There has been discussion re the anonymity of a SE
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Posted On: 10/31/2020 3:09:47 AM
There has been discussion re the anonymity of a SEC whistle blower etc
The purpose of the whistleblower protections is to protect somebody who honestly without ulterior purposes of vendtetta etc is helping the sec enforce the law by providing such info.
But even evil organizations dont like to be manipulated and used as somebodies battering ram for ulterior private purposes and if the blower is prosecuted by SEC for perjury he would under general principals of law lose that anonymity and he may lose it if it is determined the complaint is initiated as a personal vendetta -what the law might call a frivolous complaint or suit.
There are limitations to almost every right. The First amendment right to free speech is limited by the laws of defamation and newly devised categories of hate speech etc; the 2nd amendment "right to bear arms... shall not be infringed upon"- yet such right is infringed upon by numerous laws variably in all 50 states and even city by city; and so on.
There is also a fundamental right to know who your accuser is and cross examine such accuser- whistleblower regs provide certain exceptions subject to the stipulations noted above.
Also the standard of negligence is all that is needed for a private person to sue his accuser for defamation-that the accuser was negligent in the formulation of his facts etc.
Also the defendant cannot be denied all his rights. One such right is the right to sue for tortious interference with ones business. How these general principles mishmash with the particular protections of the whistle blower would be a good example of strategy. As I said earlier businesses are increasingly suing those who thru vendetta etc tortiously interfere with their business.
I've seen examples and such companies probably utilize various strategies but i never looked into it.
https://www.sec.gov/about/forms/formtcr.pdf
The purpose of the whistleblower protections is to protect somebody who honestly without ulterior purposes of vendtetta etc is helping the sec enforce the law by providing such info.
But even evil organizations dont like to be manipulated and used as somebodies battering ram for ulterior private purposes and if the blower is prosecuted by SEC for perjury he would under general principals of law lose that anonymity and he may lose it if it is determined the complaint is initiated as a personal vendetta -what the law might call a frivolous complaint or suit.
There are limitations to almost every right. The First amendment right to free speech is limited by the laws of defamation and newly devised categories of hate speech etc; the 2nd amendment "right to bear arms... shall not be infringed upon"- yet such right is infringed upon by numerous laws variably in all 50 states and even city by city; and so on.
There is also a fundamental right to know who your accuser is and cross examine such accuser- whistleblower regs provide certain exceptions subject to the stipulations noted above.
Also the standard of negligence is all that is needed for a private person to sue his accuser for defamation-that the accuser was negligent in the formulation of his facts etc.
Also the defendant cannot be denied all his rights. One such right is the right to sue for tortious interference with ones business. How these general principles mishmash with the particular protections of the whistle blower would be a good example of strategy. As I said earlier businesses are increasingly suing those who thru vendetta etc tortiously interfere with their business.
I've seen examples and such companies probably utilize various strategies but i never looked into it.
https://www.sec.gov/about/forms/formtcr.pdf
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