protections are designed to ensure that whistleblowers do not experience retaliation, the federal anti-retaliation protections ensure that whistleblowers can hold their employers accountable if necessary.

Do I need a whistleblower attorney to report a violation of the Securities Act of 1933?

While whistleblowers are not required to hire an attorney to help them report a violation of the Securities Act of 1933 to the SEC, working closely with an experienced SEC whistleblower attorney is strongly recommended. Serving as an SEC whistleblower is a complex, multi-step process; and, the more information and assistance whistleblowers can provide, the greater the SEC’s chances will be of pursuing a successful enforcement action.

Our attorneys represent federal whistleblowers on a contingency-fee basis. We work directly with the SEC on behalf of our clients, and our legal fees, if any, are calculated as a percentage of our clients’ monetary rewards in successful cases.

Schedule a Free and Confidential Consultation with Our Team of Senior SEC Whistleblower Lawyers

If you would like to know more about the process of coming forward under the SEC Whistleblower Program, we encourage you to contact us promptly for a free, no-obligation consultation. To speak with one of our senior SEC whistleblower lawyers in strict confidence as soon as possible, call 866-320-3959 or tell us how we can reach you online now.