Can I Negotiate a Whistleblower Immunity Deal with the SEC?
Employees who had involvement in a securities law violation may be concerned that the illegal activity could lead to criminal proceedings against them in a court of law. If you participated in or were ordered to engage in an activity that constitutes a securities law violation, you could be considering exchanging the information you have for an immunity deal to avoid prosecution.
Your Attorney Makes a Proffer
If you will be in need of an immunity deal, your SEC whistleblower attorney will issue what’s called a “proffer” to the government. Essentially, a proffer is an offer of assistance to the government in their investigation in exchange for cooperation or immunity in the case.
The SEC has a high regard for cooperation agreements and often encourages their use in obtaining additional information to support the investigations into violating companies. However, they also have been known to use this information to controvert false claims at a later time.
Cooperation Agreements and Immunity Deals
Before the SEC enters into a cooperation agreement with you, they will consider how valuable the information you have would be, how important it is to hold you liable for your participation in the misconduct, the significance of the investigation, and whether it is in the best interest of the public to give you credit for coming forward.
If the SEC decides that your tip can make a substantial difference, they may allow you to be a part of a cooperation agreement.
The SEC does not frequently provide immunity deals to whistleblowers. When they do, it would be because you had invaluable information about an impactful securities law violation and because your part in the offense was minimal or based on the orders of your superiors.
Contact an SEC Whistleblower Lawyer
If you have pertinent information that could help the SEC but believe you may need an immunity deal before becoming a whistleblower, seek counsel from an experienced whistleblower lawyer at Meissner Associates right away.
Not only could your culpability have minimal penalties, but you may also be entitled to an award for coming forward as a whistleblower. To schedule your free, completely confidential tip evaluation today, fill out the form below or call 1-866-764-3100.