2012 US Code
Title 18 - Crimes and Criminal Procedure
Part I - CRIMES (§§ 1 - 2725)
Chapter 73 - OBSTRUCTION OF JUSTICE (§§ 1501 - 1521)
Section 1514A - Civil action to protect against retaliation in fraud cases
|Publication Title||United States Code, 2012 Edition, Title 18 - CRIMES AND CRIMINAL PROCEDURE|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 18 - CRIMES AND CRIMINAL PROCEDURE |
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
Sec. 1514A - Civil action to protect against retaliation in fraud cases
|Laws in Effect as of Date||January 15, 2013|
|Source Credit||Added Pub. L. 107-204, title VIII, §806(a), July 30, 2002, 116 Stat. 802; amended Pub. L. 111-203, title IX, §§922(b), (c), 929A, July 21, 2010, 124 Stat. 1848, 1852.|
|Statutes at Large References||116 Stat. 802 |
124 Stat. 1848
|Public Law References||Public Law 107-204, Public Law 111-203|
(1) to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes a violation of section 1341, 1343, 1344, or 1348, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders, when the information or assistance is provided to or the investigation is conducted by—
(A) a Federal regulatory or law enforcement agency;
(B) any Member of Congress or any committee of Congress; or
(C) a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct); or
(2) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed (with any knowledge of the employer) relating to an alleged violation of section 1341, 1343, 1344, or 1348, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders.
(A) filing a complaint with the Secretary of Labor; or
(B) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.
(A) reinstatement with the same seniority status that the employee would have had, but for the discrimination;
(B) the amount of back pay, with interest; and
(C) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.
(Added Pub. L. 107–204, title VIII, §806(a), July 30, 2002, 116 Stat. 802; amended Pub. L. 111–203, title IX, §§922(b), (c), 929A, July 21, 2010, 124 Stat. 1848, 1852.)Amendments
2010—Subsec. (a). Pub. L. 111–203, §929A, in introductory provisions, inserted “including any subsidiary or affiliate whose financial information is included in the consolidated financial statements of such company” after “the Securities Exchange Act of 1934 (15 U.S.C. 78o(d))”.
Pub. L. 111–203, §922(b), in introductory provisions, inserted “or nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c),” before “or any officer,” and “or nationally recognized statistical rating organization” before “, may discharge,”.
Subsec. (b)(2)(D). Pub. L. 111–203, §922(c)(1)(A), substituted “180” for “90” and inserted “, or after the date on which the employee became aware of the violation” before period at end.
Subsec. (b)(2)(E). Pub. L. 111–203, §922(c)(1)(B), added subpar. (E).
Subsec. (e). Pub. L. 111–203, §922(c)(2), added subsec. (e).Effective Date of 2010 Amendment
Amendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.
1 So in original. Another closing parenthesis probably should precede the comma.
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