Whistleblower Law

Practice Areas Whistleblower Law

A Whistleblower Lawyer Will Fight For You

A whistleblower is any person who exposes fraudulent, dishonest or illegal activities taking place within a company, organization or governmental entity. Whistleblowers may report the misconduct internally to someone in authority within the organization or externally to law enforcement, regulatory agencies, the media or groups concerned with the organization’s particular activities. The federal government and several states across the nation have enacted laws to encourage whistleblowers to come forward by providing protections against retaliation and rewards for reporting fraudulent activity. That said, many individuals may feel better protected if they enlist the help of a whistleblower attorney.

Whistleblowers have been responsible for exposing a wide range of illegal and fraudulent conduct, including health care (Medicare and Medicaid), defense contracting, government contracting, taxpayer, and securities fraud. Their courageous actions have resulted in the recovery of billions of U.S. dollars. The Securities and Exchange Commission (SEC) Office of the Whistleblower has asserted that the information and assistance provided by whistleblowers can be one of the most “powerful weapons” the government has to identify and combat securities fraud and other illegal activities.

Our Experienced Attorneys Investigate Whistleblower Cases

The attorneys at Zamansky LLC investigate and prosecute whistleblower cases. Our legal team has extensive experience working with the various and complex whistleblower laws to assist and protect clients seeking to expose and combat fraudulent activities.

Zamansky LLC is currently investigating Cyberonics, Inc. as a result of whistleblower allegations by a former employee, Andrew Hagerty. Hagerty sued Cyberonics for breach of contract and wrongful termination in violation of public policy. On February 4, 2013, Cyberonics announced that the lawsuit was voluntarily dismissed, and that the parties were subjecting the dispute to binding arbitration. We are acting on behalf of shareholders to identify potential securities fraud violations and breaches of fiduciary duties.

Cyberonics’ stock chart on YahooFinance reflects that, over a period of a few months, the Company’s stock price fell to $45 per share from over $55 per share. Our whistleblower law firm believes that Cyberonics’ shareholders should be concerned about Hagerty’s allegations because they call into question the accuracy and sustainability of the company’s earnings and growth. The allegations also open Cyberonics to regulatory investigation and potential, far-reaching, future harm.

Zamansky, LLC Can Advise You of Your Rights and Protections

Zamansky LLC understands that the decision to report securities fraud or other types of illegal activity is a difficult one to make. A whistleblower lawyer will listen to your concerns and help you fully understand all legal rights and protections available to you. We respect our clients’ privacy and keep all information confidential unless disclosure is specifically required in connection with the whistleblower case.

We Listen and Respond to Whistleblowers’ Concerns

When a client is contemplating a suit, a whistleblower lawyer at  Zamansky LLC will investigate and gather as much information as possible. We know the right questions to ask in order to determine whether a whistleblower claim may be an appropriate course of action. Our attorneys also fully explain the rights and protections available under various whistleblower laws. We appreciate that bringing a whistleblower suit is a difficult and personal decision. Our whistleblower law firm offers support and guidance, providing clients with the information they need to make the best decision.

Whistleblowers restore accountability and trust. Their actions are courageous and have resulted in the recovery of billions of U.S. dollars.

- Jacob H. Zamansky

Your Whistleblower Lawyer Will Help You Navigate the Process

When you elect to make a whistleblower claim, our legal team will provide aggressive representation and guide you through each step of the whistleblowing process. We understand that privacy is critical and our lawyers will keep your information confidential, unless a disclosure is specifically required in connection with your claim. Under the Dodd-Frank Act, a whistleblower remains anonymous when he or she files a securities fraud claim through an attorney. This anonymity continues until the time the whistleblower is paid a reward, provided the whistleblower is still being represented by his or her securities fraud attorneys. When the reward is paid, the name of the whistleblower must be disclosed.

Whistleblowers must also act carefully to keep all information they have about the fraudulent activity confidential. To be eligible for an award under the Dodd-Frank Act, the whistleblower must present “original information” – information that is not known to the government and is discovered by a person’s independent knowledge or analysis. If a whistleblower discloses information about the fraud to another person and that person reports it the government, the whistleblower may no longer be covered under the Act.

Whistleblower laws require that the person, or group of persons, formally file a claim with the government. Our attorneys at our securities fraud law firm will work with you to investigate the matter and prepare and file the claim. Once the claim is formally filed, we will guide you through all stages of the process. Our attorneys will answer your questions and explain your rights, obligations and protections, making certain that you are fully prepared and informed at all times.

Recovering Compensation as a Whistleblower

Under the Dodd-Frank Act, if the information you report in a whistleblower claim results in the collection of more than $1 million in SEC sanctions, you are eligible to receive 10% to 30% of the recovery. The Act also protects you from retaliatory actions by your employer. If you are harassed, fired, demoted, suspended, discriminated against or threatened in any manner, you may be entitled to recover damages for the retaliation. Should you experience retaliation, our whistleblower attorneys will aggressively fight for your rights to reinstatement, double back pay with interest, litigation costs, expert witness fees, reasonable attorney’s fees, and any other damages resulting from the retaliation.

Our Whistleblower Lawyer Answer Your FAQs

What incentives exist for reporting illegal or fraudulent activity?

Section 922 of the Dodd-Frank Act creates a whistleblower bounty program that allows the SEC to pay an award to those who voluntarily provide the SEC with original information concerning violations of the federal securities laws, as well as the Foreign Corrupt Practices Act, that leads to the collection of over $1 million in sanctions. The Act covers a wide range of violations, including unauthorized trading, insider trading, accounting fraud and bribery. To learn more about the specifics of the Dodd-Frank Act, see Whistleblower Laws.

Am I a whistleblower?

A “whistleblower” is any person or group of people who provide information relating to a violation of the securities laws to the SEC through official channels as described in SEC rules and regulations.

What is “original information”?

“Original information” refers to information that is not known to the SEC and includes information discovered by a person’s independent knowledge or analysis.

How do I know if I have original information?

If you believe you have original information of a violation of the federal securities laws, or would like help determining if the information you have is original, please contact our securities fraud law firm.

Why types of award can a whistleblower collect?

The award paid to a whistleblower can range between 10% and 30% of the total “monetary sanctions” imposed or collected from a successful action over $1 million.

Will I be fired or punished for being a whistleblower?

The Dodd-Frank Act specifically prohibits employers from retaliating against whistleblowers. Employers may not fire, demote, suspend, threaten, harass, or discriminate against a whistleblower. Whistleblowers who suffer from these types of employment retaliation may sue for reinstatement, double back pay with interest, litigation costs, expert witness fees, reasonable attorney’s fees, and any other damages sustained.

Can I remain anonymous?

The Act allows a whistleblower to remain anonymous when the whistleblower files his or her complaint through an attorney. This anonymity continues until the time the whistleblower receives a cash reward. When the reward is paid, the name of the whistleblower must be disclosed.

How do I know if I should blow the whistle? Can a whistleblower attorney help me take the first steps?

The decision to act as a whistleblower is not easy. Individuals contemplating such a decision should discuss their case with an experienced whistleblower attorney before taking any actions. The whistleblower lawyers at the securities litigation law firm of Zamansky LLC will investigate your claim, advise you of your rights, protections and options under the law, and guide you through each step of the process.

If you have additional questions or want to learn more about how a whistleblower lawyer at our law firm can help, please contact us for a free, confidential consultation at 212-742-1414 or by completing our online contact form.

Consult an Experienced Whistleblower Lawyer at Our Firm

The attorneys at Zamansky LLC provide legal representation to clients involved in whistleblower cases across the United States. If you have questions about whistleblower rights and protections, or if you believe that fraudulent or illegal activity has taken place, please contact our law firm today. You can reach an experienced whistleblower attorney by calling 212-742-1414 or by completing our online contact form. Our whistleblower law firm offers free, confidential initial consultations and we respond to all inquiries within 24 hours.