ESG Whistleblower Lawyers
Our Lawyers Help Whistleblowers Expose ESG Fraud Across the United States
Whistleblower Team Lead
Former DOJ Attorney
Whistleblower Team Lead
Whistleblower Team
Former U.S. Attorney and District Attorney
Corporations, financial institutions, and other entities that claim to apply environmental, social, and governance (ESG) factors to their governance have a legal obligation to actually apply these factors as they claim. Falsely representing adherence to ESG policies is a form of fraud—and it is a form of fraud that can harm investors, consumers, employees, and the public at large.
If you have (or believe you may have) information about ESG fraud, you may be eligible to come forward as an ESG whistleblower. Our lawyers represent current employees, former employees, and other ESG whistleblowers nationwide. We help whistleblowers expose fraud, demand transparency, and work with the government to establish accountability—and we do so at no out-of-pocket cost.
When Can (and Should) You Blow the Whistle on ESG Fraud?
Environmental, social, and governance (ESG) whistleblowers can report wrongdoing committed by all types of corporate and non-corporate entities. If any entity falsely claims to prioritize ESG outcomes, ESG investments, or the interests of environmental or social stakeholders, this entity can—and should—be held accountable. Our attorneys handle ESG whistleblower cases involving entities including (but not limited to):
- Privately held companies
- Publicly traded corporations
- Non-profit organizations
- Brokerage firms
- Mutual funds
- Investment banks
- Other financial institutions
ESH fraud committed by these (and other) entities can take many different forms. If you have evidence, or if you have access to evidence, of any of the following forms of ESG fraud, we strongly encourage you to schedule a free and confidential consultation with an ESG whistleblower lawyer at our firm:
Greenwashing
“Greenwashing” is the term for misrepresenting a company’s commitment to environmental stewardship. It can involve everything from falsely claiming that a company’s products are environmentally friendly to attempting to conceal information about greenhouse gas emissions. If you are aware of a company misrepresenting its efforts to protect the environment or its commitment to environmental compliance, you may be eligible to come forward as an ESG whistleblower.
Social washing involves misrepresenting an organization’s commitment to social responsibility. Common forms of social washing include making false claims about an organization’s diversity and inclusion practices, covering up labor law violations, and otherwise putting organizational interests before the public interest. If you have information about an organization’s attempts to mislead investors, the general public, or the government about discrimination, labor law violations, or any other matter impacting society as a whole, you may be eligible to come forward as an ESG whistleblower in this scenario as well.
Governance Washing
Businesses engage in governance washing when they say that they are committed to corporate responsibility in public but act differently behind the scenes. If an organization’s purported commitment to ESG principles is not made in good faith, this can warrant ESG whistleblowing as well. Concealing or ignoring misconduct by management, engaging in bribery and corruption, and other violations of applicable laws and regulations can expose all types of organizations to liability for ESG fraud.
From falsely claiming to prioritize environmental concerns to concealing information about discrimination, harassment, and other prohibited practices, all types of ESG-related misrepresentations can expose corporations, financial institutions, and other organizations to civil—or, in some cases, even criminal—liability. Internal communications, other internal documents, public disclosures, and various other forms of evidence can all be used to prove these misrepresentations in whistleblower cases.
Covering Up Environmental Harm
Covering up environmental harm is a common form of ESG fraud that can implicate a host of federal laws and regulations. In these cases, regulators often rely on whistleblowers to come forward, and whistleblowing mechanisms exist under various federal statutes. If you are aware of a company covering up environmental harm—or if you have concerns that your employer may be covering up environmental harm—we invite you to contact us for more information.
Covering Up Other Forms of Corporate Misconduct
Along with covering up environmental harm, ESG whistleblowers can expose efforts to cover up other forms of corporate misconduct as well. Here too, various federal whistleblower protection laws may apply, and our attorneys can help you understand the confidentiality and other protections that are available. In some cases, monetary awards will also be available to individuals who come forward.
Retaliation
Retaliating against individuals who attempt to expose empty ESG-related promises and other forms of ESG fraud is also prohibited under federal law. If you are aware of your employer, your employer, or another organization retaliating against someone who attempted to do the right thing, you may be eligible to serve as an ESG whistleblower in this scenario as well.
Whistleblower Protections in ESG Fraud Cases
Whistleblowers who expose ESG fraud through the appropriate channels are entitled to strong protections under federal law. Generally, this involves either: (i) filing a qui tam lawsuit in federal court; or, (ii) coming forward directly to the U.S. Securities and Exchange Commission (SEC) or another federal agency.
Anonymous reporting is possible in some, but not all, cases. However, when anonymous reporting is not an option, ESG whistleblowers are entitled to strict confidentiality. The SEC and other agencies have an obligation to protect whistleblowers’ identities under federal law; and, when you engage our law firm to represent you, our attorneys will assist with protecting your identity as well. Furthermore, even if your identity were to be disclosed (or your employer were to discern your identity), your employer would be prohibited by law from retaliating against you.
Whistleblower Awards in ESG Fraud Cases
In many cases, whistleblowers who expose ESG fraud through the appropriate channels can become eligible to receive monetary awards. Whistleblower awards are available in qui tam cases and under the SEC’s whistleblower program, among others. If you follow the necessary procedures to serve as an ESG whistleblower and your complaint leads to a successful enforcement action, you may be entitled to between 10% and 30% of the amount the government recovers in damages and penalties.
FAQs: Serving as an ESG Whistleblower
The procedures you need to follow to report ESG fraud related to corporate governance depend on the specific nature of the fraud you are prepared to disclose. As a result, working with an experienced federal whistleblower lawyer is strongly recommended. An experienced federal whistleblower lawyer will be able to explain the relevant process based on the information you have in your possession; then, if you decide to blow the whistle, your lawyer will be able to help you navigate this process in compliance with applicable law.
In most cases, reporting ESG fraud related to investment disclosures involves submitting a complaint under the SEC’s whistleblower program. The SEC accepts whistleblower complaints involving fraudulent misrepresentations and omissions by securities issuers as well as fraudulent claims made by investment banks, brokerage firms, and other entities in the securities industry. When submitting complaints under the SEC’s whistleblower program, whistleblowers must meet strict substantive and procedural requirements, so working with experienced legal counsel is strongly recommended here as well.
What Happens After I File an ESG Whistleblower Complaint?
If you file an ESG whistleblower complaint in compliance with federal law, the relevant federal agency will conduct an investigation based on the information you have provided. This agency will want you to play an active role in the investigation—and you can do this through your whistleblower attorney. At Oberheiden P.C., our attorneys have extensive experience working with the SEC and other federal authorities on behalf of our clients. If you decide to come forward, our attorneys can work with the government on your behalf, and we can help you make informed and confident decisions throughout the process.
Will My Employer Be Able to Identify Me if I Come Forward as an ESG Whistleblower?
While ESG whistleblowers are entitled to confidentiality under federal law, we cannot guarantee that your employer will be unable to discern your identity. With that said, whistleblowers’ identities remain confidential in the vast majority of cases. At Oberheiden P.C., we work closely with federal authorities to protect our clients’ identities, and we pursue unlawful retaliation claims against our clients’ employers in the limited circumstances that these claims are necessary.
Do I Need a Lawyer to Serve as an ESG Whistleblower?
While you are not legally required to hire a lawyer to serve as an ESG whistleblower, hiring a lawyer is strongly recommended for all of the reasons discussed above. You do not have to try to handle your situation on your own, and hiring a lawyer to assist you should not cost you anything out-of-pocket in this scenario.
Schedule a Free and Confidential Consultation with an ESG Whistleblower Lawyer at Oberheiden P.C.
Do you have questions about serving as an ESG whistleblower? If so, we invite you to contact us for a free and confidential consultation. To speak with one of our senior whistleblower lawyers in confidence as soon as possible, please call 888-680-1745 or contact us confidentially online today.
