INTAKE REVIEW

A partner reviews every intake form and request for consultation.

Given the high volume of requests, we regret that we are not able to speak with everyone who requests a consultation. To evaluate your case and whether there exists any conflict, it is likely that we will ask for additional information by email so we can consider your request. Please be as specific as possible if additional information is requested. Any information that you provide will be kept strictly confidential.

CONSULTATION

If we are interested in your case, we will schedule a confidential consultation.

We greatly appreciate your patience as we review your request, but we will do our best to review your request and respond to each. This hands-on approach by KKC partners makes it very difficult for the law firm to represent all of the whistleblowers who contact our firm. If KKC agrees to represent you the terms of representation will be agreed to in writing and one of our founding partners will manage your case.

Protect Your Identity and Confidentiality

While this communication is covered under the attorney client and work product privileges, unless we enter a written representation agreement, we are not your attorneys – disclaimer

Frequently Asked Questions

Yes, you may be eligible for legal assistance as a whistleblower even if you’re not a U.S. citizen. Several U.S. whistleblower programs allow non-U.S. citizens to report wrongdoing and potentially receive rewards and protections.

  • Securities and Exchange Commission (SEC) Whistleblower Program: This program allows non-U.S. citizens to report violations of securities laws and receive monetary awards of up to 30% of the recovered funds. Confidentiality and anti-retaliation protections are also available.
  • Commodity Futures Trading Commission (CFTC) Whistleblower Program: Like the SEC program, this allows non-U.S. citizens to report violations of commodities laws and receive awards of up to 30%.
  • False Claims Act: This law allows whistleblowers to report fraud against the U.S. government and receive awards of up to 30%. Eligibility for non-U.S. citizens depends on the specific type of fraud reported.
  • Foreign Corrupt Practices Act (FCPA): This law allows reporting of bribery to foreign officials by U.S. companies or their employees, regardless of the whistleblower’s nationality. Rewards are possible through the SEC and CFTC programs.
  • IRS Whistleblower Program: This program allows non-U.S. citizens to report tax fraud and potentially receive awards of up to 30%.

It’s important to remember that eligibility and protections for non-U.S. citizens can vary significantly between these programs.

Each program has its own specific rules and regulations, so it’s vital to consult with a knowledgeable whistleblower attorney to understand your specific situation and eligibility.

Anonymous whistleblowing depends on several factors, including the specific law or whistleblower program you’re reporting under and its specific regulations.

  • Dodd-Frank Wall Street Reform and Consumer Protection Act: the Dodd-Frank Act allows for anonymous reporting of securities and consumer fraud to the SEC, as well as commodities fraud to the CFTC, if you are represented an attorney who has verified your identity.
  • False Claims Act: While not explicitly allowing anonymity, the act protects whistleblowers from retaliation regardless of how they report.If a False Claims Act qui tam case is filed in court the complaint will eventually become public and it is the current policy of the U.S. Department of Justice that the identity of the relator (or whistleblower) who filed the suit must be disclosed publicly.There are exceptions where the identity of the whistleblower may be protected depending on the circumstances or with court approval so it is important to consult with an attorney about this. U.S. courts do not permit whistleblowers to pursue False Claims Act qui tam cases in court without an attorney.
  • Anti-Money Laundering Act: This whistleblower award law is like the Dodd-Frank Act and allows for anonymous reporting of money laundering, violations of the Bank Secrecy Act (BSA), sanctions violations, terrorist financing, market manipulation and more.
  • Sarbanes-Oxley Act (SOX): This act offers anonymous reporting options for corporate fraud to the SEC or internally within public companies. SOX does not provide financial awards to whistleblowers, but it contains a strong whistleblower protection provision that allows whistleblowers to sue their companies for retaliation.

Even if a program allows it, there’s a possibility your identity might be revealed during an investigation or if the government files civil or criminal charges against the company or wrongdoers. Furthermore, some programs require certain identifying information to be disclosed to the government for eligibility purposes, even with anonymous reporting.

Anonymity comes with risks, and legal advice is essential to maximize its effectiveness and protect your rights. A qualified whistleblower attorney can help you navigate the complexities and make informed decisions about reporting anonymously.

Most whistleblower law firms work on a contingency fee basis to file a claim for an award in financial fraud cases (such as the SEC, CFTC, FinCEN and IRS whistleblower programs), which means you won’t be required to pay any hourly fees upfront.

Instead, these firms typically take a percentage of any financial recovery you receive as a contingency fee, which can be up to 40% of the recovery. This ensures you won’t owe anything if you don’t win your case. The same contingency fee arrangement is not necessarily true in whistleblower employment retaliation cases. (See discussion below on fee arrangements in retaliation and employment cases.)

Overall, you can expect to pay nothing upfront when working with a whistleblower attorney in a financial fraud whistleblower award case. Just be sure to understand the specific terms of their fee agreement before moving forward.

In some cases where a whistleblower is retaliated against by a corporation or government agency, whistleblower law firms may charge the client hourly attorney’s fees (often at a reduced rate) and may require payment of litigation costs to pursue an employment retaliation case, or to negotiate a settlement or severance agreement.

Whether a firm charges a fee to pursue a retaliation claim may depend on several factors, such as financial recoveries in retaliation or employment cases are usually more limited than in financial fraud award cases and the litigation risks in retaliation cases are high, requiring a substantial amount of time to litigate a case if it proceeds to discovery or trial.

Many whistleblowers anti-retaliation laws contain fee-shifting provisions requiring the employer to pay the whistleblower’s attorney’s fees and costs if the whistleblower prevails, and the recovery of such statutory fees and costs awarded or paid in a settlement at the end of the case may result in reimbursement of any fees and costs the whistleblower may have to pay up front.