Which Protections are Available for Corporate Whistleblowers?
There are not any federal laws that afford general protections to corporate whistleblowers. However, there are many types of protected disclosures under federal whistleblower laws. These protections come from a variety of sources, including the following:
- False Claims Act: The False Claims Act protects disclosures about fraud toward the government, including any actions taken to further a qui tam action and the various efforts taken to stop FCA violations.
- Sarbanes-Oxley Act (SOX): SOX protects disclosures about mail fraud, bank fraud, wire fraud, securities frauds, SEC rule violations and shareholder fraud.
- Defense Contractor Whistleblower Protection Act (DCWPA): The DCWPA protects whistleblower disclosures about mismanagement of federal grants or contracts, abuses of authority related to federal grants or contracts, substantial and specific dangers to public health or safety, waste or gross mismanagement of federal funds, and violations of laws, rules and regulations related to federal contracts.
- Anti-Money Laundering Act (AMLA): The AMLA protects disclosures about violations of the Bank Secrecy Act and money laundering.
- Dodd-Frank Act: The Dodd-Frank Act protects disclosures made to the SEC about possible violations of federal securities laws. Under this legislation, the whistleblower must have disclosed a possible violation of federal securities laws to the SEC before suffering an adverse action, such as retaliation or termination.
- Taxpayer First Act: The Taxpayer First Act protects disclosures about various forms of tax fraud and underpayment of taxes.
- Consumer Financial Protection Act (CFPA): The CFPA protects disclosures made about violations of rules enforced by the Consumer Financial Protection Bureau or about federal laws relating to unfair, abusive or deceptive practices in the provision of consumer financial products or services.
For more information about the whistleblower protections you are afforded by federal legislation and agencies, contact an experienced whistleblower attorney at Kardell Law Group.