Dodd-Frank Whistleblower Attorney (January Update)

Do You Have Information About a Dodd-Frank Violation? Speak with a Federal Whistleblower Attorney in Confidence

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) imposes wide-ranging requirements and prohibitions on securities and commodities firms and financial institutions in the United States. It also provides protections to sec whistleblowers who come forward with information about statutory violations. If you have information about a violation of the Dodd-Frank Act—or if you believe that you may have information about a violation—you should speak with a Dodd-Frank whistleblower lawyer promptly.

We represent Dodd-Frank whistleblower law nationwide. The Dodd-Frank Act is a highly complex statute, and violations can take many different forms. There has also been a significant amount of debate over whether certain provisions of Dodd-Frank (i.e., the Volcker Rule) serve their intended purpose. However, these are not excuses for non-compliance. Firms and financial institutions must strictly comply with the Dodd-Frank Act; and, when they fail to do so, it is important that whistleblowers come forward.

A Dodd-Frank whistleblower attorney helps individuals navigate the SEC whistleblower program and the broader Dodd-Frank Act, which empowers SEC whistleblowers to report securities fraud, corporate fraud, insider trading, unauthorized trading, and other securities violations to the Securities and Exchange Commission and the Commodity Futures Trading Commission. Under the Dodd-Frank whistleblower provisions, individuals may provide independent knowledge of unlawful conduct involving publicly traded companies, financial markets, or violations of the foreign corrupt practices act, environmental laws, and federal securities laws, as well as fraud under the consumer protection act, false claims act, or the sarbanes oxley act.

A qualified whistleblower law firm guides SEC whistleblower clients through the SEC whistleblower process, reporting SEC violations, and pursuing whistleblower claims, whistleblower awards, and monetary rewards for information that leads to a successful enforcement action by the exchange commission, the SEC division, the attorney general, or other government regulators. Under the statute’s anti-retaliation protections, whistleblowers who report fraud or make an internal disclosure are protected from workplace retaliation, including termination, demotion, or discrimination for engaging in a lawful act.

Blowing the Whistle Under the Dodd-Frank Act

Both the U.S. Securities and Exchange Commission (SEC) and the U.S. Commodity Futures Trading Commission (CFTC) accept whistleblower complaints under the Dodd-Frank Act. Whistleblowers must ensure that they contact the correct federal agency based on the information they need to disclose, and they must ensure that they meet all pertinent requirements to secure protection under Dodd-Frank’s whistleblower provisions. At Oberheiden P.C., we guide whistleblowers through the process step-by-step, and our whistleblower lawyers work with the SEC and CFTC on behalf of our clients to help ensure that their complaints lead to accountability.

The Dodd-Frank Act’s whistleblower provisions are unique in many respects. Under Dodd-Frank, whistleblowers can come forward and receive protection in circumstances not covered under the False Claims Act program and other federal sec whistleblower program statutes. However, Dodd-Frank has some unique limitations as well. For example:

• Public Information – Under the False Claims Act and other federal whistleblower statutes, whistleblowers must come forward with material non-public information (MNPI). However, the Dodd-Frank Act program provides protection to those who come forward with MNPI as well as those who present information about statutory violations compiled from public sources.
• First–to-Report – While other federal sec whistleblower program only provide protection to the first individual to report a violation, the Dodd-Frank Act does not. Under Dodd-Frank, all individuals who report a violation are potentially eligible to receive protection (and financial compensation) as a whistleblower—though certain restrictions apply.
• Qui Tam – One of the key facets of the False Claims Act is its qui tam provision, which allows whistleblowers to pursue litigation on behalf of the federal government. However, the Dodd-Frank Act program does not have a qui tam provision. As a result, it is essential to work with an experienced Dodd-Frank sec whistleblower program attorney who can help you convince the SEC or CFTC that enforcement action is warranted.

We are intimately familiar with the Dodd-Frank Act’s whistleblower protections and requirements. Our lawyers can determine if the information you have in your possession qualifies for whistleblower protection; and, if it does, we can assist you with coming forward. We will work with the SEC or CFTC to protect your identity throughout the process; and, if you become eligible for whistleblower compensation, we can assist with securing your award as well.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

When Can You Secure Protection as a Dodd-Frank Whistleblower?

The Dodd-Frank Act program is broad by design. Enacted in the wake of the 2007-2008 financial crisis, it imposed sweeping reform throughout the U.S. financial system. Today, it continues to play a key role in protecting investors and banking customers, and compliance continues to be a key concern for securities and commodities firms and financial institutions.

While some firms and institutions have implemented comprehensive Dodd-Frank compliance programs, violations are not uncommon. Whether due to oversights, an inadequate commitment to compliance, or intentional wrongdoing, violations can present substantial risks for investors and banking customers. As a result, whistleblowers play a critical role in ensuring fairness and transparency in the U.S. financial markets—and, if you have information about a potential violation, coming forward is indisputably the right thing to do.

Some examples of common violations of the Dodd-Frank Act include:

• Corporate Accounting Violations – The Dodd-Frank Act is one of several federal statutes that imposes corporate accounting requirements and controls. Corporate accounting violations, both intentional and inadvertent, can lead to inaccurate disclosures that harm investors and banking customers.
• Excessive Fees and Commissions – Excessive fees and commissions were partially to blame for the subprime mortgage crisis that precipitated the Dodd-Frank Act, and they remain a prevalent concern today. Charging and failing to disclose excessive fees and commissions are both violations that whistleblowers can (and should) report to the SEC or CFTC.
• False and Misleading Public Filings – Investors rely on publicly available information or resources to make sound investment decisions. This includes issuers’ public filings. If an issuer’s filings are false or misleading, this can leave investors facing substantial losses that they stand virtually no hope of recovering through market forces.
• Financial Stability Violations – The Dodd-Frank Act established financial stability requirements for major financial firms and institutions. Failure to meet these requirements can not only put investors and banking customers at risk, but it can potentially threaten the entire U.S. financial market.
• Insider Trading – Insider trading violates the Dodd-Frank Act as well as a variety of other federal securities laws and regulations. This is another violation that can cause substantial harm to investors—and that potential whistleblowers should strongly consider reporting promptly.
• Investment Fraud Scams – From Ponzi schemes to skimming, churning, and other fraudulent practices, all types of investment fraud scams perpetrated by brokers at commodities and securities firms can leave investors facing substantial losses.
• Market Manipulation – Practices designed to manipulate the market for commodities or securities are blatant violations of the Dodd-Frank Act. They present substantial risks for investor losses and market instability, and they require prompt rectification.
• Promotion Scams – Promoting fraudulent investment scams and offerings with unreasonably high risk also violates the Dodd-Frank Act and other federal securities statutes. Once again, it is essential that investors and banking customers are able to rely on the disclosures they receive to make informed decisions.
• Proprietary Trading – The Volcker Rule under the Dodd-Frank Act prohibits proprietary trading by financial institutions. If you are aware of prohibited proprietary trading, it is important that you speak with a Dodd-Frank whistleblower lawyer promptly.
• Unauthorized Trading – The Dodd-Frank Act (among other federal statutes and regulations) prohibits unauthorized trading on customers’ accounts. When firms and institutions trade their customers’ assets without customers’ consent, this can lead to catastrophic losses.

When you contact our company at Oberheiden P.C., we will arrange for you to speak with a Dodd-Frank whistleblower attorney in strict confidence. Your attorney will examine the information you have in your possession and help you make an informed decision about coming forward. You are under no obligation to do so, and it costs nothing to make an informed decision about blowing the whistle.

The SEC whistleblower office administers the program established under the Securities Exchange Act, giving individuals a structured path to report financial fraud, inaccurate financial statements, market abuse, or other securities violations. When whistleblowers provide information that leads to monetary sanctions collected, they may qualify for substantial SEC whistleblower awards, and the statute prohibits retaliation against those who come forward. Because these matters often involve complex securities laws, working with an SEC whistleblower attorney is critical to ensuring that disclosures are properly submitted and that whistleblowers remain protected during any judicial or administrative hearing that follows.

At Oberheiden P.C., our SEC whistleblower lawyers offer a confidential consultation to evaluate your information and determine whether it qualifies for protection under federal law. We help clients prepare filings, navigate the SEC whistleblower program, and secure awards when their evidence results in a successful enforcement action. Our attorneys guide whistleblowers through the full process—gathering facts, coordinating with regulators, and presenting whistleblower information effectively—so individuals can fulfill their duty to report misconduct while pursuing the financial and legal protections they are entitled to under the Dodd-Frank Act.

FAQs: Working with a Dodd-Frank Whistleblower Attorney