Bribery and FCPA whistleblowers can provide company documents to the United States Securities and Exchange Commission (SEC) under the Dodd-Frank reward program despite confidentiality and non-disclosure provisions in their companies’ employment agreements. As background, international and FCPA whistleblowers are eligible for large rewards for reporting corporate bribery under the Dodd-Frank reward program.
According to a 2017 case called Erhart v. BofI Holding, SEC whistleblowers can share company documents with the government as long as the documents are “reasonably necessary to support the allegations of wrongdoing.” The Erhart court focused on the “nexus between the confidential documents in question and misconduct alleged by the whistleblower[,]” and held that “BofI has not demonstrated Erhart engaged in a wholesale stripping of [BofI]’s confidential documents—or that his appropriation of its files was vast and indiscriminate.” Applying the Erhart court’s rationale, international and FCPA whistleblowers should be careful to provide documents that are reasonably necessary to support their allegations of corporate bribery and to not provide confidential company documents that are irrelevant to their claims.
If anyone has information or documents about an SEC-regulated company (or one of its local affiliates, subsidiaries, or agents) making payments or providing incentives to government officials and would like to discuss making a confidential or anonymous submission under the Dodd-Frank program, please feel free to contact me at firstname.lastname@example.org for a free consultation. For more information and details about the Dodd-Frank reward program, please click here. And for more details about how the reward program applies to FCPA whistleblowers, please click here.