Shapiro Haber & Urmy LLP currently represents individuals in whistleblower cases. If you believe you have a whistleblower tip, contact attorney Ian McLoughlin at firstname.lastname@example.org, or call (617) 439-3939 or (800) 287-8119. Alternately, click here to contact us through our website.
To learn more, please read below regarding our SEC Whistleblower, CFTC Whistleblower, Qui Tam/False Claims Act, and IRS Whistleblower practice, or click here to read our Whistleblower Blog.
The SEC Whistleblower Program
In 2011, the Securities and Exchange Commission (SEC) adopted rules for implementing the Whistleblower Provisions of the Dodd-Frank Act, which reward whistleblowers who voluntarily provide original information about possible federal securities law violations that have occurred, are ongoing, or are about to occur and that leads to successful enforcement and monetary sanctions of over $1 million.
Under the Final Rules, whistleblowers are eligible to receive 10-30% of the SEC’s monetary recovery in a successful enforcement action that results in sanctions of over $1 million if the tip consists of high-quality, original information based on the whistleblower’s independent knowledge or analysis, and meets certain additional conditions. In addition to a potential monetary reward for whistleblower tips, the Dodd-Frank Whistleblower Provisions block employers from retaliating against whistleblowers. As of September 30, 2011, the SEC had a fund of $452 million set aside for rewards under the Whistleblower Program (see http://www.sec.gov/about/offices/owb/whistleblower-annual-report-2011.pdf). Click here to read more about the SEC Whistleblower Program.
Shapiro Haber & Urmy LLP currently represents individuals in SEC Whistleblower cases. If you believe you have a tip under the SEC Whistleblower Program, contact attorney Ian McLoughlin at email@example.com, or call (617) 439-3939 or (800) 287-8119. Alternately, click here to contact us through our website.
The CFTC Whistleblower Program
The U.S. Commodity Futures Trading Commission (CFTC) whistleblower program, which was created by the Dodd-Frank Act, provides for rewards for whistleblowers who voluntarily provide original information about violations of the Commodity Exchange Act that leads to successful enforcement actions resulting in at least $1 million in monetary recovery. CFTC whistleblower rewards range from 10-30% of the total monetary sanctions recovered. In addition, the whistleblower program includes anti-retaliation provisions to protect whistleblowers who provide information to or assist the CFTC (see http://www.cftc.gov/ConsumerProtection/WhistleblowerProgram/index.htm).
If you believe you have a tip under the CFTC Whistleblower Program, contact attorney Ian McLoughlin at firstname.lastname@example.org, or call (617) 439-3939 or (800) 287-8119. Alternately, click here to contact us through our website.
The Qui Tam/False Claims ActFederal Qui Tam/False Claims Act
Qui tam whistleblower cases are cases filed under the qui tam provisions of the federal False Claims Act, which imposes liability on individuals and companies who defraud the federal government by making false claims on federal money or property, for example on federal contracts. The False Claims Act also provides for treble damages and penalties. In a qui tam action, an individual, known as a relator, files a suit on the federal government’s behalf, and may be entitled to a portion, sometimes up to 30%, of any recovered damages.
During the fiscal year 2011, the federal government recovered $3 billion under the False Claims Act, $2.8 billion as a result of qui tam actions. $2.4 billion of the total False Claims Act recoveries related to the defrauding of federal health care programs (see DOJ Press Release, December 19, 2011, available at http://www.justice.gov/opa/pr/2011/December/11-civ-1665.html).
Assistant Attorney General West has stated, “We are tremendously grateful to whistle blowers who have brought fraud allegations to the government’s attention and assisted us in this public-private partnership to fight fraud” (see http://www.justice.gov/opa/pr/2011/December/11-civ-1665.html)).
If you believe you have a tip under the qui tam provisions of the False Claims Act, contact attorney Ian McLoughlin at email@example.com, or call (617) 439-3939 or (800) 287-8119. Alternately, click here to contact us through our website.
State Qui Tam/False Claims Act
A number of states, including Massachusetts, have enacted false claims laws with qui tam provisions modeled on the federal False Claims Act. These laws impose liability on individuals and companies who defraud the state government by making false claims on state money or property. Many of these laws provide for whistleblower rewards, as well as protections from employer retaliation.
The IRS Whistleblower Program
The Internal Revenue Service (IRS) Whistleblower Office rewards whistleblowers who provide information about entities that have failed to pay taxes owed. A whistleblower may receive as much as 30% of the additional tax, penalty, and other amounts collected if the IRS uses the whistleblower’s information to pursue an action and subject to certain additional conditions. (See http://www.irs.gov/compliance/article/0,,id=180171,00.html and http://www.irs.gov/irm/part25/irm_25-002-002.html).
If you believe you have a tip under the IRS whistleblower program, contact attorney Ian McLoughlin at firstname.lastname@example.org, or call (617) 439-3939 or (800) 287-8119. Alternately, click here to contact us through our website.
SEC Whistleblower Program
Shapiro Haber & Urmy LLP Partner Ian J. McLoughlin, “Dodd-Frank Whistleblower Complaints from the Whistleblower’s Perspective,” as presented at Massachusetts Continuing Legal Education, 14th Annual Employment Law Conference, December 2011
SEC Office of the Whistleblower (http://www.sec.gov/whistleblower)
SEC Whistleblower Final Rules (http://www.sec.gov/about/offices/owb/reg-21f.pdf)
SEC Office of the Whistleblower – FAQ (http://www.sec.gov/about/offices/owb/owb-faq.shtml)
Annual Whistleblower Program Report (2011) (http://www.sec.gov/about/offices/owb/whistleblower-annual-report-2011.pdf)
CFTC Whistleblower Program
U.S. Commodity Futures Trading Commission Whistleblower Program (http://www.cftc.gov/ConsumerProtection/WhistleblowerProgram/index.htm)
U.S. Commodity Futures Trading Commission Whistleblower Rules (http://www.cftc.gov/ucm/groups/public/@lrfederalregister/documents/file/2011-20423a.pdf)
U.S. Commodity Futures Trading Commission Federal Register Release Regarding Final Whistleblower Rules, August 25, 2011 (http://www.cftc.gov/ConsumerProtection/WhistleblowerProgram/ssLINK/2011-20423a)
Qui Tam/False Claims Act
Department of Justice Press Release, “Justice Department Recovers $3 Billion in False Claims Act Cases in Fiscal Year 2011,” December 19, 2011 (http://www.justice.gov/opa/pr/2011/December/11-civ-1665.html)
Department of Justice, False Claims Amendments Act of 1986 (http://www.justice.gov/jmd/ls/legislative_histories/pl99-562/pl99-562.html)
Massachusetts False Claims Provisions (http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter12)
Attorney General of Massachusetts Medicaid Fraud Division (http://www.mass.gov/ago/bureaus/business-and-labor/the-medicaid-fraud-division-folder/)
Attorney General of Massachusetts Federal Stimulus Oversight (http://www.mass.gov/ago/public-safety/combating-fraud-and-corruption/federal-stimulus-oversight.html)
Financial Fraud Enforcement Task Force (http://www.stopfraud.gov/index.html)
IRS Whistleblower Program
Internal Revenue Service, Whistleblower – Informant Award (http://www.irs.gov/compliance/article/0,,id=180171,00.html)
Internal Revenue Service, Whistleblower Awards (http://www.irs.gov/irm/part25/irm_25-002-002.html)