Recent SEC Award Demonstrates Whistleblowers Don’t Have to be Insiders

In January, the SEC provided a $700,000 whistleblower award to an individual who was not an employee or contractor of the company sanctioned by the SEC but who “conducted a detailed analysis that led to a successful SEC enforcement action.” Andrew Ceresney, SEC Enforcement Division Director, said, “The voluntary submission of high-quality analysis by industry … Continued

SEC Releases 2015 Whistleblower Report

On November 16, 2015, the Securities and Exchange Commission (“SEC”) released its 2015 Dodd-Frank Whistleblower Program Annual Report with noted activity in four key areas: Whistleblower Activity Up — In the fiscal year ended September 30, 2015, the SEC reported an eight percent increase in whistleblower tips — to 3,923 in 2015 vs. 3,620 in … Continued

Texas Treatment of Whistleblower Differs From New York’s

A former in-house attorney turned whistleblower has received very different treatment from two very different states:  Texas and New York. Former Vanguard Group Inc. in-house counsel David Danon acted as a confidential informant during a tax audit of the company.  Danon worked for Vanguard as a tax attorney from 2008 until 2013, when he filed … Continued

Lubbock County Medical Examiner Files Whistleblower Suit

Dr. Luisa Florez, the former Lubbock County Deputy Medical Examiner, has filed a lawsuit alleging that she was wrongfully terminated for reporting purported illegal activity in the Lubbock County Medical Examiner’s Office. Florez filed the suit against Lubbock County Commissioners, Lubbock County Commissioners, the Lubbock County Medical Examiner’s Office and Lubbock County Medical Examiner Dr. … Continued

DOJ Uses FCA Whistleblower Provisions to Intervene in SavaSeniorCare Suit

The U.S. Department of Justice has intervened in three False Claims Act (FCA) lawsuits against SavaSeniorCare LLC, filing a consolidated complaint that alleges Sava submitted false Medicare claims for rehabilitation therapy services that were medically unreasonable and unnecessary.  Sava operates approximately 200 skilled nursing facilities in 23 states, including Texas, and is one of the … Continued

SEC Goes After Confidentiality Agreements That Curb Whistleblowing

The Securities and Exchange Commission (“SEC”) has announced its first enforcement action against a company for violating whistleblower protection Rule 21F-17 of the Dodd-Frank Act, which prohibits companies from impeding whistleblowers from reporting potential securities violations to the SEC. According to the SEC, Houston-based KBR, Inc.,  required employees involved in internal investigations to sign a … Continued

SEC Goes After Confidentiality Agreements That Curb Whistleblowers

The Securities and Exchange Commission (“SEC”) has announced its first enforcement action against a company for violating whistleblower protection Rule 21F-17 of the Dodd-Frank Act, which prohibits companies from impeding whistleblowers from reporting potential securities violations to the SEC. According to the SEC, Houston-based KBR, Inc., required employees involved in internal investigations to sign a … Continued

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