Category Archive: Whistleblower Systems

Apr 09

Fraud on the Rise

Economic crime is increasingly plaguing U.S. firms according to a recent survey by PWC.  Key findings include: “45% of organizations in the U.S. suffered from some type of fraud in the past two years, more than the global average of 37%. More than half of U.S. organizations that experienced fraud in the last two years reported an …

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Permanent link to this article: http://betweenthenumbers.net/2014/04/fraud-on-the-rise/

Mar 17

SOX Whistleblower Protection Extend to Certain Private Company Employees

The Supreme Court has held in the case of Lawson v. FMR LLC that the whistleblower protection available under the Sarbanes-Oxley Act of 2002 (“SOX”) properly extends to employees of privately held contractors and subcontractors who perform work for a public company.  Although the case in question was brought by employees of advisors to a …

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Permanent link to this article: http://betweenthenumbers.net/2014/03/sox-whistleblower-protection-extend-to-certain-private-company-employees/

Mar 03

SEC defends internal company whistleblowers

The Securities Exchange Commission (“the Commission”) has filed an amicus brief clarifying that whistleblowing employees should be protected under the Dodd-Frank Wall Street Reform and Consumer Protection Act even if their whistleblowing report was only internal.  In its brief, the Commission stated that it “interpreted the anti-retaliation protections to extend to any individual ho engages …

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Permanent link to this article: http://betweenthenumbers.net/2014/03/sec-defends-internal-company-whistleblowers/

Jan 17

Court finds that doing your job is not whistleblowing

The definition of a whistleblower and the criteria for reliance on associated protections has been the subject of a number of recent cases.  In these matters, the reporting method has been the determining factor in whether and what protections are available. A case heard by the First Circuit U.S. Court of Appeals had provided an …

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Permanent link to this article: http://betweenthenumbers.net/2014/01/when-is-a-whistleblower-not-a-whistleblower/

Jan 03

New Method for Submitting OSHA Whistleblower Complaints

The Occupational Safety and Health Administration (OSHA)’s Whistleblower Protection Program is now accepting whistleblower complaints filed online. The online form can be completed electronically or downloaded and submitted by fax, mail or hand-delivery to a regional office.  The form asks basic information of the employee, including: Contact information; Bargaining unit representative information; Employer and supervisor information; and …

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Permanent link to this article: http://betweenthenumbers.net/2014/01/new-method-for-submitting-osha-whistleblower-complaints/

Dec 27

Use an independent service to help protect against California’s new $10,000 penalty for whistleblowers

Employees have protection as whistleblowers from a wide variety of federal and state laws. Effective January 1, 2014, California added SB 486 to this list of legal protections. The new California law broadens an employee’s right to pursue legal action if retaliated against for reporting suspected wrongdoing. Perhaps most importantly, the law creates a civil …

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Permanent link to this article: http://betweenthenumbers.net/2013/12/use-an-independent-service-to-help-protect-against-californias-new-10000-penalty-for-whistleblowers/

Nov 30

Most SEC Whistleblowers are Waiting, Probably for Good Reason

In a report required by Dodd-Frank, the Securities Exchange Commission issued its 2013 (fiscal year ended September 30) annual report. This is second full year report, thus allowing easy comparisons. A post on last year’s report appears here. The SEC continues to receive large numbers of complaints from a wide range of geographies and involving …

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Permanent link to this article: http://betweenthenumbers.net/2013/11/most-sec-whistleblowers-are-waiting-probably-for-good-reason/

Nov 29

Dodd-Frank Whistleblowers must file their complaint with the SEC

In a disappointing ruling, the Fifth Circuit concluded in Asadi v. G.E. Energy (No. 12-20522) that a whistleblower who does not file a complaint with the Securities Exchange Commission (SEC) is not a “whistleblower” under Dodd-Frank, and thus does not have standing to obtain the protections under this law. As directly acknowledged in the Opinion, …

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Permanent link to this article: http://betweenthenumbers.net/2013/11/dodd-frank-whistleblowers-must-file-their-complaint-with-the-sec/

Oct 11

And the biggest whistleblower award goes to…

…nobody knows.  The recipient of a $14 million plus whistleblower award, the largest thus far, has chosen to remain anonymous and the SEC is legally obligated to protect his or her anonymity. In announcing the award, the SEC would only say that the original information and assistance provided by the whistleblower led to an SEC …

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Permanent link to this article: http://betweenthenumbers.net/2013/10/and-the-biggest-whistleblower-award-goes-to/

Oct 10

$1.9 Million to Whistleblower CFO

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) ordered Clean Diesel Technologies Inc.(“CDTI”) to pay $1.9 million to its former chief financial officer in association with a violation of the whistleblower provisions of the Sarbanes-Oxley Act. OSHA determined that CDTI wrongfully terminated the former CFO in April 2010 after he warned the board …

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Permanent link to this article: http://betweenthenumbers.net/2013/10/1-9-million-to-whistleblower-cfo/

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