Tags » Corporate Fraud

Protecting the Perceived Whistleblower?

In several contexts, an employee who blows the whistle on certain improprieties or unlawful conduct is afforded legal protection from retaliation. Under Sarbanes-Oxley, for example, a public company cannot retaliate against an employee who blows the whistle on corporate fraud. 322 more words

Whistleblower

Defamation, Another Company Concern in Conducting and Concluding Internal Investigations?

Through the normal course of business, it is not uncommon for a company to get wind of potential misconduct among its employees. Whether the issue is one of unlawful employment practices ( 383 more words

Corporate Fraud

Whistleblower Involvement Leads to Substantially Greater Penalties and Criminal Sentences, Study Finds

According to a recently-released academic study on the impact of whistleblowers on financial misrepresentation enforcement actions, the involvement of whistleblowers in securities enforcement actions has a significant impact on both the penalties imposed and jail time faced by company executives and employees.  272 more words

Whistleblower

The Justice Department’s Aggressive Enforcement of the False Claims Act Should Give Banks Pause

On November 20th, the Department of Justice announced that it had recovered approximately $5.7 billion in fiscal year 2014 through litigation and settlements under the False Claims Act. 259 more words

Whistleblower

SEC Report Shows Increases in Securities Fraud Whistleblowing and Reveals Insight Into Continued Aggressive Enforcement

As part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC created a whistleblower program to encourage people to submit information to help the SEC’s Division of Enforcement discover and prosecute violations of the federal securities laws. 508 more words

Whistleblower

Another Federal Court Agrees that Securities Fraud Whistleblowers Must Blow the Whistle to the SEC for Dodd-Frank Protection

Several weeks ago, this blog discussed the Fifth Circuit’s determination in Asadi v. G.E. Energy, LLC that for an employee-whistleblower to be protected by the Dodd-Frank Act, she must “provide information relating to a violation of the securities laws to the SEC.” Internal complaints alone are not sufficient, at least in the Fifth Circuit, to invoke the statute’s whistleblower protection provision.  158 more words

Whistleblower