What Does Anonymous SEC Whistleblowing Involve?

Whistleblowers must be represented by an attorney to maintain anonymity. The attorney will submit the information on their behalf. The attorney is responsible for verifying the whistleblower's identity and acting as an intermediary between the whistleblower and the SEC.

Anonymous SEC Whistleblowing
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This information is provided for educational purposes only by Kohn, Kohn & Colapinto and does not constitute legal advice. No attorney-client relationship is created by accessing this content. Laws and regulations may change, and this material may not reflect the most current legal developments. If you believe you have a whistleblower claim, consult a qualified attorney to discuss your specific circumstances.

The SEC Whistleblower Program encourages individuals to report potential securities law violations to the U.S. Securities and Exchange Commission (SEC).

Whistleblowers must be represented by an attorney to maintain anonymity. The attorney will submit the information on their behalf. The attorney is responsible for verifying the whistleblower’s identity and acting as an intermediary between the whistleblower and the SEC.

An attorney will ensure that the necessary forms submitted, including the SEC Form TCR (Tip, Complaint, or Referral) to the Office of the Whistleblower, do not include any personally identifiable information.

The SEC has done a stellar job at protecting the identity of whistleblowers, including those who report anonymously. However, some exceptions do occur, such as when disclosures are required in connection with a judicial or administrative proceeding.

Throughout the entire case, the whistleblower’s attorney remains the primary point of contact with the SEC throughout the investigation. As stated above, the whistleblower’s attorney will act as the intermediary and facilitate communication between the whistleblower and the SEC while maintaining the whistleblower’s anonymity.

When the SEC takes enforcement action based on the whistleblower’s original, credible, and timely information and collects more than $1 million in sanctions, the whistleblower may be eligible for an award ranging from 10 to 30 of the amount collected.

To claim an award, the whistleblower’s attorney will submit a Form WB-APP (Application for Award for Original Information Provided Pursuant to Section 21F of the Securities Exchange Act of 1934) on behalf of the whistleblower.

Anonymous whistleblowing protects those who fear retaliation or other adverse consequences for doing the right thing – reporting potential securities law violations.

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Now Of Counsel at Kohn, Kohn & Colapinto, Allison Herren Lee is ready to serve and protect whistleblowers, and help them seek rewards under the Dodd-Frank Act and SEC Whistleblower Program. If you’re an SEC whistleblower seeking to report a concern, contact our law firm today to speak confidentially with Allison Lee.

Joseph Orr

Joseph Orr

Joseph Orr is a whistleblower policy researcher and legal content specialist with nearly a decade of experience covering U.S. and international whistleblower law. His work focuses on legislative developments, regulatory enforcement trends, and legal protections for whistleblowers worldwide.

Joseph’s research and writing appear in leading whistleblower publications including Whistleblower Network News, the National Whistleblower Center, International Whistleblower Advocates (IWA), Tax Whistleblower Attorney Group and Kohn, Kohn & Colapinto, LLP — one of the nation’s preeminent whistleblower law firms.

His content initiatives have expanded public awareness of whistleblower rights across SEC, CFTC, IRS, and False Claims Act programs.

Prior to his focus on whistleblower advocacy, Joseph spent nearly 10 years in strategic brand communications working alongside Hayes Roth, former Global CMO of Landor Associates, developing expertise in research methodology, audience analysis, and persuasive content strategy.

EXPERTISE

  • U.S. whistleblower programs (SEC, CFTC, IRS, FinCEN, False Claims Act/Qui Tam)
  • International whistleblower legislation and EU Directive compliance
  • Legal research and legislative analysis
  • Search marketing and content strategy for law firms

CREDENTIALS

  • B.A., Business Administration — College of Charleston, South Carolina
  • Principal, Joseph Orr and Associates LLC
  • New York, NY and San Diego, CA

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