SuperLawyers Recognizes for 11th Year Finch McCranie’s Michael A. Sullivan
We are proud to announce that Finch McCranie partner and head of its Whistleblower practice Michael A. Sullivan has been named to the “SuperLawyers” list for the eleventh consecutive year. <!– –>
Justice Department’s New Focus on Individuals’ Liability in “Yates Memo” Should Impact Qui Tam Whistleblower Cases under False Claims Act
Yesterday the Justice Department apparently responded to the frequent lament, “Why has almost no one gone to prison for the financial crisis?” DOJ signaled that it will now look to hold responsible both culpable individuals and their companies for corporate misdeeds–both criminally and civilly. If DOJ means what it says, this policy change is profound. […]
SEC Whistleblower Office’s Stand Against “Silencing” Employees Through “Confidentiality” Agreements
Sean McKessy of the SEC Whistleblower Program is right to continue his mission against muzzling whistleblowers through “confidentiality” agreements, for one simple reason: Intimidating witnesses from reporting fraud is a form of obstruction of justice. Although “confidentiality” agreements may appear innocent on their face, a company’s suggesting in any way that its employees refrain from […]
Qui Tam, IRS, CFTC, and SEC Whistleblower Claims Update: Today’s Whistleblower Law Symposium A Success
Since 2007, top officials from federal and state agencies and many of the country’s experts in whistleblower cases have gathered in Atlanta to discuss and debate anti-fraud efforts at the Whistleblower Law Symposium. Today I was excited to chair our Whistleblower Law Symposium once again, as these experts explored the latest developments in qui tam […]
Today’s SEC Whistleblower Award to Former Officer of Company Shows Flexibility of SEC Whistleblower Rules
The SEC announced today its first SEC Whistleblower award to a former company officer. The award of a half-million dollars was for “original, high-quality information about a securities fraud,” which resulted in an SEC enforcement action with sanctions of more than $1 million. Typically, corporate officers, directors and other corporate fiduciaries are not eligible for […]
SEC Welcomes SEC Whistleblowers Who Are Foreign Citizens Living Abroad
Yesterday’s record award to an SEC whistleblower has far-reaching consequences because the SEC made clear it will reward foreign citizens living abroad who meet its criteria for a whistleblower award. This decision rejects any suggestion that the SEC Whistleblower Program’s reach ends at the nation’s borders. The SEC recognized that a leading federal appeals court […]
SEC Whistleblower Receives Record Award of $30 Million
Today the SEC Office of the Whistleblower announced the largest-ever award to an SEC whistleblower: $30 million to a whistleblower living abroad. The size of the award reflects the SEC’s seriousness about utilizing whistleblowers’ information to expose major securities violations. The SEC described this as “ongoing fraud that would have been very difficult to detect” […]
FATCA – Foreign Bank Account Headaches
FATCA is being implemented in a number of countries outside the U.S., with the result that U.S. individuals who hold foreign bank or financial accounts and have not disclosed these accounts in the U.S., are about to be reported to the IRS. (This post is by our colleague Richard Rubin of Rubin Law (www.rubinlaw.us), a […]
What the Just-Released 2013 IRS Whistleblower Office Annual Report Means for Future Tax Whistleblowers
The just-released FY 2013 IRS Whistleblower Office Annual Report reveals clues to what the future holds for tax whistleblowers. Steve Whitlock, Director of the IRS Whistleblower Office, gave a preview last Fall. Listening to an audience react enthusiastically to his SEC counterpart Sean McKessy discuss awarding more than $14 million to a whistleblower, Whitlock wryly […]
New York False Claims Act Case Against Sprint Nextel Takes Giant Step Forward
In a momentous decision that will impact many future cases, New York Attorney General Eric Schneiderman has just won a major victory in his pioneering tax fraud case against Sprint Nextel Corp. The Appellate Division unanimously affirmed the trial court’s 2013 ruling (background discussed here) to allow Schneiderman’s first tax enforcement case under the New […]