Anonymity is an extremely important concern for many people who are considering becoming whistleblowers through the SEC whistleblower program. Stepping forward with information that could implicate your employer in a violation of the law puts you at risk of firing and other life-changing repercussions. Legally, employers may not retaliate against you for making a whistleblower report—but generally, you’re already fired before you can enforce that right.
The Law Firm of David R. Chase and the Silver Law Group see protecting our clients’ anonymity as one of the most important jobs of an SEC whistleblower attorney. In this post, we outline some of the ways we do that.
Staying Anonymous While Working With the SECGenerally, the SEC says it will keep whistleblowers’ identity confidential. That means it won’t disclose your identity to the other side as a routine part of its investigation, or through Freedom of Information Act requests. However, its FAQ notes that there are times when it might be required to disclose your identity. One of those times that it specifically names is when the matter is in court or an administrative proceeding, in which the agency might be legally required to give the other side certain documents.
One advantage of working with an SEC whistleblower attorney is that we can push back against disclosures when there are grounds to push back. The SEC may be committed to keeping your identity confidential, but their first loyalty is to the case they are making on behalf of the American people. Your attorney’s first loyalty is to you—it’s both their job and their obligation as a lawyer. If we can protect you, we will.
An attorney is even more important if you would rather not even give the SEC your name. The SEC will take complaints without a name, and that may be safer if you’re concerned about them disclosing your identity. But if you want a financial award for this risk you’re taking, the agency requires that you route communications through an SEC whistleblower attorney. We represent clients in this situation, and we view anonymity as a vital part of the job.
Advocates for YouThe Silver Law Group and the Law Firm of David R. Chase represent SEC whistleblowers who need to protect their anonymity while they expose wrongdoing in the securities industry. As attorneys dedicated to representing victims of investment fraud, we understand where the law draws the line on fraud, and how the SEC investigates and penalizes it. Scott Silver, wrote an acclaimed outline of the SEC whistleblower program, which we provide free of charge. David Chase has an extensive background in securities law, including four years in the SEC’s Enforcement Division, helping to build and win the same kinds of wrongdoing that whistleblowers bring to light.
If you’d like to talk to us about your situation and your options, contact us today for a free, confidential consultation. You can reach us online or call us toll-free at 800.975.4345.