In our experience in representing whistleblowers in securities cases, we have found that our clients have a number of important questions they need answers to prior to becoming clients. We understand that we must be counselors at law just as much as we are advocates. As such, Because of this, we find it helpful to answer some of the common threshold questions that potential whistleblowers may have.
Can I report information anonymously? – Federal law allows potential whistleblowers to report information anonymously. However, you must have an attorney representing you in connection with your reporting. There are also additional documents attesting to the knowledge that you have that you must sign under penalty of perjury.
Can the SEC keep my identity a secret? – Generally speaking, the SEC will not reveal your identity to those seeking information through FOIA requests. However, if the SEC is served with a subpoena or is compelled by court order to produce documents that would contain your identity, the government would be required to comply with such a request.
Can I still report if I work with an internal compliance entity? – Employees who work in this capacity may still report information to the SEC even if they work for an internal compliance unit. The information must be reported to the SEC within 120 days of the internal report in order to be considered for an award.
If you have additional questions about being an SEC whistleblower, an experienced attorney can advise you.
The preceding is not legal advice.