WHISTLEBLOWER RIGHTS

5 IMPORTANT Stats On Whistleblower Cases

How Common Are Whistleblower Cases?

Source: whistleblowers.gov

0

500

1000

1500

2000

2500

ACA AHERA AIR21 CFPA CPSIA EPA ERA FRSA FSMA ISCA MAP21 NTSSA OSHA PSIA SOX SPA STAA

Whistleblower Cases Received, 2015 (By Statute)

Statue note:

Abbreviation Full Name

ACA Affordable Care Act

AHERA Asbestos Hazard Emergency Response Act

AIR21 Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

CFPA Consumer Financial Protection Agency

CPSIA Consumer Product Safety Improvement Act

EPA Environmental Protection Agency

ERA Energy Reorganization Act

Statue note:

Statue Abbreviation Full Name of Statue

FRSA Federal Railroad Safety Act

FSMA Food Safety Modernization Act

ISCA International Safe Container Act

MAP21 Moving Ahead for Progress in the 21st

Century

NTSSA National Transit Systems Security Act

OSHA Occupational Safety and Health Act

PSIA Pipeline Safety Improvement Act

Statue note:

Statue Abbreviation Full Name of Statue

SOX Sarbanes-Oxley Act

SPA Seaman’s Protection Act

STAA Surface Transportation Assistance Act

How Many Whistleblower Cases Are Being Filed?

Richard Celler Legal, P.A.

Source: whistleblowers.gov

0

500

1000

1500

2000

2500

3000

3500

FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015

Whistleblower Cases Received (FY 2005 - FY 2015)

How Are Most Whistleblower Cases Resolved?

Complaint determinations, 2015:

Complaint Determinations Number of Cases

Merit 45

Settled 3989

Settled Other 1960

Dismissed 15131

Kick-Out 349

Withdrawn 4507

Total Determinations 3337

Source: whistleblowers.gov

How Expensive Is The Average Whistleblower Case?

Richard Celler Legal, P.A.

• fraud costs about 5% of revenue to the typical organization each year

• over 40% of all cases were detected by a tip

According to a survey:

Source: Report To the Nations On Occupational Fraud and Abuse

According to a survey:

Source: Report To the Nations On Occupational Fraud and Abuse

Categories ofOccupational Frauds

Frequency Median Loss

Asset Misappropriations 85% $130,000

Corruption 37% $200,000

Financial Statement Fraud

9% $1M

• $54M were paid out to whistleblowers since August 2011

• in 2015, more than $37M was paid out to whistleblowers

According to the 2015 Annual Report to Congress On The Dodd-Frank Whistleblower Program:

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• the top payout to a single whistleblower was $104M in 2012 (under IRS program)

• the top payout to a single health care whistleblower was $96M in 2010 (under the False Claims Act)

Other whistleblower awards:

• between 1986-2013, $40 billion was recovered under the Federal False Claims Act

• in 2011, the EEOC has recovered about $100M for individuals (whistleblowers) claiming retaliation

Other whistleblower awards:

How Often Do Whistleblowers Experience

Retaliation?

Richard Celler Legal, P.A.

• 45% of US workers observed wrongdoing

• 65% - reported it • 22% of those who reported

wrongdoing experienced retaliation

According to the National Business Ethics Survey, 2011:

Source: Retaliation: When Whistleblowers Become Victims

• 46% of those who observed wrongdoing but didn’t report, said they were afraid of retaliation

According to the National Business Ethics Survey, 2011:

Have Your Rights Been Violated? Want To Know What Damages You May Be Entitled? Ask (FREE) Here: http://www.floridaovertimelawyer.com/practice-areas/whistleblower-protection-attorney/

• retaliation is the top complaint to the EEOC – 44.5%, 2015

• about 1 in 3 charges that a made by whistleblowers will result in retaliation

According to the EEOC:

Source: EEOC.gov

What Is Asbestos?

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