3 Reasons Why SEC Whistleblower Lawsuits Are Worth Pursuing

8/17/2022

In recent years, there has been a rise in the number of whistleblowers coming forward to report securities fraud and file whistleblower lawsuits. The significance of these whistleblowers has increased over time, and their prevalence is projected to continue increasing as a result of recent legislation by Congress. Any company or individual that has been a victim of securities fraud must consider their legal options before moving forward. While there are many different ways you can respond if you discover that you have been the victim of illegal stock trading, an SEC whistleblower lawsuit is not always your best option. This article details some of the top reasons why SEC whistleblower lawsuits are worth pursuing when you have been the victim of securities fraud.

Call Whistleblower Attorney Timothy L. Miles Today if You Ae Thinking of Blowing the Whistle

You May Be Entitled To A Financial Reward

In addition to serving justice, with a whistleblower lawsuit, you may also be entitled to a financial reward commonly known as whistleblower rewards. Many whistleblowers are entitled to 10% to 30% of the total financial penalties that are collected from the accused parties. Some whistleblowers have received $100 million+ in whistleblower rewards after filing an SEC whistleblower lawsuit. If you are concerned about the cost of hiring a lawyer to pursue your rights as a whistleblower, contact Nashville Whistleblower attorney Timothy L. Miles.

You Can Hold Individuals Responsible

In many cases, the fraud is committed by a large corporation, and it is not clear who you should hold responsible. A large company has many employees, and you may have no idea who was responsible for the fraud. The complaint that you file in an SEC whistleblower lawsuit can name specific individuals as responsible for the fraud. This allows you to hold individuals responsible for their actions, rather than the vague entity of a large company. You can also use your whistleblower lawsuit to request that certain people be investigated or fired from the company.

It Builds Goodwill With Investors

A common concern with reporting the fraud to the government is that the government will take action against the company, hurting the value of the stock. While this is generally a valid concern, it is not an option you are forced to choose. If you file an SEC whistleblower lawsuit against the perpetrators, you can help the stock value by increasing investor confidence and trust. Investor confidence increases as the fraud become exposed and the perpetrators are punished for their illegal activities. This benefits you, as you are likely to receive a whistleblowers award for your efforts.

Conclusion

Securities fraud is a real problem that can impact investors of all types. An SEC whistleblower lawsuit may be the best way to proceed. If you are thinking of blowing the whistle, contact Nashville 8 Timothy L. Miles today for a free case evaluation.

Timothy L. Miles, Esq.

T imothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles was recentely selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association, a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019). Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, and more.

Five Frequently Asked Questions about the Whistleblower Protection Act

8/16/2022

Who is covered under the WPA?

Picture about protections for whistleblowers

Contact Nashville whistleblower attorney Timothy L. Miles today

The WPA provides protections for whistleblowers who work for the federal government. One very important exception is that the Act specifically excludes whistleblowers in the intelligence community and those who work for the FBI.

What Protections Do Federal Employees Whistleblowers Who Are Not Covered by the WPA Have?

The Intelligence Community Whistleblower Protection Act of 1998, as well as the Intelligence Authorization Act for Fiscal Year 2014 and Presidential Directive 19 all provide protections for whistleblowers employed by the intelligence community. Additionally, FBI whistleblowers are protected from retaliation for making a protected disclosures under U.S. Code § 2303 as well as the FBI Whistleblower Protection Enhancement Act of 2016.

Who Investigates Complaints Under the WPA?

There is no statute of limitations under the Whistleblower Protection Act. Whistleblower lawsuits can be filed at any time with the Office of the Special Counsel.

What Is the Statute of Limitations Under the WPA?

There is no statute of limitations under the Whistleblower Protection Act. Whistleblower lawsuits can be filed at any time with the Office of the Special Counsel.

Who adjudicates Resolves Complaints Under the WPA?

Complaints under the WPA are resoled by the Merit System Protection Board (MSPB) is a quasi-judicial agency established in 1978 to adjudicate whistleblower lawsuits. The primary mission of the MSPB is to “protect the merit system principles and promote an effective federal workplace free of prohibited personnel practices.” There are three members on the panel who are appointed by the President and confirmed by the Senate. Two of the three members must be of the President’s own political party, while the third must be of the opposing party. Terms are for seven years.

Contact a Whistleblower Attorney if You Are Thinking of Blowing the Whistle

If you have knowledge of fraud against or by the federal government, contact Nashville whistleblower attorney Timothy L. Miles. The consultation is free and confidential. Just call (855) Tim-M-Law. Please also visit our Resources center which provides a wealth of whistleblower information. Call today and see what a whistleblower attorney can do for you.

Timothy L. Miles, Esq.

Three Frequently Asked Questions about Whistleblower Lawsuits

8/16/2022

A whistleblower is anyone who has and reports insider knowledge of illegal activities occurring in an organization. Whistleblowers can be employees, suppliers, contractors, clients, 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. Contact Nashville Whistleblower Attorney Timothy L. Miles today for a free case evaluation, you may be eligible for a whistleblower award. Read on for the answers to three frequently asked questions.

Contact Nashville Whistleblower Attorney Timothy L. Miles today for a free case evaluation

What Is a Qui Tam?

Qui tam is a provision in the False Claims Act (FCA) that allows private citizens with evidence of fraud perpetrated against the federal government to sue the wrongdoer on behalf of the U.S. government. These citizens are rewarded with a substantial share in any financial recovery that’s made (typically 15-30% of the total amount).

The qui tam provision was enacted to encourage private citizens to come forward with information about entities defrauding federal programs, thus allowing the government to recoup stolen funds. Qui tam lawsuits differ from other types of lawsuits, such as personal injuries, in that the person bringing the suit is not the one who has been directly harmed.

Any person with information about fraud against the government – an employee, contractor, competitor, or someone else – can bring a qui tam lawsuit.

If you have information about fraud against the U.S. government, contact Whistleblower Attorney Timothy L. Miles, a top-rated attorney in Nashville. He can help you determine if you have a case, and securely walk you through the whistleblower process.

How Are Whistleblowers Protected?

The government affords certain protections for whistleblowers. The FCA provides protection against retaliation: Whistleblowers may not be harassed, threatened, demoted, fired, or otherwise discriminated against because of their decision to come forward. The Whistleblower Protection Act prohibits federal agencies from firing, demoting, and blacklisting federal employees who become whistleblowers as well as other forms of retaliation including reducing pay, change of duties, or reassignments. Under the Whistleblower Protection Act, qui tam relators have the right to protections such as reinstatement if terminated or demoted, back pay, as well as compensatory damages.

If you have been treated unjustly because you spoke out, contact Nashville whistleblower attorney Timothy L. Miles, you can file a lawsuit against your employer seeking damages including reinstatement (if you were fired) and back pay. Even if your claim turns out to be unsubstantiated, you are protected against retaliation provided your claim was made in good faith. These protections for whistleblowers are meant to encourage whistleblowers to come forward without fear of retaliation.

Can Government Employees File Whistleblower Lawsuits?

Government workers can also blow the whistle on their own government and receive a whistleblower award. The Whistleblower Protection Act is a federal law that provides these individuals with protection for disclosing various acts of unlawful and unethical behavior on the part of the U.S. government:

Violations of the law, rules, or regulations
Abuse of authority
Gross waste of funds
Gross mismanagement
Substantial danger to public health or safety

If you are a federal employee who has uncovered possible fraud by the federal government and you have endured punishment as a result (e.g., demotion, pay cut, firing, or harassment), contact us. We can review your case in a free, no-risk evaluation. Contact us today, you may be entitled to a whistleblower award.

Contact a Whistleblower Attorney if You Are Thinking of Blowing the Whistle

If you have knowledge of fraud against or by the federal government, contact Nashville whistleblower attorney Timothy L. Miles. The consultation is free and confidential. Contact us today (855) Tim-M-Law. Please also visit our Resources center which provides a wealth of whistleblower information. Call today and see what a whistleblower attorney can do for you.

Timothy L. Miles, Esq.

Answers to 5 Whistleblower FAQ You Need to Know

7/24/2022

A whistleblower is anyone who has and reports insider knowledge of illegal activities occurring in an organization. Whistleblowers can be employees, suppliers, contractors, clients, 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. Contact Nashville Whistleblower Attorney Timothy L. Miles today for a free case evaluation. Read on, below are answers to five frequently asked questions in whistleblower lawsuits.

What Is the False Claims Act?

The False Claims Act (FCA) makes it illegal for any person or institution to intentionally file a false claim or create a false record regarding any federally funded program. In this case, “intentionally” includes acting with reckless disregard, which is when someone blatantly ignores the potential consequences their actions may bring. The “qui tam” provision of the FCA allows private citizens who have evidence of fraud to file a lawsuit against the at-fault party on behalf of the government.

Can a Whistleblower Be Fired?

Whistleblowers are granted protections from retaliation under the FCA, including demotion, termination, suspension, denial of benefits, and any other retaliatory behavior. If an unethical organization attempts to retaliate against you despite these protections, you can file a lawsuit against them and recover the damages their actions have caused.

However, it is important to act quickly if you do experience retaliation. Time is of the essence in these situations, and you’ll need to prove that you were fired as a result of the qui tam lawsuit you were a part of. Waiting to file a whistleblower lawsuit can make your case weaker and potentially cause you to lose it altogether, so it is important to speak with a qualified whistleblower attorney.

What Is Fraud?

In qui tam lawsuits, fraud is defined as the intentional, significant misuse or theft of taxpayer funding. It also includes the misrepresentation of goods or services with the intent to earn unwarranted compensation, which can occur when companies bill the government for unperformed services. Fraud can be committed by a single individual or an entire organization, but the victim is always the innocent taxpayer who assumes their hard-earned money is going toward its intended purpose.

What Constitutes as a Whistleblower Lawsuit?

If you have evidence of an individual or organization deliberately attempting to defraud the government of funding, you may have grounds for a whistleblower lawsuit. However, not all evidence is created equal, and you may not know if your information is sufficient enough to warrant a lawsuit. If you are unsure about your eligibility, please speak with a whistleblower attorney for further opinion and advice on how to proceed.

Do You Need Evidence to Be a Whistleblower?

Yes, you will need strong supporting evidence to file a qui tam lawsuit. The evidence you collect must clearly display the entity committing the fraud, the amount stolen, and any other relevant information pertaining to the crime at hand. Many whistleblowers have collected financial statements, emails, and memorandums, but others have taken an extra step and used a personal recording device to collect evidence. While this is not necessary in all cases, it is important to collect as much evidence as you can to ensure that your case can help expose the corruption.

Conclusion

If you are thinking about blowing the whistle, contact Nashville whistleblower attorney Timothy L. Miles for a confidential and free case evaluation. Call today and see what a Nashville Whistleblower attorney can do for you.

Timothy L. Miles

4 Things You Need to Know About Qui Tam Lawsuits

7/23/2022

What Does “Qui Tam” Mean?

“Qui tam” is a shortened Latin phrase meaning “who as well for the king as for himself sues in the manner.” In other words, it means that an individual is filing a lawsuit on behalf of their government. The qui tam provision of the FCA was enacted not only to encourage whistleblowers but also to protect them from any retaliation by the hands of the organization they are helping to expose.

What Is a Qui Tam Lawyer?

A qui tam lawyer is an attorney who specializes in whistleblower lawsuits. This type of litigation allows private citizens to file a lawsuit on behalf of the government against an individual or organization who’s committing fraud within our nation’s federally funded programs.

Do You Need Evidence to Be a Whistleblower?

Can You Remain Anonymous as a Whistleblower?

The False Claims Act requires that qui tam lawsuits are kept “under seal” while the case is under investigation. This means that anyone other than the U.S. Department of Justice, the U.S. attorney, and the assigned judge of the District Court cannot view the details of your case until the case becomes unsealed. If you have any concerns about your anonymity during this process, it is a good idea to speak with a whistleblower attorney and learn more about the laws that will affect your case.

Conclusion

If you are considering blowing the whistle and filing a qui tam lawsuit, contact Nashville whistleblower attorney Timothy L. Miles today for a confidential and free case evaluation.

Timothy L. Miles

The 3 Reasons We Need Whistleblowers

7/22/2022

Whistleblowing and whistleblower lawsuits are among the most important to make sure organizations are acting in our best interests. However, it is also something we do not see enough of. There are many examples of people coming forward to report on injustices or illegal activities happening within their organization. The risks for whistleblowers can be high, however. Many people fear losing their jobs in retaliation if they come forward as a whistleblower, which is why there are not as many of them as there should be. Here are three reasons why we need more whistleblowers and how you can become one if you are not ready to do so publicly just yet.

We Need Whistleblowers to Hold Big Organizations Accountable

The media has an important role to play in holding power accountable, but it is not a substitute for blowing the whistle. Journalists have limited resources and have to cover multiple stories at once, which means it takes time for them to break a story, let alone follow up on it and report. Whistleblowers, on the other hand, can expose wrongdoing and make corrections happen much more quickly. People who work within organizations can see and hear things that are happening, such as violations of policies or laws, misuse of resources, illegal activities and or other problems. They can report on these things promptly, possibly stopping the wrongdoing from getting worse or exposing it before it happens, or if government funds are being wasted or fraudulently taken, file a qui tam lawsuit.

Whistleblowers Can Prevent Dark Practices from Becoming Industry Standards

Many people do not want to be whistleblowers, but they still want to try to stop the spread of dark practices. You can do this by speaking out within the organization whenever you see something that violates your organization’s values or is just bad or unethical practices. If you see something happening and it is not necessary, let your supervisor or the person in charge of the area know. These kinds of small acts can help keep dark practices from becoming standard. And if you see something that needs to be addressed but no one else is saying anything about it, you can speak up. You can calmly bring up the issue and ask for a correction, while also being prepared to push back if the person in charge does not correct it. You may not always be successful, but you are doing your part to keep dark practices from becoming the industry standard.

Whistleblowing Is a Way to Protect the Public

You may not think of your profession as having anything to do with protecting the public, but many professions have a responsibility to do so. For example, doctors and other medical professionals have to report on doctors who are not keeping patients safe and following the standards of care. The same with lawyers. Professionals who design and build infrastructure, as well as those who construct, maintain, and fly airplanes have to report on practices that violate federal or local laws, are not safe, or waste resources. Personnel in other fields may have a responsibility to report on violations of ethical standards. For example, psychologists and other mental health professionals have a duty to report if a colleague appears to be a danger to clients or is otherwise unfit to practice. Similarly, lawyers have to report if a colleague commits misconduct, such as committing an ethical violation or withholding information that they are ethically required to share with their client.

Conclusion

Ultimately, the biggest reason we need more whistleblowers is to protect society and make sure every person has a fair shot, including those who decide to blow the whistle. You may be thinking that the problems you see are not as bad as what other whistleblowers have exposed. But regardless, whatever your reasons are for coming forward, remember that you can do so anonymously and speak with a qualified whistleblower attorney. Whistleblowers have played an important role in our society for centuries. These individuals have helped society progress by shedding light on corruption and abuses of power in government and big organizations. We need more whistleblowers today so that we can keep making progress in stopping illegal or immoral corporate activities. This is precisely why Congress enacted very strict protections for whistleblowers and provided for whistleblower awards for these brave individuals coming forward. If you are ready to blow the whistleblower attorney, contact a Nashville whistleblower attorney today.

Timothy L. Miles

Thinking of Blowing the Whistle? Here Are a Few Incentives

7/15/2022

Recognizing the risks whistleblowers take in coming forward and the resulting stress, Congress established a reward system which allows them to receive a portion of the government’s recovery. Eligibility for an award differs with each program. Below is the reward system under the various whistleblower programs.

FEDERAL FALSE CLAIMS ACT

Whistleblowers are generally entitled to between 15 percent to 30 percent of the government’s recovery under the FCA. Under the FCA, the minimum and maximum award is dictated on whether the government intervenes in the case. If so, the whistleblower is generally entitled to no less than 15 percent and no greater than 30 percent of the government’s recovery. If the government declines intervention, the whistleblower is entitled to no less than 25 percent and no more than 30 of the recovery by the government.

SEC WHISTLEBLOWER PROGRAM

The whistleblower is not entitled to a reward unless the SEC recovers more the $1 million. If the SEC recovers more than $1 million as a result of original information properly submitted by a whistleblower, the whistleblower is generally entitled to no less than 10 percent and no more than 30 percent of the recovery. If there are additional recoveries in certain related actions, such as a civil or criminal proceeding brought by the U.S. Department of Justice, the whistleblower may be entitled to a percentage of such recoveries, as well. The amount of a whistleblower’s award under the SEC Whistleblower Program depends on a variety of factors, including the significance of the whistleblower’s information, the degree of the whistleblower’s assistance, and the SEC’s interest in deterring future misconduct and encouraging whistleblowers to come forward.

THE CFTC WHISTLEBLOWER PROGRAM

Like the SEC program, if the CFTC recovers more than $ 1 million as a result of original information properly submitted by a whistleblower, the whistleblower is entitled to between 10 percent and 30 percent of the recovery. Whistleblowers may also be entitled to a percentage of the recoveries made in certain related actions, for example as the U.S. DOJ civil or criminal proceedings. The criteria for setting the award are similar to that in the SEC Whistleblower Program, and includes the significance of the whistleblower’s information, the degree of the whistleblower’s assistance, and the CFTC’s program goals of deterring future wrongdoing and encouraging whistleblower’s to come forward.

THE IRS WHISTLEBLOWER PROGRAM

Under the IRS Whistleblower Program, if a whistleblower reports underpayment of taxes that exceeds $2 million, including penalties and interest, and meets the other program requirements, the whistleblower is entitled to between 15 percent to 30 percent of the amount the IRS recovers based on that information. If the case deals with an individual, the individual’s annual gross income must exceed $200,000 for the whistleblower to be eligible for an award.

FIRREA/FIAFEA WHISTLEBLOWER ACTIONS

Under FIAFEA’s whistleblower provisions, if the United States recovers under FIRREA based on original information brought by the whistleblower, the whistleblower is entitled to 20 percent to 30 percent of the first $1,000,000 recovered, 10 percent to 20 percent of the next $4,000,000 recovered, and 5 percent to 10 percent of the next $5,000,000 recovered, for a total potential recovery of $1.6 million.

Final Word

If you have knowledge of fraud against or by the federal government, contact Nashville Whistleblower Attorney Timothy L. Miles. The consultation is free and confidential.

Timothy L. Miles, Esq.

4 Crucial Steps to Filing a Whistleblower Lawsuit

7/12/2022

An employee with inside knowledge that their employer is defrauding the government may be eligible to file a whistleblower lawsuit and receive a financial award if successful. Below are the steps for filing a whistleblower lawsuit.

Confirm a Violation of the False Claim Act

It may seem axiomatic, but to receive a financial reward, the whistleblower must determine the specific violation of the FCA the company is committing. This could be cheating the government out of money by creating fake invoices for services not rendered or simply withholding money owed to the government.

You May Be Entitled To A Financial Reward

You Can Hold Individuals Responsible

It Builds Goodwill With Investors

Conclusion

Timothy L. Miles, Esq.

Who is covered under the WPA?

What Protections Do Federal Employees Whistleblowers Who Are Not Covered by the WPA Have?

Who Investigates Complaints Under the WPA?

What Is the Statute of Limitations Under the WPA?

Who adjudicates Resolves Complaints Under the WPA?

Contact a Whistleblower Attorney if You Are Thinking of Blowing the Whistle

Timothy L. Miles, Esq.

What Is a Qui Tam?

How Are Whistleblowers Protected?

Can Government Employees File Whistleblower Lawsuits?

Contact a Whistleblower Attorney if You Are Thinking of Blowing the Whistle

Timothy L. Miles, Esq.

What Is the False Claims Act?

Can a Whistleblower Be Fired?

What Is Fraud?

What Constitutes as a Whistleblower Lawsuit?

Do You Need Evidence to Be a Whistleblower?

Conclusion

Timothy L. Miles

What Does “Qui Tam” Mean?

What Is a Qui Tam Lawyer?

Do You Need Evidence to Be a Whistleblower?

Can You Remain Anonymous as a Whistleblower?

Conclusion

Timothy L. Miles

We Need Whistleblowers to Hold Big Organizations Accountable

Whistleblowers Can Prevent Dark Practices from Becoming Industry Standards

Whistleblowing Is a Way to Protect the Public

Conclusion

Timothy L. Miles

FEDERAL FALSE CLAIMS ACT

SEC WHISTLEBLOWER PROGRAM

THE CFTC WHISTLEBLOWER PROGRAM

THE IRS WHISTLEBLOWER PROGRAM

FIRREA/FIAFEA WHISTLEBLOWER ACTIONS

Final Word

Timothy L. Miles, Esq.

Confirm a Violation of the False Claim Act

Collect Evidence