Whistleblower Cases - Transcript
Many people are unaware that anyone can become a whistleblower. Whether you are an employee, analyst, or even someone who overhears critical information, you have the right to report wrongdoing in public companies or private companies that have issued securities. At Malecki Law, we focus on representing SEC whistleblowers —those who uncover fraud, misconduct, or violations of securities laws—and help them navigate the process while protecting their rights, and privacy.
Who Can Be a Whistleblower?The SEC’s whistleblower program allows individuals with credible information about securities violations to submit tips that can lead to investigations and enforcement actions. Contrary to popular belief, you do not need to be an insider or a company executive to blow the whistle. Whistleblowers come from all walks of life, and tips can come from various sources, such as:
- Observations in the Workplace: Employees who notice illegal or unethical conduct within their company can report it internally or directly to the SEC.
- Casual Conversations: Information overheard in a meeting, at a lunch table, or even in public settings can form the basis of a whistleblower tip. Wall Street restaurants, once infamous for loose discussions of deals, illustrate how such information can surface unexpectedly.
- Analytical Expertise: Individuals with the ability to analyze market trends, transactions, or patterns may uncover anomalies that suggest fraud or market manipulation. For instance, an analyst might identify statistical evidence of price-fixing, insider trading, or other violations.
The whistleblower program is designed to encourage individuals to come forward without fear of retaliation. If you report misconduct, your identity can remain confidential, and federal laws prohibit employers from retaliating against whistleblowers. Retaliation itself can form the basis of a whistleblower claim, adding another layer of protection for those who take action.
The Role of Malecki Law in Whistleblower CasesAt Malecki Law, we have specific experience handling whistleblower cases involving securities violations. Our firm has successfully represented clients who have submitted tips leading to SEC investigations and significant enforcement actions. With extensive experience in securities law, we know how to present your case in a way that captures the SEC’s attention and maximizes your chances of success.
Our team can help you:
- Evaluate Your Information: We assess the strength and credibility of your tip to determine its potential impact.
- Prepare and Submit Your Tip: Submitting a whistleblower tip involves more than simply providing information. We craft a compelling submission that highlights the wrongdoing and provides the SEC with the necessary evidence to act.
- Communicate With Investigators: If the SEC decides to pursue your tip, we work directly with investigators on your behalf, ensuring you are protected and your rights are upheld.
- Pursue a Whistleblower Award: Whistleblowers who provide actionable information may be eligible for a financial award. Under the SEC’s program, whistleblowers can receive between 10% and 30% of the total monetary sanctions collected resulting from their tip.
The financial rewards for whistleblowers can be substantial. If your tip leads to an enforcement action that results in monetary sanctions exceeding $1 million, you may be entitled to a whistleblower award ranging from 10% to 30% of the total amount collected. This incentive encourages individuals to come forward with information that might otherwise remain hidden.
For example, if the SEC collects $10 million in sanctions due to your tip, you could receive an award ranging from $1 million to $3 million. Malecki Law has helped whistleblowers secure the full 30% award, demonstrating the value of skilled legal representation in these cases.
Why Whistleblowers Need Skilled Legal RepresentationWhile submitting a whistleblower tip may seem straightforward, the process requires careful preparation and strategic advocacy. Whistleblowers must provide detailed, credible evidence that clearly demonstrates wrongdoing. Without proper legal guidance, whistleblowers risk submitting incomplete or improperly framed information that fails to attract the SEC’s attention.
Additionally, whistleblowers must be aware of their rights and protections under the law. Retaliation by employers is illegal, but it still occurs. At Malecki Law, we ensure that your rights are protected every step of the way, and we take swift action if you face retaliation for speaking out.
Bring Unethical and Illegal Conduct to Light With the Help of Malecki LawIf you have information about securities fraud, market manipulation, or other violations, blowing the whistle can make a significant difference. Not only can you help protect investors and hold wrongdoers accountable, but you may also be eligible for a substantial financial reward.
At Malecki Law, we have the experience and skills needed to guide you through the whistleblower process. Contact us today at (212) 943-1233 or reach out online to schedule a confidential consultation. Whether you are submitting your first tip or need protection from retaliation, Malecki Law is here to help you every step of the way.
Transcript:
Most people don’t know that anyone can be a whistleblower and any type of information they have as to wrongdoing and in a public company or a private company issuing securities is doing.
Now, we represent SEC whistleblowers, we’re not there are other types of cases, but we specialize really in handling matters that are in our practice area.
You know you could hear something at a lunch table and it used to be the in the day although different these days that you could go to very active wall street restaurants and hear people talking about deals.
You could overhear something and you could submit a tip, it could be something in your employment that you see is very wrong and you could report it up the firm, or you can report it directly to the SEC and you can’t be retaliated against because retaliation is just yet another thing to blow the whistle on.
You could have analytics, you could be a very smart person who is able to analyze something in the market and say you know this is wrong, this you know this can’t be happening, this way, this is an anomaly and show an analytical study to the SEC and blow the whistle on let’s say a market manipulation that you can mathematically show is impossible.
So that is uh an area where we have found a way to get really the SEC’s attention, we have had many whistleblower cases where we’re dealing directly with SEC investigators.
A whistleblower can get a bounty of up between 10 and 30% of whatever the SEC or other regulators collect as a result of the tip we’ve gotten 30% full awards
So it is something that is absolutely worthwhile, it is not the hardest thing to do but it does take skill so it’s not extremely time consuming for the whistleblower per se um but it it can be very lucrative.