Some potential SEC whistleblowers may wonder whether they would be better off reporting to the SEC with or without an SEC whistleblower lawyer. One thing to think about is how the SEC Staff feels about the involvement of
SEC whistleblower lawyers. To answer this question, SEC and other government officials’ public statements about SEC whistleblower lawyers can be insightful.
– The SEC’s Director of Enforcement (Sept. 2016)
An SEC whistleblower has the right to be represented by an SEC whistleblower lawyer. Both the U.S. Congress and the SEC expected that many whistleblowers would hire SEC whistleblower lawyers. The
SEC whistleblower rules reflect that expectation. In fact, those rules require that an anonymous whistleblower must be represented by an SEC whistleblower lawyer.
The knowledge, experience, and assistance that an SEC whistleblower attorney from a reputable SEC whistleblower law firm can provide is discussed
here.
Speeches, Testimony, And Public Statements By SEC Officials And Staff
SEC or other government officials’ comments can be broadly categorized in three ways: (1) official or authorized statements, (2) personal views of the official, or (3) a combination of those two.
“Official” or “authorized” statements are those that can be attributed to
the SEC or other government agency itself. For example, a senior SEC official’s statement in a formal press release on SEC letterhead, or in an SEC amicus brief to a court, can probably be relied upon as representing the views of the SEC, unless there is a note or disclaimer saying otherwise.
A government official may express his or her own “personal” view in a speech to a lawyers’ group, or to an industry or business association, or in some other forum. When SEC officials give their own personal opinions, they usually include disclaimers that the statements are the speaker’s own personal views, are not to be taken as official statements by the SEC, do not reflect the views or beliefs of the SEC, are not binding on the SEC, or something similar.
Occasionally a government official may make statements that are part official or authorized and part personal opinion. Hybrid comments like this may happen, for example, when an SEC official such as the SEC Chair testifies under oath before a Congressional Committee. Technically, the official is testifying in his or her formal SEC capacity. But during the testimony, the SEC official might be asked questions that call for him or her to provide personal opinions, as well.
Public Comments Regarding SEC Whistleblower Lawyers
For an example of some public statements that have been made about SEC whistleblower attorneys, please click on the link below:
