Washington, D.C. Feburary 20, 2014. Today the Securities and Exchange Commission filed an extensive brief and position statement before the U.S. Court of Appeals for the Second Circuit urging the court to fully protect whistleblowers who make internal disclosures exposing fraud against investors and other violations of securities laws. Linked here are a copy of the SEC’s brief and a copy of a statement by Sean McKessy, Chief of the SEC Whistleblower Office. The brief was filed in the case of Liu Meng-Lin v. Siemens AG, case number 13-4385.
Stephen M. Kohn, Executive Director of the National Whistleblower Center, released the following statement regarding the SEC’s action:
“The brief filed today by the SEC marks a fundament shift in the position of the Commission and the whistleblower community. The Commission is backing up its words with action. The Commission’s rules recognize the importance of protecting employees who report fraud internally to managers. Practically speaking, most fraud is disclosed through the chain of command and retaliating against employees who report internally has a devastating impact on the enforcement of laws designed to protect shareholders from the unscrupulous wolves of Wall Street.
In filing a powerful and well written position statement supporting whistleblowers who report fraud internally, the SEC is backing up its rules with strong legal action. The SEC has done the right thing in advocating for justice in a whistleblower retaliation case.”
