Whistleblower
Practice Overview
Whistleblower claims can result in complicated compliance problems and serious damage to a company’s reputation and brand. Buckley counsels and defends businesses and individuals facing these often serious allegations and complex claims. Our team navigates clients through and beyond internal investigations, government enforcement actions, and whistleblower and qui tam actions arising out of the False Claims Act (FCA); Sarbanes-Oxley Act of 2002 (SOX); Dodd-Frank Wall Street Reform and Consumer Protection Act; Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA); and other whistleblower statutes.
Our attorneys work with clients to draft and implement whistleblower policies and procedures, as well as establish internal reporting mechanisms such as hotlines and ombudsmen. We conduct reviews of existing whistleblower programs and revise existing policies and procedures. In the event a claim should ensue, we assist with internal investigations in response to allegations of wrongdoing, address Securities and Exchange Commission (SEC) disclosure issues and render appropriate recommendations for remediation and reporting, as well as counsel clients in connection with retaliation claims.
Our team includes former government prosecutors, SEC attorneys, and seasoned litigation defense counsel. Notably, one of our team members is a 20 year veteran of the SEC and former Chief of the Office of Market Intelligence, who was involved in whistleblower rule writing and the organization and launch of the SEC’s Whistleblower Office called for by Dodd-Frank. Another served as Chief of the Civil Division of the Manhattan U.S. Attorney’s Office (Southern District of New York, SDNY), and established and supervised the SDNY’s Civil Frauds Unit, which handles whistleblower investigations and lawsuits under the FCA and FIRREA.
Representative matters:
- Led an internal investigation for a publicly traded bank into whistleblower claims of AML noncompliance
- Handled an internal investigation for a publicly traded bank into whistleblower claims of Suspicious Activity Report improprieties
- Directed investigation for a publicly traded mortgage originator into allegations of appraisal fraud
- Led an internal investigation for a publicly traded company into allegations of noncompliance with rules and regulations governing when costs could be sought from the federal government
- Handled a retaliation investigation for a top 10 financial institution relating to numerous allegations of improper mortgage practices
- Successfully represented a top mortgage loan servicer in an FCA qui tam investigation into servicing and loss mitigation activities, in which the government declined to intervene in the case; the district court dismissed the case on motion, and the Sixth Circuit upheld the dismissal
- Successfully represented a national financial services firm in an FCA qui tam investigation by the U.S. Attorney’s Office for the SDNY, in which the government declined to intervene in the case and the relator’s case was voluntarily dismissed
Articles
"SEC flexes regulatory and enforcement muscles in pandemic markets" by Thomas A. Sporkin and Timothy J. Coley
The Securities and Exchange Commission is sticking to its three-fold mission of protecting investors, maintaining fair and orderly markets, and encouraging capital formation as it responds to the Covid-19 pandemic by issuing regulatory guidance on crisis-relevant market and capital issues,...
Buckley Commentary & Analysis"It's all in the footnotes: A field guide to SEC whistleblower awards" by Christopher F. Regan, Thomas A. Sporkin, and Ian J. Acker (American Bar Association Business Law Today)
More than seven years since the Dodd-Frank Act’s whistleblower incentive provisions became effective, and more than five years since the first SEC whistleblower program award, only a few courts have put the program under a microscope. In the absence of meaningful case law and in light of the SEC’s...
Articles"Corporate America, expect a spike in SEC reporting" by Christopher F. Regan, Thomas A. Sporkin, Timothy J. Coley and Ian Acker (Law360)
Eight years ago, the big debate between corporate America and the U.S. Securities and Exchange Commission was whether whistleblowers should be required to report internally before being eligible for awards and protections under Dodd-Frank’s anti-retaliation provisions. Ultimately, the SEC decided...
Articles"Supreme Court limits definition of ‘whistleblower’ in potentially hollow victory for public companies" by Christopher F. Regan, and Thomas A. Sporkin (Westlaw)
On February 21, the U.S. Supreme Court issued its opinion in Digital Realty Trust, Inc. v. Somers, a long-anticipated case that clarifies who is protected as a “whistleblower” under the Dodd-Frank Act’s anti-retaliation provisions In a unanimous decision penned by Justice Ginsburg, the Court held...
ArticlesSpecial Alert: Supreme Court limits definition of “whistleblower” in potentially hollow victory for public companies
On February 21, the U.S. Supreme Court issued its opinion in Digital Realty Trust, Inc. v. Somers , a long-anticipated case that clarifies who is protected as a “whistleblower” under the Dodd-Frank Act’s anti-retaliation provisions. In a unanimous decision penned by Justice Ginsburg, the Court held...
Special Alerts"Cooperation in False Claims Act investigations: The benefits of conducting a proactive internal investigation" by Andrew W. Schilling (Bloomberg Law)
Most companies that receive a civil investigative demand (CID) in a False Claims Act (FCA) investigation decide early that they will ‘‘fully cooperate’’ with the government’s investigation. That’s an easy decision because there really is no alternative: Failure to cooperate with the Justice...
Articles"The False Claims Act seal: Does it bind and gag the defendant?" by Andrew W. Schilling and Megan E. Whitehill (Business Crimes Bulletin)
A company that finds itself the target of a federal fraud investigation often faces the fraught question of whether it may, or even must, disclose the existence of that investigation to third parties, such as its investors, shareholders, major creditors, or insurers. The question can be even more...
Articles"Why securities lawyers are the new employment lawyers" by Christopher F. Regan, and Thomas A. Sporkin (Law360)
In early 2018, corporate America will be waiting with bated breath as the U.S. Supreme Court decides a game-changing whistleblower retaliation case. For employees thinking about blowing the whistle on financial malfeasance, this decision will resolve a circuit split and clarify when protections...
ArticlesDodd-Frank Anti-Retaliation Provision May Lead to More Lawsuits That Raise Compliance Issues
Much attention has been focused on the increasing role of whistleblowers in the government’s pursuit of financial fraud. Several federal statutes create bounty programs, allowing whistleblowers who bring fraud to the government’s attention to recover significant sums. The Dodd-Frank Wall Street...
ArticlesNew York Becoming the Leading Venue for Financial Fraud Whistleblower Suits
Prolific bank robber Willie Sutton reportedly once said he robbed banks because "that's where the money is." Judging by recent trends, whistleblowers might now give the same reason for filing their financial fraud suits in New York, which has quickly become the venue of choice for financial fraud...
ArticlesWhistle-Blower Bounties May Encourage Residential Mortgage-Backed Securities Fraud Reporting
The False Claims Act, 31 U.S.C. § 3729, which has been around since the Civil War, permits whistle-blowers with information about fraud perpetrated upon the U.S. government to bring civil fraud suits on behalf of the United States and share in the recovery. While much attention is paid to the...
Articles
News & Blogs
CFTC awards $6 million to whistleblower for CEA action
On June 9, the Commodity Futures Trading Commission (CFTC) announced a more than $6 million whistleblower award to a claimant who reported “specific, credible and timely” information that led to a successful Commodity Exchange Act (CEA) enforcement action. The associated order notes that the...
InfoBytesSEC issues $2 million whistleblower award
On April 3, the SEC announced an approximately $2 million award to a whistleblower in an enforcement action. According to the SEC’s press release, the whistleblower “provided vital information and assistance that substantially contributed to an ongoing investigation” that would otherwise have “been...
InfoBytesSEC announces $450,000 compliance-related whistleblower award
On March 30, the SEC announced a $450,000 award to a whistleblower in an enforcement action. According to the formal order , the whistleblower—who had compliance-related responsibilities at the company at issue in the enforcement action—suffered “unique hardships” after first attempting to report...
InfoBytesCFPB announces advisory opinion program, updates business conduct bulletin, proposes whistleblower award legislation
On March 6, the CFPB announced three new measures it is undertaking to prevent customer harm, including (i) implementing an advisory opinion program; (ii) updating its bulletin regarding responsible business conduct; and (iii) advancing whistleblower award legislation through engagement with...
InfoBytesSEC issues $7 million whistleblower award
On February 28, the SEC announced an award of over $7 million to a whistleblower in an enforcement action. According to the SEC’s press release, the whistleblower “provided extensive and sustained assistance, such as identifying witnesses,” which was “critically important to the success of [the]...
InfoBytesDistrict court dismisses FCA claims against student loan collectors
On February 11, the U.S. District Court for the District of Columbia dismissed a relator’s False Claims Act claims, which alleged that a group of prime private student loan debt collectors (defendants) defrauded the federal government of funds intended for small businesses in relation to contracts...
InfoBytesSEC monetary sanctions in whistleblower program top $2 million for 2019
On November 15, the SEC announced it issued its fiscal year 2019 whistleblower program annual report to Congress, which states that since the program’s inception, the SEC has ordered over $2 billion in total monetary sanctions in enforcement actions that resulted from information brought by...
InfoBytes2nd Circuit denies three petitioners seeking whistleblower awards for SEC settlement
On November 8, the U.S. Court of Appeals for the Second Circuit denied petitions from three whistleblowers seeking awards following a $55 million settlement between the SEC and a global financial institution, which the SEC previously denied. According to the opinion, multiple individuals disclosed...
InfoBytesSEC charges online auction portal with violating whistleblower protection laws
On November 4, the SEC announced the filing of an amended complaint in an action against an online auction portal and its CEO (collectively, “defendants”), along with the CEO’s wife as a relief defendant. The original complaint, filed in May, alleged that defendants operated a $23 million...
InfoBytesFifth Circuit affirms dismissal of reverse-false-claims action in benefits payment fraud matter
On October 7, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a whistleblower’s reverse-false-claims action because it was barred by the False Claims Act’s (FCA) public-disclosure provision and the alleged scheme was not plead with sufficient detail. The relator, a former...
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"SEC flexes regulatory and enforcement muscles in pandemic markets" by Thomas A. Sporkin and Timothy J. Coley
Recent Blog Posts
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June 11, 2020
CFTC awards $6 million to whistleblower for CEA action
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April 8, 2020
SEC issues $2 million whistleblower award
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April 2, 2020
SEC announces $450,000 compliance-related whistleblower award
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March 10, 2020
CFPB announces advisory opinion program, updates business conduct bulletin, proposes whistleblower award legislation
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March 3, 2020
SEC issues $7 million whistleblower award