Can I Submit an SEC Whistleblower Claim During an Open Investigation?

Whistleblowers can submit an SEC Whistleblower claim even if the Securities and Exchange Commission (SEC) already has an ongoing investigation into the matter. The SEC welcomes and encourages individuals to come forward with valuable information that can aid in their investigations, regardless of the current stage of the investigation

Can I Submit an SEC Whistleblower Claim During an Open Investigation
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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.

Whistleblowers can submit an SEC Whistleblower claim even if the Securities and Exchange Commission (SEC) already has an ongoing investigation into the matter.

The SEC welcomes and encourages individuals to come forward with valuable information that can aid in their investigations, regardless of the current stage of the investigation.

Even if an investigation is already open, new information can provide significant assistance in the form of adding a new perspective, corroborating existing evidence, or shedding light on a previously unexplored aspect of the case.

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Contact Allison Lee

We are delighted to announce the addition of former SEC Acting Chair, Allison Herren Lee, to our team, further solidifying our commitment to protecting SEC whistleblowers.

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

Timely Reporting to the SEC

It is important to note that the timing of your submission might affect your eligibility for a whistleblower award. The SEC whistleblower reward program incentivizes individuals to report securities law violations as early as possible.

The program operates on a ‘first-in-time’ basis, which means that if you are the first individual to provide the SEC with original information that leads to a successful enforcement action, you may be eligible for a financial award ranging from 10% to 30% of the monetary sanctions collected.

However, if another whistleblower has already submitted the same information, or if the SEC is already aware of the information through other sources, you may not be eligible for the reward, even if your information contributes to the success of the enforcement action.

That’s why it is crucial to file your SEC whistleblower claim as soon as you become aware of a potential SEC violation. By reporting immediately, you not only increase your chances of receiving an award, but you also contribute significantly to the SEC’s efforts to protect investors and maintain the integrity of the U.S. financial markets.

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Rules for Whistleblowers

Learn more about SEC whistleblowing by reading founding partner Steve Kohn’s latest book, Rules for Whistleblowers: A Handbook for Doing What’s Right.

You can also browse the Law Library for more information on the SEC Whistleblower Program.

See Rule 19: Dodd-Frank (Securities & Commodities): Report to the SEC/CFTC

SEC Whistleblower Protections

Before deciding to report, whistleblowers should keep in mind that the SEC Whistleblower Program provides robust protections against retaliation and offers confidentiality to individuals who report securities law violations. So, you can report wrongdoing without fear of reprisals.

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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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