If you’re contemplating blowing the whistle on illegal activities, Nashville whistleblower attorney Timothy L. Miles is here to support you. A whistleblower is anyone who discloses information about illegal practices within an organization. Nashville whistleblower attorney This can include employees, contractors, clients, or suppliers. In the U.S., the False Claims Act (FCA), also known as the Whistleblower Protection Act, ensures legal protection for individuals who report fraudulent activities, safeguarding them from retaliation such as threats, harassment, or job loss.
Auditors and accountants, in particular, have specific rights and protections when they report wrongdoing. Below, we address six common questions about whistleblowing in auditing and accounting.
1. Can auditors and accountants act as whistleblowers?
Yes, auditors and accountants are permitted to be whistleblowers under several U.S. laws, including the IRS Whistleblower Program and the Dodd-Frank Act. The Sarbanes-Oxley Act also offers protection for those who report misconduct in auditing and accounting roles.
2. How can auditors or accountants report instances of tax fraud?
Tax fraud can be reported through the IRS Whistleblower Program. This program allows individuals with credible information about significant tax fraud to file a claim, including external contractors. Since 2007, the IRS Whistleblower Office has recovered over $5.7 billion and awarded $931.7 million.
3. Is it possible to keep their identity confidential?
Yes, whistleblowers can choose to keep their identity confidential or anonymous. The Dodd-Frank Act provides the option for confidential reporting or anonymous submissions. However, to maintain anonymity while seeking a reward, whistleblowers must work through an attorney.
4. Are financial rewards available for auditing and accounting whistleblowers?
Yes, financial rewards are available. U.S. reward statutes allow whistleblowers who provide original information to the SEC, resulting in successful enforcement actions, to receive 10% to 30% of penalties exceeding $1 million. The IRS Whistleblower Program offers rewards of 15% to 30% for cases involving over $2 million in taxes, penalties, and interest.
5. Must whistleblowers be U.S. citizens?
No, U.S. whistleblower laws apply to individuals regardless of their nationality. International whistleblowers can report violations of U.S. securities laws or tax regulations, even if they are not U.S. citizens and the company is not based in the U.S.
6. What additional legal protections are available to auditing and accounting whistleblowers?
Auditors and accountants are protected from retaliation under the Sarbanes-Oxley Act, which covers whistleblowers who report violations of federal securities laws, SEC regulations, or fraud against shareholders. This protection extends to employees and contractors of publicly traded companies. Whistleblowers who succeed in retaliation claims may receive compensation, job reinstatement, and other damages.
If you are considering whistleblowing, contact Nashville whistleblower attorney Timothy L. Miles today.
If you have information about fraud involving the federal government, Nashville whistleblower attorney Timothy L. Miles is ready to guide you through the process and explain your protections. Consultations are free and confidential. Call (855) 846-6529 or email tmiles@timmileslaw.com. See how a Nashville whistleblower attorney can assist you in seeking justice.