INTRODUCTION TO WHISTLEBLOWING and a nashville whistleblower attorney Call Nashville whistleblower attorney Timothy L. Miles today if you are thinking about blowing the whistle
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 for answers to seven frequently asked questions about the Commodity Futures Trading Commission's (CFTC) whistleblower program. What is the CFTC Whistleblower Program?
The Dodd-Frank Act established the Commission's whistleblower program, which provides monetary awards to individuals who voluntarily report violations of the Commodity Exchange Act (CEA). Whistleblowers are eligible for awards if their information leads to a successful Commission action resulting in over $1 million in sanctions. The Commission can also pay awards based on sanctions collected by other authorities in actions related to a successful CFTC case and based on a CFTC whistleblower's information. Additionally, the Dodd-Frank whistleblower provisions prohibit retaliation against employees who report possible CEA violations to the Commission, and grant the CFTC authority to enforce the anti-retaliation protections. The provisions also include confidentiality safeguards for whistleblowers.
How does the CFTC Whistleblower Program differ from that of the Securities and Exchange Commission (SEC)?
Following the amendments to the whistleblower rules that became effective July 31, 2017, the CFTC's award claims review process largely mirrors that of the SEC's Whistleblower Program. For example, as at the SEC, the CFTC's Claims Review Staff has responsibility for issuing a Preliminary Determination, setting forth a preliminary assessment as to whether an award claim should be granted or denied. As under the SEC's program, a whistleblower has an opportunity to request to view the record and contest the Preliminary Determination before the Commission issues a Final Determination. Rules 165.7(e)-(l); 165.15(a)(2).
What does it mean to provide information "voluntarily"? Call a whistleblower attorney in Nashville today for a free case evaluation
You can only provide information to the Commission voluntarily if you submit it before the Commission sends you, your lawyer, or your employer a request, inquiry, or demand for that information. However, your submission would not be considered voluntary if you had already received a similar request from Congress, another regulatory/enforcement agency, or a self-regulatory organization like the National Futures Association. Conversely, if you had provided the information to one of those entities before receiving any request, then your subsequent submission to the Commission would still be deemed voluntary. (Rule 165.2(o))
How does someone become eligible for an award?
Individuals seeking a whistleblower award must first submit a Form TCR (Tip, Complaint, or Referral) either electronically through the website or by fax or mail. For more information on submitting a tip, contact Nashville whistleblower attorney Timothy L. Miles today for a free and confidential case evaluation.
What is "original information"? Give Nashville Whistleblower attorney Timothy L. Miles at call if you are considering blowing the whistle
"Original information" is information not already known to the Commission that is derived from (i) your independent knowledge (information in your possession that is not generally known or available to the public), or (ii) your independent analysis (your examination and evaluation of information that may be publicly available but which reveals information that is not generally known). Also, if the Commission received the same information previously from someone else, your information will not be considered original information unless you can show that you were the "original source" of the information. Rule 165.2(k)-(l).
If you are not sure whether the information that you intend to submit falls within these categories, you should describe such information rather than produce it with your Form TCR. Please note that, unless certain limited exceptions apply, "independent knowledge" does not include communications that are subject to the attorney-client privilege and information obtained in connection with the legal representation of a client. Rule 165.2(g)(2)-(3) Where do the funds for monetary awards come from?
The CFTC Customer Protection Fund, established by Congress and financed solely through monetary sanctions paid by CEA violators, is the sole source of funding for all whistleblower awards. Importantly, no money is taken or withheld from harmed investors to finance these whistleblower incentives.
what rights to i have if i am retaliated against? reading word whistleblower office magnifying glass 3d illustration used in Nashville Whistleblower attorney
Employers are prohibited from taking any action to impede your direct communication with the Commission's staff about potential Commodity Exchange Act violations. This includes enforcing or threatening to enforce any confidentiality or predispute arbitration agreement related to such communications.
Employers are also prohibited from discharging, demoting, suspending, harassing, or discriminating against you in any way due to your lawful act of providing information to the Commission under the whistleblower program or assisting the Commission's investigations or proceedings. If you believe your employer has unlawfully retaliated against you, you may file a private action in federal court within two years of the retaliatory act. If successful, you may be entitled to reinstatement, back pay, litigation costs, expert witness fees, and attorney's fees. The CFTC also has the authority to bring an enforcement action against your employer for any retaliatory acts. In addition to the protections provided by the Commodity Exchange Act, other federal and state statutes may offer further anti-retaliation safeguards. If you have questions about these other laws, please consult an attorney. If You Are Thinking of Blowing the Whistle, Contact Nashville Whistleblower Attorney Timothy L. Miles Today
If you have knowledge of fraud against or by the federal government, contact Nashville whistleblower attorney Timothy L. Miles who can guide you through the whistleblower process and explain your whistleblower protections. The consultation is free and confidential. Just complete the form below to get started or call (855) Tim-M-Law. Ask a Nashville whistleblower attorney, you could be entitled to a significant whistleblower award.
Please also visit our Resources center which provides a wealth of information on whistleblower lawsuits, among others. Call today and see what a Nashville whistleblower attorney can do for you.
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
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