SEC Whistleblower Lawyer

Qualified/Selective Representation

When an individual decides to become an SEC whistleblower, he or she is taking a significant step, which should be done with careful thought, and possibly the input of a competent attorney. Although the law does not require a whistleblower to have an attorney, an anonymous tip can only be submitted through counsel. Likewise, the Dodd-Frank law's requirements for becoming a successful whistleblower are complex, and the careful review of a competent attorney can enhance the whistleblower's likelihood of submitting a tip that actually leads to an award.

The process of formulating the submission, presenting it to the SEC in a manner designed to maximize the chance that it will be reviewed and lead to an investigation, the preparation of an award claim that makes a strong case for the whistleblower, and the various interactions with SEC staff that may take place with the whistleblower over the course of the case, underscore how important it can be to have a competent lawyer to shepherd the whistleblower through this complex process.

Dan Hurson was one of the first lawyers in the U.S. to undertake the representation of SEC whistleblowers. His extensive background as a former SEC lawyer has contributed to his practice on behalf of whistleblowers. When the SEC was drafting the law's rules, Dan Hurson made many pro-whistleblower suggestions that were cited by the SEC in its Final Rule (See Federal Register Vol. 76 No. 113, June 13, 2011, page 34300 et seq).
Dan Hurson also served on The District of Columbia Bar Association Committee that made numerous suggestions to the SEC on its proposed rules to govern the law. He has subsequently written and spoken extensively on the whistleblower law. His article "10 Rules for Becoming a Successful SEC Whistleblower" has become one of the most widely read articles on the Internet on the subject (HERE). Dan is now representing a significant number of SEC whistleblowers from all around the world. A number of important SEC investigations now in progress were initiated or supported by tips supplied by Dan Hurson's whistleblower clients. One of his clients received has received an award in excess of $3.5 million, one of the larger awards in the program.

While there are a number of fine lawyers who now offer to represent SEC whistleblowers, here are some reasons to consider retaining Dan Hurson as your counsel:

  • Dan Hurson is an experienced federal securities lawyer

While many lawyers hold themselves out as "whistleblower lawyers," few have any extensive background in the enforcement by the SEC of the complex securities laws of the United States. Many lawyers have experience representing whistleblowers in the litigation of qui tam cases under the False Claims Act, but these cases often focus on procurement fraud against the federal government, not violations of the federal securities laws by corporations. Other lawyers are familiar with securities law class actions, which they file against companies, but they do not generally represent whistleblowers before the SEC. In fact, most lawyers who practice securities law do not as a rule represent whistleblowers, nor do most plaintiff's lawyers who do not specialize in the area of securities law.

In contrast, Dan Hurson is a former trial lawyer for the SEC itself, having served as Assistant Chief Litigation Counsel in the SEC's Enforcement Division in Washington. Since entering private practice Dan for many years represented clients involved in DOJ, SEC and FINRA investigations, either as witnesses, targets, or defendants. For example, during his career, he has defended a number of individuals involved in FCPA, insider trading, and accounting fraud cases. Dan’s practice now focuses on representing whistleblowers before the SEC and the CFTC.

Many whistleblower tips arise from the types of cases Dan has handled, either while at the SEC, or in his prior defense practice, or on behalf of other whistleblowers.
Dan is also a former Assistant U.S. Attorney in the Department of Justice, a white-collar crime federal prosecutor who is familiar with the criminal securities laws and Department of Justice procedures. Few other whistleblower lawyers have been both an SEC and DOJ enforcement lawyer. This DOJ experience can be important when the SEC involves the DOJ in the case, as in now happening more frequently.

Dan Hurson has also prosecuted or defended at trial a number of major federal criminal cases, including the prosecution of a sitting governor. He can be aggressive when needed, but also has experience in negotiating settlements and working closely with government lawyers. He has also handled a number of major civil cases in which multimillion-dollar settlements have been achieved for his clients from major corporations in cases involving fraudulent investments, and securities and accounting fraud. Dan Hurson now brings this accumulated experience of over 40 years to bear on behalf of his whistleblower clients.

  • Dan Hurson is familiar with the SEC whistleblower law and the process to obtain an award

Dan Hurson was one of the first securities lawyers to focus in his practice on the representation of SEC whistleblowers. As can be seen from looking at the many articles he has written on the law, and his commentary in major news media, he has taken a forceful stand on behalf of whistleblowers. He made many helpful suggestions to the SEC when the staff was drafting the rules, for which the SEC cited him by name six times in its Final Rule on the whistleblower law. Over the last five years, Dan Hurson has represented a number of whistleblowers in which the SEC has opened active investigations triggered in whole or part by their tips. These clients come to Dan Hurson from all over the world, and have provided information to the SEC on a variety of securities law violations, including the Foreign Corrupt Practices Act (FCPA), accounting fraud, misrepresentation to investors, and other offenses.

The Dodd-Frank whistleblower law and its implementing rules are complicated. The rules issued by the SEC to govern operation of the law, and the SEC's explanation of the rules, cover several hundred pages of fine print. Achieving a successful result for a whistleblower in this process, which can take several years or more to come to fruition, may be assisted greatly by having a lawyer who knows the Dodd-Frank law, the SEC rules, and has a familiarity with the way in which the SEC staff handles these cases. To proceed anonymously, the whistleblower will have to retain counsel. Even the best tips may never result in an award unless they are presented in compelling fashion, comply in all respects with the law's multiple requirements, and grab the attention of the SEC staff. In all these aspects, having Dan Hurson on your side may prove very helpful.

  • Dan Hurson will truly be YOUR lawyer

Dan Hurson has his own solo practice. As a sole practitioner, he rarely has any conflicts of interest, and in fact receives referrals of individuals from lawyers in large firms who are themselves conflicted out from representing whistleblowers.

When you call him, he personally will answer the phone. He will listen carefully to your case and give you the best initial advice he can, at no cost or obligation to you. All conversations are confidential, and covered by the attorney-client privilege. You do not have to identify yourself. Dan will provide an honest evaluation, and in some cases, Dan may even advise you against pursuing a claim. But if you choose him as your lawyer, and he accepts your case, he will personally work diligently on every aspect of the case. These cases can take several years or more to reach fruition, and you will throughout this lengthy process want a lawyer with whom you are comfortable and who truly cares about you, your family, your security, and the ultimate goal of rewarding your courage and honesty with a financial reward commensurate with the risk you have taken to "do the right thing" and become a whistleblower.

Dan works on contingency basis, for a reasonable fee. There is no cost to the whistleblower unless and until an award is made. If he takes your case, you can be assured he will stay by your side and do everything he can to achieve a successful result. In the end of course it is the SEC which decides whether to bring an enforcement action, and whether to give an award to the whistleblower, and for how much. Throughout that process, Dan Hurson will do everything he can to maximize the possibility of an award for his client.

The types of SEC or other violations that would potentially qualify as whistleblower claims are:

Direct Contact With Your Attorney

If you select Dan Hurson as your attorney, he will be your only lawyer on the case, and will give you his complete attention. Call 443-458-5628 to discuss your case, or Dan Hurson’s law firm an email to schedule an appointment.