Whistleblower & Qui Tam
BuckleySandler represents companies in internal investigations, government enforcement actions, and whistleblower and qui tam actions arising out of the False Claims Act, Sarbanes-Oxley Act of 2002, Dodd-Frank Wall Street Reform and Consumer Protection Act, Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), and other whistleblower statutes.
BuckleySandler’s Whistleblower team includes former government prosecutors, former SEC attorneys and seasoned litigation defense counsel. In particular, our team includes Thomas Sporkin, a twenty year veteran of the SEC and former Chief of the Office of Market Intelligence, and Andrew W. Schilling, former Chief of the Civil Division of Manhattan U.S. Attorney’s Office (SDNY). At the SEC, Mr. Sporkin served on the whistleblower rule writing team and led the agency’s efforts to organize and launch the SEC’s Whistleblower Office called for by the Dodd-Frank Wall Street Reform and Consumer Protection Act. Mr. Schilling also established and supervised the SDNY’s Civil Frauds Unit, which handles whistleblower investigations and lawsuits under the False Claims Act, and FIRREA.
Our experience includes:
- Drafting and implementing new whistleblower policies and procedures, including establishing internal reporting mechanisms such as hotlines and ombudsmen
- Conducting reviews of existing whistleblower programs and revising existing policies and procedures
- Conducting internal investigations in response to allegations of wrongdoing made by whistleblowers
- Addressing SEC disclosure issues, evaluating possible claims and making appropriate recommendations for remediation and reporting
- Representing companies and individuals in investigations and enforcement actions prompted by whistleblowers
- Defending against claims of retaliation