INTRODUCTION TO WHISTLEBLOWING
A whistleblower is anyone who has and reports insider knowledge of illegal activities occurring in an organization. A whistleblower can be an employee, supplier, contractor, client, or any individual who becomes aware of illegal business activities. If you have knowledge of a person or company attempting to defraud the federal government, and you come forward with this information, you could be receive a whistleblower award for your courage and blowing the whistle by filing a whistleblower lawsuit and do so with the knowledge you have strong whistleblower protections against whistleblower retaliation.
If you are thinking of blowing the whistle, contact Nashville whistleblower attorney and litigation attorney Timothy L. Miles, who has valuable experience and has received numerous awards, mostly due to his high ethical standards, and hard work ethic, including most recently being named an Avvo Rated Top Lawyer 2024 by AVVO, Top 25 Class action lawyer by the National Trial Lawyers Association (2023-present), a Top 100 Civil Plaintiff Trial Lawyer by the National Trial Lawyers Association (2017-present) and has maintained an AV rating from Martindale-Hubble since 2014 (2014-present), was named a 2023 Top Rated Litigator (2019-present) and 2023 Top Rated Lawyer (2019-present) and 2023 Elite Lawyer of the South by Martindale-Hubble (2019-present), and was a recipient of the Avvo Client’s Choice Award in 2021, in 2022 was featured in the Top 100 Lawyers Magazine (2022) and received the Lifetime Achievement Award by Premier Lawyers of America (2019–2021). Contact a Nashville whistleblower attorney today, located conveniently in Brentwood, TN a suburb of Nashville. (855) 846–6529 or [email protected]. Read on as we answer eight frequently asked questions about the Dodd-Frank Act. What is the Dodd-Frank Act and how does it relate to whistleblowers?
The Dodd-Frank Wall Street Reform and Consumer Protection Act, passed in 2010, includes significant provisions to protect and incentivize whistleblowers who report violations of securities laws. It established a whistleblower program at the Securities and Exchange Commission (SEC) to encourage individuals to report potential wrongdoing.
What protections does the Dodd-Frank Act offer to whistleblowers?
The Act prohibits retaliation against whistleblowers by employers. This includes protection from termination, demotion, suspension, threats, harassment, or any form of discrimination. Whistleblowers who face retaliation can file a complaint with the Department of Labor or bring a lawsuit in federal court.
Are there financial incentives for whistleblowers under the Dodd-Frank Act?
Yes. Whistleblowers who provide original information that leads to successful SEC enforcement actions can receive 10-30% of monetary sanctions exceeding $1 million. This incentive aims to encourage individuals to come forward with valuable information about securities violations.
Who is eligible to be a whistleblower under the Dodd-Frank Act?
Generally, any individual with original information about potential securities law violations can be a whistleblower. This includes employees, former employees, and even outsiders with relevant knowledge. However, certain individuals, such as attorneys or compliance personnel, may have additional requirements to meet.
How can a whistleblower report information under the Dodd-Frank Act?
Whistleblowers can submit tips to the SEC through the agency's online portal, by mail, or by fax. To be eligible for an award, the information must be submitted under penalty of perjury. The SEC also allows anonymous submissions through an attorney.
Does the Dodd-Frank Act protect international whistleblowers?
Yes, the Act's protections extend to whistleblowers outside the United States. Foreign nationals can report violations of U.S. securities laws and may be eligible for awards, regardless of their citizenship or location.
How does the Dodd-Frank Act address concerns that whistleblower protections don't go far enough?
While some argue the protections are insufficient, the Act has strengthened whistleblower rights significantly. It expanded the scope of protected activities, increased the statute of limitations for retaliation claims, and provided for reinstatement and double back pay for successful claims. The SEC also actively enforces these protections.
Can companies prevent employees from becoming whistleblowers?
No. The Dodd-Frank Act prohibits companies from taking any action to impede an individual from communicating directly with the SEC about potential securities law violations. This includes enforcing confidentiality agreements or threatening legal action to prevent whistleblowing.
The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center 300 Centerview Dr., #247 Brentwood, TN 37027 Phone: (855) 846–6529 Email: [email protected] Nashville whistleblower attorney Timothy L. Miles
Timothy L. Miles is a top-rated and AV preeminent lawyer in Nashville, Tennessee and a nationally known class action and products liability lawyer who has been leading the fight to protect consumer rights for over 22 years. Mr. Miles received a Bachelor of Science in Psychology from Belmont University in Nashville, Tennessee in 1995 and his J.D. from the Nashville School of Law in May 2001, graduating third in his class, and was made a member of the Honorable Society of Cooper’s Inn which is reserved for students graduating in the top ten percent of their class. Comments are closed.
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