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Things to Remember

This is a complicated field of law: choose a lawyer with experience of the False Claims Act.

You may not be the only person with this information: once you decide to go forward, do so without delay.  If someone files a case before yours, you may be too late.

You may be tempted to go to the newspapers with your information: do not make your information public if you wish to file a case.

The False Claims Act only covers fraud on the government: if it is not public money, it is not a False Claims Act case.

SEC Fraud, Delaney Kester LLP, Boston, California

SEC Fraud

Over the last few years, the United States has seen an unprecedented level of economic turmoil, thanks in part to fraud in the financial sector.  In response Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act under which the Securities and Exchange Commission will pay awards to eligible whistleblowers who provide the SEC with original information leading to a successful enforcement action yielding at least $1 million. The award may be up to 30 percent of the total monetary sanctions collected in the action or any related action such as in a criminal case. The Dodd-Frank Act also expressly prohibits retaliation by employers against whistleblowers and provides them with a private cause of action in the event that they are discharged or discriminated against by their employers in violation of the Act.

The final rules implementing the new legislation took effect August 12, 2011 and can be accessed here.

You can read the SEC Enforcement Manual here.

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