San Francisco SEC Whistleblower Lawyers

Nationally Recognized & Respected

The securities industry is one of the most heavily regulated sectors in the United States. Despite this, regulatory violations occur often, along with wrongful practices that harm consumers, investors, and the federal government. To help combat this problem, the U.S. Securities and Exchange Commission (SEC) has established the SEC Whistleblower Program, under which eligible individuals who report suspected securities law violations may receive a percentage of the government’s recovery.

If you have knowledge of possible securities law violations by a financial institution, corporation, or other entity, reach out to the legal team at Nichols Kaster PLLP. With decades of experience, including a specific focus on financial services litigation and asset management, our San Francisco SEC whistleblower attorneys can assist you in bringing your claim. We provide personalized legal counsel and develop innovative strategies for pursuing potential monetary awards.

To learn more, call (877) 344-4628 or contact us online and request a complimentary case evaluation with a member of our team. Hablamos español.

Understanding the SEC Whistleblower Program

The SEC Whistleblower Program was created in 2010 under the Dodd-Frank Act and went into effect the following year. Under this program, individuals who voluntarily provide information regarding possible securities law violations to the SEC, resulting in sanctions totaling over $1 million, may be eligible to recover between 10% and 30% of those total sanctions.

To be considered, the information provided must be:

• Original
• Credible
• Timely
• Provided voluntarily

To qualify, a person generally must provide information directly to the SEC in writing, typically through the SEC’s online Tips, Complaints, and Referrals portal using Form TCR. The SEC has confirmed that a person does not need to be an employee of the company being reported. Award eligibility generally requires that the information lead to a successful SEC enforcement action with monetary sanctions exceeding $1 million.

Possible securities-law violations the SEC has identified as reportable include:

• Insider trading
• Fraudulent or unregistered offerings
• Misleading statements
• Market manipulation
• Certain cryptocurrency or municipal-securities misconduct

Submission Timing, Anonymity & Award Eligibility

Several procedural details can affect whether a submission qualifies for an award under the SEC Whistleblower Program. A whistleblower may submit information anonymously, but an attorney must represent the person for an anonymous submission seeking an award. If the SEC posts a Notice of Covered Action, an award application generally must be submitted within 90 calendar days. Where a Form TCR is required, it generally must be submitted within 30 days of first providing information to the SEC or within 30 days of learning of the filing requirement.

Direct reporting to the SEC is also important for Dodd-Frank award and retaliation protections. A person may report internally within an organization and still report directly to the SEC, but submitting information directly through the Tips, Complaints, and Referrals portal preserves eligibility under the program. The SEC evaluates award claims based on factors including whether the information was original, voluntary, specific, credible, and timely.

We represent SEC whistleblowers in San Francisco and nationwide who are navigating these reporting decisions. Our practice includes matters involving investment products, investment advisers, mutual fund companies, hedge funds, insurance companies, and investment consultants.

Your Rights as an SEC Whistleblower

The SEC’s Whistleblower Program may provide certain rights to individuals who voluntarily come forward with information regarding possible violations of federal securities laws by organizations or professionals.

These rights include:

• The Right to Report Information Directly to the SEC: You have the right to report suspected or known securities law violations directly to the SEC. No organization or individual may take direct action against you to impede reporting or prevent you from contacting the SEC. This includes threatening to enforce or actually enforcing confidentiality agreements that state that you may not contact the SEC. SEC Rule 21F-17 specifically prohibits actions intended to impede a person’s direct communication with the SEC.
• The Right to Remain Anonymous: You have the right to remain anonymous when reporting suspected or known securities law violations to the SEC. An attorney must represent you if you submit an anonymous tip seeking an award. An anonymous submission may still be eligible for an award if the information you provide leads to a successful enforcement action resulting in over $1 million in sanctions. Note that SEC confidentiality protections have limits, including circumstances involving investigations, administrative proceedings, or court proceedings.
• The Right to Be Free from Employer Retaliation: Your employer may not retaliate against you in any way for reporting suspected or known SEC violations to the SEC. Examples of retaliation include firing or terminating employment, demoting, suspending, harassing, threatening, or discriminating against you in employment terms and conditions. Dodd-Frank anti-retaliation protection generally requires that the written report to the SEC precede the retaliatory action.

If your employer retaliates against you for filing a claim under the SEC Whistleblower Program or simply contacting the SEC with information regarding suspected or known securities law violations, you may have legal options. A successful federal retaliation claim may support remedies including reinstatement, double back pay with interest, litigation costs, expert-witness fees, and attorneys’ fees. We have decades of experience bringing whistleblower retaliation suits and can advise you on the options available in your situation.

Why Hire Our SEC Whistleblower Attorneys?

At Nichols Kaster PLLP, we have extensive experience in securities law, regulatory enforcement, financial services litigation, and asset management. Our attorneys are highly familiar with the SEC’s relationship to financial advisory businesses, investment products, investment advisers, and other parties within this industry, as well as the myriad rules and regulations that govern these entities.

We represent clients who wish to file SEC whistleblower claims against financial service providers, such as:

• Hedge funds
• Mutual fund companies
• Investment consultants
• Insurance companies
• Financial advisory practices

Our experience includes matters involving:

• Share classes
• Fund-board communications
• Prospectus and SAI language
• Proprietary-fund usage
• Market or price manipulation
• Digital currencies
• The use of mutual fund assets for marketing and distribution expenses

We also assist clients with SEC whistleblower claims across a broad range of industries and have litigated against major financial services companies, Fortune 500 companies, and financial institutions, including:

• Fidelity
• Putnam
• MIO Partners
• Deutsche Bank
• PIMCO
• M&T Bank
• BB&T
• John Hancock

Our San Francisco SEC whistleblower attorneys are qualified to assist you with your claim. Our firm is nationally recognized for its decades of experience and respected for its long history of success, having secured more than $100 million in settlements to date.

Contact us today at (877) 344-4628 to request a free and confidential case review.