Foreign Corrupt Practices Act
In today’s rapidly globalizing world, it has never been more vital to ensure that business is conducted ethically, and with integrity and transparency. At the core of this mission is the Foreign Corrupt Practices Act (FCPA), a groundbreaking U.S. legislation aimed at curbing unethical business practices in both domestic and international markets.
Our Firm’s Track Record in FCPA Whistleblower Cases
Over the years, the law firm of Kohn, Kohn and Colpainto has taken pride in being at the front lines of FCPA litigation. With an unwavering commitment to our clients who expose foreign corruption, we have been instrumental in obtaining over $70 million in rewards for multiple non-U.S. citizen whistleblowers across Europe, Asia, and Latin America. This amount is proof of our expertise and understanding of the complex workings of the FCPA and related legislations.
However, as proud as we are of this milestone, it’s essential to understand the underlying mission that drives our approach. While we have been instrumental in many significant cases, our commitment goes beyond financial rewards. Our primary mission is to ensure the safety, confidentiality, and anonymity of the brave individuals who come forward.
The Importance of Confidentiality
The very nature of blowing the whistle on corrupt practices means that individuals are often at risk, both professionally and personally. Recognizing this, we have always prioritized the confidentiality of our clients above all else.
We understand that many potential whistleblowers might hesitate to come forward out of fear of retribution. That’s why we’ve created an intake process that ensures that details of the cases and the whistleblowers themselves remain protected at all times. By ensuring confidentiality, anonymity, and security, we hope to encourage more individuals to step forward, secure in the knowledge that their rights will be defended and upheld by our dedicated team.
Provisions under the FCPA for Foreign Whistleblowers
The FCPA has robust provisions that reward and protect whistleblowers, including those from outside the United States. Whistleblowers can receive between 10% and 30% of the monetary sanctions collected by the government as a result of their tip if the sanctions exceed $1 million. The FCPA protects whistleblowers from retaliation by employers, ensuring that they cannot be unjustly terminated, demoted, or harassed due to their reporting of corrupt practices.
SEC and CFTC Provisions for Whistleblowers
For individuals in the U.S. the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) offer additional protections and incentives. Just like the FCPA, the SEC and CFTC also offer significant financial rewards to whistleblowers whose tips lead to successful enforcement actions. And with the help of an attorney, whistleblowers can report violations to the SEC anonymously. Both the SEC and CFTC have provisions that prohibit retaliation against whistleblowers, safeguarding their careers and well-being.