2012年4月8日星期日
What Whistleblowers Should Do They Suspect Their Employer Is Defrauding the Government or The Companys Investors Replica Watches
There are few professional situations as difficult and demanding as deciding what to do after discovering employers, bosses, or co-workers are defrauding the government or the corporation's shareholders. Graham No matter how honest and forthright the employee is, it is hard from abusing the system and filing false claims for compensation or reimbursement from the government. The False Claims Act includes Replica Officine Panerai Watches a "qui tam" provision that provides an incentive Cartier Watches for whistleblowers (called "relators" in the Act) to come forward, in the form of a share of any recovery obtained in the case, sometimes as high as one third of the overall verdict or settlement against the fraudulent company. The Tax Relief and Health Act of 2006 is a relatively new law which allows whistleblowers to report tax fraud or tax under payments to the Internal Revenue Service and, if the fraud or underpayments exceed $2,000,000 (including the tax avoided, penalties, and any interest), then the whistleblower may be entitled to reward of 15% to 30% of the amount collected by the IRS. Since the whistleblower provisions of that law are based upon the False Claims Act, they are subject to similar restrictions and must be handled very delicately.The Dodd-Frank Wall Street Reform Watches and Protection Replica Hermes Watches Act is very new law which allows whistleblowers to report a variety of securities frauds, from insider trading to foreign corrupt practices to money laundering and other forms of securities or investment violations, and thereafter collect 10 to 30% of any money recovered by the Securities and Exchange Commission or the Commodity Futures Trading Commission or any other government entity responsible for regulating that field.Of critical importance, cases filed under the False Claims Act must be based on the whistleblower's personal knowledge, and must be initially filed in secret while the United States Attorney's Office reviews the case. These whistleblower laws provide a tremendous incentive to report wrongdoing, and include anti-retaliation provisions to prevent the persons responsible for the fraud from retaliating against the whistleblower, but these laws are so complicated in their procedure, and so dependent upon close management of the case, that whistleblowers should, as soon as they become aware of the fraud, speak with a qualified whistleblower attorney who can help ensure that their rights are protected.
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