In July 2002, Congress passed the Sarbanes Oxley Act, 18 U.S.C. § 1513(e). SOX, among other things, protects whistleblowers.
SOX only applies to companies that are publicly traded on the stock exchanges. If you know of, or have complained about, violations of federal law, including securities fraud, mail fraud, wire fraud, or frauds against the shareholders, and your employer took an adverse action against you (demotion, termination, suspension), you may have a SOX Whistleblower claim.
SOX claims must be filed within 180 days at the United States Department of Labor, Occupational Safety and Health. They may be litigated before an Administrative Law Judge at OSHA, if OSHA finds that there is "reasonable cause" that a violation occurred, or in Federal Court. An employee may be awarded reinstatement, backpay, special damages, and counsel fees under SOX.
Raymond Nardo, Esq is experienced filing SOX claims at OSHA and in Federal Court.
DODD FRANK WHISTLEBLOWER
Under the Dodd Frank Wall Street Reform and Consumer Protection Act, 15. U.S.C. 78a, the SEC may also investigate whistleblower violations where the whistleblower provides "original information" related to violations of Securities Laws. If the SEC litigates a whistleblower claim, the whistleblower may be entitled to 10 to 30 % of the amount recovered in excess of $1 million.
QUI TAM WHISTLEBLOWER
President Lincoln signed the Federal False Claims Act, 31 U.S.C. §3729, to combat fraud against the US government. In these cases, the "relator" sues on behalf of the United States government. The United States Attorney's office may intervene in the action, which must be filed under seal. The relator receives an award of between 15 and 30% of the amount collected on behalf of the United States government. The United States government receives the remainder of the award.
If you know of a healthcare provider, defense contractor, or any employer who is falsely charging or overbilling the United States government, you may file a "qui tam" whistleblower action. It must be filed under seal and, according to local requirements, may have to be disclosed to the United States government before you file. In addition, you must be the "original source" of the information.
Raymond Nardo is experienced in qui tam actions and has recovered millions of dollars for qui tam relators.
Selected to New York Super Lawyers, 2013, 2014, 2015, 2016, 2017, 2018, 2019