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Mortgage Fraud and Bank Fraud Lawyers2020-06-02T01:49:48+00:00

We Successfully Obtained a Whistleblower Reward in Ground-Breaking Mortgage Fraud Case

Kohn, Kohn & Colapinto represents bank fraud whistleblowers and mortgage fraud whistleblowers who file their cases under the False Claims Act.

Kohn, Kohn & Colapinto represented Robert Harris, a former assistant vice president in JPMorgan’s Chase Prime mortgage division. Robert Harris accused the bank of failing to assist borrowers seeking Home Affordable Modification Program (HAMP) assistance and knowingly submitting false claims for government insurance based on wrongful foreclosures. He was fired after he complained internally, and Kohn, Kohn & Colapinto successfully represented Mr. Harris in a False Claims Act lawsuit.

This case was not immediately apparent that it was actionable under the False Claims case. KKC pioneered a new theory of liability to apply qui tam law in this case.

The United States government and several state governments reached a settlement agreement to resolve these lawsuits, and Mr. Harris was awarded $1.2 million under the False Claims Act for his contributions to the government’s investigation.

If you have knowledge of mortgage fraud or banking fraud and need a whistleblower advocate to help you with your case, please contact us.

For more information on mortgage fraud and banking fraud, visit The Whistleblower and Qui Tam Blog.

Read our Frequently Asked Questions (FAQs) Page: What is Qui Tam?

Whistleblower Media

Frequently Asked Questions

Are there any circumstances where the SEC must reveal the identity of a whistleblower or information that could lead to the revelation of a whistleblower’s identity?2020-06-02T02:12:42+00:00

Yes, under very limited circumstances. The U.S. Constitution may require that a defendant be provided access to information provided to the SEC by an anonymous whistleblower in a criminal proceeding. Additionally, the SEC may provide whistleblower-information to other regulatory law enforcement authorities when “the Commission determines that it is necessary to accomplish the purposes of the Exchange Act” and to “protect investors.” In such cases, which rarely happens, the SEC’s rule states that “it may provide [whistleblower] information to the Department of Justice, an appropriate regulatory authority, a self-regulatory organization, a state attorney general in connection with a criminal investigation, any appropriate state regulatory authority, the Public Company Accounting Oversight Board, or foreign securities and law enforcement authorities.” All of the U.S. authorities identified above must adhere to the same confidentiality requirements as does the SEC. In regard to foreign securities or law enforcement authorities, the SEC must “determine what assurances of confidentiality it deems appropriate” in order to protect the whistleblower when providing information to foreign authorities. in providing such information to foreign securities and law enforcement authorities.

Will the SEC pay an award to an anonymous whistleblower?2020-06-02T02:12:08+00:00

Yes. However, if the anonymous whistleblower wants to apply for a reward he or she must inform the SEC as to his or her identity. The SEC will strictly maintain the identity of the anonymous whistleblower, but needs to know who will receive the reward payment. The SEC must insure that the whistleblower applying for the award is not a disqualified person, such as an employee of the SEC.

How does filing an anonymous complaint work?2020-06-02T02:11:23+00:00

The anonymous whistleblower is required to hire a licensed U.S. attorney. The whistleblower lawyer acts as the intermediary between the whistleblower and the SEC, and can play a key role in ensuring that the whistleblower’s information if understood by the government and can be used for the investigation. It is very important that a whistleblower retains an experienced qui tam attorney or expert whistleblower lawyer to represent him or her as an anonymous whistleblower. There are very specific rules that must be followed in order to be an anonymous SEC whistleblower.

Can a whistleblower file an anonymous complaint with the SEC?2020-06-02T02:10:56+00:00

Yes, the Dodd-Frank Act has a special provision that permits whistleblowers to file their TCR complaint anonymously and qualify for a whistleblower reward.

Does the U.S. Securities and Exchange Commission (“SEC”) protect the confidentiality rights of whistleblowers?2020-06-02T02:10:19+00:00

Yes. It is the official policy of the SEC to treat all “tips” or whistleblower complaints as “confidential and non-pubic.” If a whistleblower files their information under to the Dodd-Frank Act whistleblower law, and provides the information using the official “Tips, Complaints and Referrals” form (known as a TCR), additional confidentiality protections may be applicable.

What should a whistleblower do if he or she witnesses an environmental violation?2020-05-22T16:12:08+00:00

Anyone who witnesses an environmental violation should immediately contact an experienced whistleblower attorney. First, the facts of the case must be carefully screened to determine if the violation is covered under an effective whistleblower reward law. Second, because of the very short statute of limitations for filing a retaliation case, it is important to prepare for a potential employment case as quickly as possible.

How effective are the environmental whistleblower laws?2020-05-22T16:11:38+00:00

The CAA, TSCA, WPCA, Superfund, SWDA and SDWA are older whistleblower laws and do not contain many of the more effective procedures contained in more recent whistleblower laws. They have very short statutes of limitation (30-days) and must be filed with the U.S. Department of Labor. However, the case law developed within the DOL has been fairly progressive and whistleblowers can obtain significant damages in DOL proceedings. The AEA is very similar to the other environmental laws, but it has a longer statute of limitations, and permits whistleblowers to remove their cases to federal court for a jury trial.

Can environmental whistleblowers obtain whistleblower rewards if their information results in a successful enforcement action?2020-05-22T16:11:08+00:00

The only reward law directly related to environmental protection is the Act to Prevent Pollution on Ships (APPS) which covers pollution on the high seas. A federal court can award a whistleblower up to 50% of sanctions for APPS violations. However, environmental violations can trigger rewards under anti-fraud laws. For example, importing lumber that was cut from a protected area can constitute a customs violation under the False Claims Act. Likewise, paying bribes to obtain oil or mineral leases in developing countries can constitute violations of the Commodity or Security Exchange Acts or the Foreign Corrupt Practices Act.

What there whistleblower laws covering violations of environmental law?2020-05-22T16:09:51+00:00

Yes. The major federal environmental laws have anti-retaliation provisions that prevent discrimination against whistleblowers. These include the Clean Air Act (CAA), Safe Drinking Water Act (SDWA), Solid Waste Disposal Act (SWDA), Atomic Energy Act (AEA), Superfund, Water Pollution Control Act (WPCA) and the Toxic Substances Control Act (TSCA). Additionally, many states have laws or court precedents that protect environmental whistleblowers. These laws prevent employment discrimination, but do not allow for the payment of rewards.

What laws permit whistleblower to obtain a reward?2020-05-22T16:06:58+00:00

The major laws are the False Claims Act (covering government procurement and contracting, including Medicare and Medicaid spending), the Securities and Exchange Act, the Commodity Exchange Act, the IRS tax laws, and the auto safety law. Each of these programs require that payment of rewards to qualified whistleblowers. There are other laws that are not mandatory, including the Act to Prevent Pollution on Ships, the Endangered Species Act and the Lacey Act.

How is the amount of an award determined?2020-05-22T16:06:32+00:00

Most of the reward laws have a mandatory minimum and maximum award level. Under the False Claims Act and IRS whistleblower law the minimum award is 15% and the maximum award if 30%. Under the Security Exchange Act, Commodity Exchange Act and FCPA the minimum award is 10% and the maximum award if 30%. To qualify for a reward the whistleblower’s original information must be responsible for a successful enforcement action or prosecution.

How do the reward laws work?2020-05-22T16:06:05+00:00

Each qui tam whistleblower reward law has its own filing procedures and rules. These rules must be carefully followed in order to qualify for a reward. The requirements are unforgiving. The failure to properly file a reward claim can result in the denial of a reward, even if your information resulted in a successful enforcement action, and the government collects millions of dollars based on your information. , a private party known as a relator or a whistleblower brings an action on the government’s behalf against a person or company who is believed to have violated the law. The qui tam whistleblower can receive monetary rewards if their disclosures result in a successful enforcement action. These include laws covering government procurement and contracting, Medicaid or Medicare frauds, securities and commodities frauds, tax evasion or the underpayment of taxes, money laundering, and foreign bribery, among others.

What are whistleblower reward laws?2020-05-22T16:05:39+00:00

Whistleblower reward laws are based on an old-fashioned law enforcement procedure known as qui tam (a Latin phrase which means “in the name of the King).” The laws incentivize reporting illegal conduct by offering a reward. The rewards are tied to the size of the enforcement action. The major U.S. qui tam reward laws pay whistleblowers between 10%-30% of the amount of sanctions obtained by the government. The bigger the fraud, the bigger the fines. This encourage whistleblowers to report major crimes.

Can a COVID-19 fraud case be anonymously filed?2020-05-22T16:03:57+00:00

This depends on the law. If the case concerns illegal conduct by a publicly traded company the whistleblower may be able to use the anonymous filing rules under the SEC whistleblower program. If the case concerns Medicare and Medicaid supported health programs, the claim is governed by the filing rules of the False Claims Act. Under the FCA the initial complaint is filed confidentially, and your identity is protected during the government’s investigatory process. However, once a case is prosecuted, settled or dismissed, the case may become a matter of public record.

How are Medicare/Medicaid whistleblowers who disclose COVID-19 related frauds rewarded?2020-05-22T16:03:14+00:00

Qui tam relators are paid directly by the government from recoveries obtained in successful False Claims Act cases. The payments range between 15 and 30 percent of the entire recovery.

Do other federal laws cover frauds in COVID-19 related programs?2020-05-22T16:02:47+00:00

Yes. For example the Securities and Exchange Commission have already taken enforcement actions against companies for making false statements about the medical efficacy of their products. Fraud laws, such as those covering the SEC and tax evasion and frauds, have very effective whistleblower reward provisions.

Does the False Claims Act cover poor medical treatments?2020-05-22T16:02:11+00:00

Yes. The False Claims Act can cover inadequate medical care is provided in violation of federal or state rules. Also nursing homes, where the coronavirus has hit particularly hard, are often paid for by Medicaid, are covered under the False Claims Act.

How do I report health care frauds related to the coronavirus?2020-05-22T16:01:36+00:00

Whistleblowers who report frauds in government sponsored programs, such as Medicare and Medicaid, are protected under the extremely powerful and effective qui tam provisions of the False Claims Act. A majority of states have also passed False Claims Act laws covering state and local medical spending.

What if I live outside the US? Can I still hire an experienced FCPA whistleblower attorney?2020-05-22T16:01:12+00:00

Kohn, Kohn & Colapinto (KKC) has many international whistleblower clients who file FCPA cases. KKC currently represents an individual who is responsible for uncovering what many experts say is the largest money laundering scandal in banking history.

Can whistleblowers file their claims anonymously under the FCPA?2020-05-22T16:00:07+00:00

Yes. In order to file an anonymous reward claim you must first hire an attorney. The attorney collects the information from the whistleblower and then files the claim on behalf of the whistleblower to either the SEC or the CFTC. The SEC/CFTC knows who the attorney is, but not the identity of the whistleblower. This way, the whistleblower’s identity can remain protected throughout the investigation. Because U.S. anti-retaliation laws are difficult (if not impossible) to enforce in a foreign country, international whistleblowers are strongly advised to take advantage of the confidential provisions permitted in FCPA cases.

Can non-U.S. citizens obtain whistleblower rewards?2020-05-22T15:58:00+00:00

Non-U.S. citizens have obtained hundreds of millions of dollars in whistleblower rewards and are fully eligible to participate in all of the major reward programs, including those covering tax frauds, money laundering, securities or commodities frauds, foreign bribery, and fraud in government contracting or procurement

What if I live outside the US? Can I still obtain a CFTC whistleblower attorney?2020-05-22T15:56:33+00:00

CFTC whistleblowers who live outside of the U.S. can obtain attorneys to assist in filing their Commodity Exchange Act case. In order to file an anonymous claim you are required to hire a licensed U.S. attorney. To determine whether you have a case you can Request a free consultation with an experienced whistleblower attorney.

What if I live outside the US? Can I still hire a tax fraud attorney and collect an award?2020-05-22T15:51:55+00:00

Yes. Whistleblowers who live outside the U.S. can (and have) qualified for hundreds of millions of dollars in rewards. If you reside abroad you should obtain and experienced whistleblower attorney to ensure that you can qualify for a reward.

What are the fees usually charged by an attorney to file a False Claims Act whistleblower case?2020-05-22T15:41:10+00:00

Many whistleblower attorneys work for a “contingency” fee. If the whistleblower loses his or her case, they do not owe the attorney any money. A typical contingency fee for whistleblower attorney is between 30-40% of the amount awarded

What if I live outside the US? Can I still obtain a SEC whistleblower attorney?2020-05-22T15:35:54+00:00

Yes. Non-U.S. citizens can file cases and be represented by whistleblower attorneys.

What are the fees usually charged by an attorney to file a SEC whistleblower case?2020-05-22T15:34:34+00:00

Many whistleblower attorneys work for a “contingency” fee. The client does not have to pay any advance attorney fees. If the whistleblower loses his or her case, they do not owe the attorney any money. A typical contingency fee for whistleblower attorney is between 30-40% of the amount awarded.

How is the amount of an award determined?2020-05-22T15:27:09+00:00

Most of the reward laws have a mandatory minimum and maximum award level. Under the False Claims Act and IRS whistleblower law the minimum award is 15% and the maximum award if 30%. Under the Security Exchange Act, Commodity Exchange Act and FCPA the minimum award is 10% and the maximum award if 30%.

What is a qui tam whistleblower case?2020-05-22T15:26:02+00:00

The term qui tam is a Latin phrase which means “in the name of the King.” Qui tam lawsuits or claims allow individuals to earn financial rewards on the government’s behalf if their disclosures lead to successful enforcement actions. Permitting whistleblowers to use qui tam laws to obtain rewards is now incorporated into many modern whistleblower laws, including the False Claims Act.

Can I Hire Whistleblower Attorneys At Kohn, Kohn And Colapinto If I Live Outside The US?2020-05-22T14:29:16+00:00

Yes. Kohn, Kohn & Colapinto represents many whistleblowers who reside outside of the United States.

Can I Report Coronavirus Fraud On My Own? Why Do I Need A Whistleblower Attorney?2020-05-22T14:28:53+00:00

The laws covering coronavirus frauds are complicated and can be different for every case. It is essential to seek the representation of an experienced qui tam attorney.

How Do I Report Suspected Coronavirus And Other Pandemic-Related Fraud?2020-05-22T14:28:07+00:00

Whistleblowers should use the qui tam provisions of the False Claims Act to report allegations of coronavirus fraud. Qui tam whistleblowers can confidentially file lawsuits in federal court and receive monetary rewards from the government for their efforts.

Which Laws Are In Place To Protect Coronavirus Whistleblowers?2020-05-22T14:27:48+00:00

Many laws, including federal, state, and private sector laws, cover frauds related to coronavirus. The most powerful law covering coronavirus frauds is the qui tam provisions of the False Claims Act.

What Exactly Is Coronavirus Fraud, And How Is It Being Defined?2020-05-22T14:27:01+00:00

Coronavirus fraud can take several forms. The massive amount of federal spending will lead to misplaced funds and money stolen from taxpayers. Fraudsters will try to sell fake vaccines and treatments to consumers, targeting the elderly, and higher-risk populations.

Can I hire whistleblower protection attorneys at Kohn, Kohn and Colapinto if I live outside of the US?2020-05-21T21:09:10+00:00

Yes. Kohn, Kohn & Colapinto represents many whistleblowers who reside inside or outside of the United States. Almost all of our international clients are confidential or anonymous

Why do I need a whistleblower attorney? Am I still protected if I blow the whistle on my own?2020-05-21T21:08:45+00:00

It can be extremely difficult to navigate whistleblower laws. Whistleblower attorneys can help you find the best law to use and obtain the largest reward possible.

Can I be fired for blowing the whistle on my employer?2020-05-21T21:08:23+00:00

No, but…If you lawfully blow the whistle under a federal whistleblower protection law you cannot be fired. However, many whistleblowers are terminated and it is difficult to prove a retaliation case. It is best practice to contact an experienced whistleblower attorney before you make a disclosure.

What federal protection acts exist to protect whistleblowers?2020-05-21T21:07:51+00:00

There are over 50 different federal laws covering federal, state, and private sector employees. Many of these laws provide for confidential or anonymous whistleblowing.

How does Kohn, Kohn and Colapinto protect whistleblower anonymity?2020-05-21T21:07:31+00:00

Many of our clients are fully anonymous and confidential. We help whistleblowers use certain laws that protect their identity, such as the Dodd-Frank Act, Foreign Corrupt Practices Act and laws covering tax evasion.

Can I hire whistleblower attorneys Kohn, Kohn and Colapinto if I live outside of the US?2020-05-21T21:05:53+00:00

Yes. Kohn, Kohn & Colapinto represents clients with whistleblower retaliation cases who reside inside or outside of the United States. However, most U.S. whistleblower laws only permit non-U.S. whistleblowers to obtain a whistleblower reward, but do not cover employment matters.

Why do I need a whistleblower attorney?2020-05-21T21:05:31+00:00

Companies will often feel threatened by whistleblowers, and lash out aggressively. Blowing the whistle means putting your reputation and career on the line. You need a whistleblower attorney in your corner to protect your rights.

What are the statute of limitations for reporting retaliation?2020-05-21T21:05:07+00:00

It depends on the law you are using. Some deadlines are as short as 30 days, some as long as three years or more. You must carefully review the filing requirements for any applicable whistleblower law.

How do you prove whistleblower retaliation?2020-05-21T21:04:47+00:00

Most retaliation laws require an employee to prove the following: (1) you are an employee and your company is an employer under a specific whistleblower law; (2) you made a disclosure protected under that law; (3) your employer knows you are a whistleblower; (4) you suffered an adverse action; (5) you can demonstrate a causal connection between the adverse action and the protected disclosure.

Is there a national whistleblower protection law?2020-05-21T21:04:22+00:00

No. There are over 50 different whistleblower laws, each covering different parts of the economy, such as nuclear safety, food safety, airline safety, tax frauds, and corporate fraud. You level of protection and the specific filing requirements depend on the law you are using.

How can I blow the whistle and protect myself against whistleblower retaliation?2020-05-21T21:04:02+00:00

The best defense against retaliation is to be an anonymous or confidential whistleblower. If the boss does not know who the whistleblower is, they cannot retaliate. If possible, you should immediately obtain legal counsel from an experienced whistleblower attorney before you blow the whistle in order to ensure that your disclosures are legally protected.

Can I hire whistleblower attorneys Kohn, Kohn and Colapinto if I live outside the US?2020-05-21T21:02:35+00:00

Yes. Kohn, Kohn & Colapinto represents corporate fraud whistleblowers who reside both inside and outside of the United States.

Can I report corporate fraud on my own? Why do I need a whistleblower attorney?2020-05-21T21:02:01+00:00

Yes and No. To be an anonymous whistleblower under the Dodd-Frank Act or to file a False Claims Act case you must hire an attorney. You should use your best efforts to retain an experienced whistleblower attorney, as awards under these laws can be very large.

How do I report corporate fraud?2020-05-21T21:01:40+00:00

You must follow the specific reporting requirements set forth under the regulations of the IRS, SEC and the Commodity Futures Trading Commission and the specific requirements in federal laws such as the False Claims Act.

Are there other federal laws covering corporate fraud?2020-05-21T21:01:20+00:00

Yes. There are highly effective whistleblower reward laws covering tax frauds, money laundering, Medicare and Medicaid fraud, frauds in government procurement and contracting and customs violations.

How does the Dodd-Frank Act protect corporate whistleblowers?2020-05-21T21:00:53+00:00

The Dodd-Frank Act permits whistleblower to obtain monetary rewards for disclosing original information for violations of the Securities Exchange Act, Commodity Exchange Act and the Foreign Corrupt Practices Act. These laws also prohibit job-related retaliation.

What is corporate fraud?2020-05-21T20:59:42+00:00

Corporate fraud is generally known as “white collar crime.” It consists of crimes such as tax or securities frauds, money laundering, bribery, government contracting frauds and other violations of law often committed on behalf of corporation.

What if I live outside the US? Can I still hire a procurement fraud attorney?2020-04-23T15:56:32+00:00

Yes. Individuals who live outside the U.S. can obtain experienced procurement fraud attorneys. Kohn, Kohn & Colapinto offers free and confidential consultations to procurement fraud whistleblowers.

Who qualifies to be a government procurement fraud whistleblower?2020-04-23T15:55:59+00:00

Individuals with evidence of procurement fraud against federal programs or contracting fraud against the government who provide the government with information can qualify to be a False Claims Act whistleblower. The information must be provided in the form and method required under law, and most courts require that qui tam whistleblowers have an attorney.

What are the various types of procurement fraud?2020-04-23T15:55:24+00:00

Types of procurement fraud include illegal kickbacks, willful contract violations, billing fraud, fake companies, fraudulent invoicing, and bid rigging.

How does government procurement fraud whistleblowing work?2020-04-23T15:54:19+00:00

In a government procurement fraud case, a private party known as a qui tam relator brings an action on the government’s behalf under the False Claims Act against a person or company who is believed to have violated the law. The government can then choose whether or not to intervene in the case. If there is a successful prosecution the whistleblower obtains a reward of between 15-30% of the sanctions collected, plus legal fees and costs.

What if I live outside the US? Can I still hire an experienced whistleblower attorney from Kohn, Kohn & Colapinto?2020-04-23T15:53:29+00:00

Yes. Kohn, Kohn & Colapinto (KKC) has many international whistleblower clients who file FCPA cases. KKC currently represents an individual who is responsible for uncovering what many experts say is the largest money laundering scandal in banking history.

How much does an FCPA/International law firm cost?2020-04-23T15:52:43+00:00

Many whistleblower attorneys work for a “contingency” fee. If the whistleblower loses his or her case, they do not owe the attorney any money. If the whistleblower wins the case, they will generally owe the attorney 33-40% of the money earned.

What types of cases do FCPA/International law firms deal with?2020-04-23T15:52:00+00:00

Experienced Whistleblower law firms that deal with FCPA cases should also be well versed in other anticorruption laws, such as tax evasion, money laundering, and foreign bribery. Often times, clients who live overseas file U.S. reward law cases, as these laws have broad transnational application and are far stronger than any laws in Europe or elsewhere.

Who qualifies to be an FCPA/International whistleblower?2020-04-23T15:51:21+00:00

U.S. citizens and foreign nationals can qualify for whistleblower rewards under the FCPA. International whistleblowers who disclose violations of anticorruption and bribery laws have been issued millions of dollars by the U.S. government.

What is the procedure for filing a FCPA whistleblower case?2020-04-23T15:50:42+00:00

The filing process for U.S. citizens and foreign nationals is identical. The cases must be filed either with the Securities and Exchange Commission (SEC) or the Commodity Futures Trading Commission (CFTC) and follow the procedural rules of those agencies.

How does whistleblowing under the Foreign Corrupt Practices Act (“FCPA”) work?2020-05-22T15:58:36+00:00

Whistleblowers can obtain monetary awards for disclosing violations anticorruption laws, primarily the Foreign Corrupt Practices Act. This law covers the payment of anything of “value” to a foreign government official to secure a “business advantage.” The law prohibits bribes paid by U.S. persons, but defines who is a U.S. person very broadly. the definition includes subsidiaries of U.S. companies, any company that sells shares in a U.S. stock exchange, foreign companies that trade on international stock exchanges but permit U.S. persons to buy their stocks through the “ADR” process, and companies that trade on the international commodities markets.

What if I live outside the US? Can I still hire an education fraud attorney?2020-04-23T15:49:25+00:00

Those living outside the U.S. can obtain an education fraud attorney.

How much does it cost to hire an education fraud attorney?2020-04-23T15:48:49+00:00

Many whistleblower attorneys work for a “contingency” fee. If the whistleblower loses his or her case, they do not owe the attorney any money. If the whistleblower wins the case, they will generally owe the attorney 33-40% of the money earned.

Who qualifies to be an education or financial aid fraud whistleblower?2020-04-23T15:47:41+00:00

Individuals who provide the government with information of education or Financial Aid fraud can qualify as whistleblowers.

How does education fraud whistleblowing work?2020-04-23T15:46:49+00:00

Education fraud whistleblowers can file their cases under the qui tam provisions of the False Claims Act. In a qui tam action, a private party known as a relator brings an action on the government’s behalf against a person or company who is believed to have violated the law. The government can then choose whether or not to intervene in the case. Whistleblowers can obtain a reward of between 15-30% of the sanctions collected, plus legal fees and costs.

What if I live outside the US? Can I still obtain an attorney?2020-04-23T15:38:35+00:00

CFTC whistleblowers who live outside of the U.S. can hire attorneys to assist in filing their Dodd-Frank Act or Commodity Exchange Act case. In order to file an anonymous claim, you are required to hire a licensed U.S. attorney. Request a free consultation with an experienced attorney today.

What are the differences between CFTC and SEC whistleblower programs?2020-04-23T15:37:58+00:00

The CFTC and SEC whistleblower programs are nearly identical in how they process whistleblower reward claims. The two agencies often cooperate on investigations.

Can an individual anonymously file an CFTC award case?2020-05-22T15:55:06+00:00

Yes. In order to file an anonymous reward claim with the CFTC, you must first hire an attorney. The attorney collects the information from the whistleblower and then files the claim on behalf of the whistleblower to the CFTC. The CFTC knows who the attorney is, but not the identity of the whistleblower.

What happens after a CFTC whistleblower files information of wrongdoing with the Commission under the whistleblower law?2020-05-22T15:54:36+00:00

After filing a whistleblower claim with the Commission, the CFTC will choose whether or not to initiate an investigation. If the investigation results in sanctions of $1 million or more, the case will move to the second stage, the filing of the APP award application. A denial of a reward can be appealed in court.

Who can be a CFTC whistleblower?2020-05-22T15:53:47+00:00

Almost any individual who reports securities violations to the CFTC can become eligible for monetary reward. U.S. citizens and foreign nationals can both be CFTC whistleblowers.

Can CFTC whistleblowers obtain rewards?2020-04-23T15:34:52+00:00

Yes. CFTC whistleblowers who qualify for awards can receive payments ranging from 10 to 30 percent of the monetary sanctions collected by the Commission.

How does CFTC whistleblower law work?2020-05-22T15:53:10+00:00

The CFTC Whistleblower Program pays rewards to people who submit evidence of violations in the trading of commodities and/or other violations of the Commodity Exchange Act. The scope of the law is very broad and covers non-publicly traded companies that trade in commodities. It can also cover money laundering and foreign bribery. The CTFC whistleblower law was enacted as part of the Dodd-Frank Act and is very similar to the SEC whistleblower law. CFTC whistleblowers who qualify for awards can receive payments ranging from 10 to 30 percent of the monetary sanctions collected by the Commission.

What is the Commodity Exchange Act whistleblower program?2020-05-22T15:52:36+00:00

Created by the Dodd-Frank Act the Commodity Futures Trading Commission (“CFTC”) established a highly effective whistleblower reward program for individual who report commodity frauds, including foreign exchange transactions and frauds in the commodity markets regarding the pricing of oil, food and natural resources.

What if I live outside the US? Can I still hire a tax fraud attorney and collect an award?2020-04-23T15:32:26+00:00

Yes. Whistleblowers who live outside the U.S. can (and have) qualified for hundreds of millions of dollars in rewards. If you reside abroad, you should obtain an experienced whistleblower attorney to ensure that you can qualify for a reward.

Can I anonymously report my employer to the IRS?2020-05-22T15:49:26+00:00

No, but the IRS has very strict rules that in practice will protect the identity of the whistleblower. In order to file a tax whistleblower case the whistleblower must sign, under oath, a “Form 211.” Once filed, the IRS internal rules require that the IRS maintain the confidentiality of the whistleblower to the fullest extent permitted under law.

What types of violations are covered under the IRS whistleblower law?2020-05-22T15:48:50+00:00

The law not only covers civil or criminal tax evasion, but also tax underpayments. The law also covers numerous bank-related activities, such as money laundering and the creation of undeclared foreign bank accounts. An experienced tax whistleblower lawyer can help you understand the full scope of this very broad law and properly file a claim.

How do I report someone for tax fraud, underpayments or tax evasion to the IRS?2020-05-22T15:42:22+00:00

The Internal Revenue Act has a highly effective tax whistleblower law that permits tax whistleblowers to obtain between 15-30% of any collected proceeds obtained by the government as a result of the original information filed by the whistleblower.

What if I live outside the US?2020-04-23T15:29:29+00:00

Non-U.S. citizens can receive awards under the False Claims Act.

Will I remain anonymous if I report Medicare fraud?2020-05-22T15:40:05+00:00

The initial complaint is filed confidentially, and your identity is protected during the government’s investigatory process. However, once a case is prosecuted, settled or dismissed, the case may become a matter of public record.

What is the Medicare or Medicaid fraud investigation process?2020-05-22T15:39:27+00:00

After a Medicare fraud whistleblower files a formal complaint, the government must investigate the case. The government can then choose whether or not to intervene in the case. If the case results in a successful prosecution the whistleblower or qui tam relator is entitled to a minimum award of 15% of the collected sanctions, and a maximum award of 30% of the sanctions, plus legal fees and costs.

How are Medicare/Medicaid whistleblower rewards paid?2020-05-22T15:38:56+00:00

Qui tam relators are paid directly by the government from recoveries obtained in successful False Claims Act cases. The payments range between 15 and 30 percent of the entire recovery.

How do I report health care frauds?2020-05-22T15:38:29+00:00

Whistleblowers who witness Medicare or Medicaid fraud can file cases under the qui tam provisions of the False Claims Act. The False Claims Act has been the most effective weapon in combating fraud against the government, include frauds in federally sponsored health care programs.

How do I know whether or not my information resulted in the SEC taking an enforcement action against the company or persons I reported?2020-04-23T15:25:58+00:00

Based on the status of a case, the whistleblower or the whistleblower’s attorney will know the status of an investigation. However, every month, the SEC Whistleblower Program publishes a list of Notices of Covered Action. In cases where a company or individual was sanctioned over $1 million, qualified whistleblowers can receive monetary rewards. Check the list monthly to see if you are qualified for a whistleblower reward.

Can an individual anonymously file an SEC award case?2020-05-22T15:32:26+00:00

In order to file an anonymous reward claim with the SEC, you must first hire an attorney. The attorney collects the information from the whistleblower and then files the claim on behalf of the whistleblower to the SEC. The SEC knows who the attorney is, but not the identity of the whistleblower. This way, the SEC whistleblower’s identity can remain protected throughout the investigation.

What happens after filing an SEC whistleblower complaint?2020-05-22T15:31:48+00:00

After filing a whistleblower claim with the Commission, the SEC will choose whether or not to initiate an investigation against the wrongdoer. If the investigation results in sanctions of $1 million or more the whistleblower who filed the original information initiating the investigation or contributing to the case is eligible to apply for a reward.

Who can be a SEC whistleblower?2020-05-22T15:31:01+00:00

Almost any individual who reports securities violations to the Commission can become eligible for monetary rewards from the SEC Whistleblower Program. U.S. citizens and foreign nationals can both be SEC whistleblowers.

How does the Securities and Exchange Commission’s (“SEC”) whistleblower law work?2020-05-22T15:30:35+00:00

The SEC Whistleblower Program pays rewards to people who submit evidence of securities violations pursuant to the procedures required by the SEC. of securities laws. SEC whistleblowers who qualify for awards can receive payments ranging from 10 to 30 percent of the monetary sanctions collected by the Commission.

What if I live outside the US? Can I still obtain an attorney?2020-04-23T15:22:18+00:00

Yes. Non-U.S. citizens can hire whistleblower attorneys.

What are the fees to hire a false claims / qui tam attorney?2020-05-22T16:07:41+00:00

Many whistleblower attorneys work for a “contingency” fee. In a contingency fee case the clients do not pay any attorney’s fees. If the whistleblower loses his or her case, they do not owe the attorney any money. If the whistleblower wins the case, the contingency payment for the attorney is generally between 30-40% of the award.

What is the federal false claims act?2020-05-22T15:27:57+00:00

Originally signed in 1863 by President Lincoln, the federal False Claims Act was modernized in 1986 and is first contemporary whistleblower reward law. Other reward laws are modeled on the False Claims Act.

What is a qui tam action?2020-05-22T15:26:32+00:00

In a qui tam action, a private party known as a relator or a whistleblower brings an action on the government’s behalf against a person or company who is believed to have violated the law. The qui tam whistleblower can receive monetary rewards if their disclosures result in a successful enforcement action. Each qui tam law has its own filing procedures and rules. These include laws covering government procurement and contracting, Medicaid or Medicare frauds, securities and commodities frauds, tax evasion or the underpayment of taxes, money laundering, and foreign bribery, among others.

What is qui tam and how is it different than false claims?2020-04-23T13:00:19+00:00

The concept of qui tam, which allows individuals to qualify for financial rewards on the government’s behalf if their disclosures lead to successful enforcement actions, is incorporated into many modern whistleblower laws, including the False Claims Act.

Can I qualify for a whistleblower reward?2020-03-23T20:30:35+00:00

Yes, but it depends on what you blow the whistle on and who and how you communicate your disclosures. The following tools will help you find out if you can qualify for a whistleblower reward.

What is a Whistleblower?2020-03-23T20:28:34+00:00

What is a Whistleblower? – Whistleblower Definition

There is no uniform definition of a whistleblower. However, the definition commonly used includes the following:

A whistleblower (or whistle-blower) is someone:

Will Kohn, Kohn, And Colapinto represent you?2020-03-23T20:49:40+00:00

The whistleblower lawyers of the law firm of Kohn, Kohn and Colapinto all have over 30 years’ experience representing whistleblowers. If KKC agrees to represent you, one of our founding partners will manage your case. This hands-on approach by KKC partners makes it very difficult for the law firm to represent all of the whistleblowers who contact our firm. A founding partner does review every intake form received through the contact us form on our website.

If I lose my case, must I pay the fees of opposing counsel?2020-03-23T20:26:21+00:00

Under the virtually universally followed general rule, if a whistleblower loses their case, he/she does not have to pay the attorney fees incurred by opposing counsel. This general rule is especially true in whistleblower cases litigated within the U.S. Department of Labor. In these cases, there are strict rules preventing companies from ever obtaining any fees or costs from whistleblowers who lose their cases. There are even limits on the number of sanctions given if a whistleblower files a frivolous lawsuit, in bad faith.

If I live outside the United States, can I obtain a free attorney?2020-03-23T20:49:33+00:00

Outside of the United States, most attorneys charge their clients fees. However, the United States has a different pay-model based on a contingency fee (see above). Thus, international whistleblowers who retain attorneys in the United States often do not have to pay any up-front attorney fees.

Can I get a whistleblower lawyer for free?2020-03-23T20:49:27+00:00

In the United States, many whistleblower lawyers work for a “contingency” fee. If the whistleblower loses his or her case, the whistleblower does not have to pay the attorney any money. But if the whistleblower wins the case, their attorney will generally obtain a contingency fee of between 30-40%.

Do I need a whistleblower lawyer?2020-03-23T20:49:21+00:00

Blowing the whistle is serious business. Your job, reputation, and career may be on the line. Your first priority should be to find a whistleblower lawyer. Not all whistleblower disclosures are lawful or protected. You need to know how to blow the whistle and protect yourself.

Moreover, many whistleblower laws permit you to obtain a financial reward. It is essential that when you blow the whistle, you understand your rights.

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