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Jonathan Tycko

Jonathan Tycko’s Answers

5 total

  • I am afarid of what will happen by coming forward. I have an SEC whistleblower issue. What is at stake by coming forward?

    The issue is insider trading however and I have the relevant proof. I would rather not say anything. I think this will only make things difficult for my career in the future. I also don't see any upside why should I come forward at all. The fr...

    Jonathan’s Answer

    Since the Maddoff case, things have changed significantly. A new law was passed that established a separate office within the SEC's Washington DC headquarters to handle whistleblower claims, and the SEC now has a fund of over $400 million that it intends to use solely to pay awards to whistleblowers. If you hire an attorney, the attorney can submit the information to the SEC anonymously, and still preserve your right to an award. And an attorney knowledgeable about the workings of the SEC can help bring the SEC's focus to your issues. Accordingly, given what you state in your inquiry, I would suggest that you contact an attorney knowledgeable about the handling of whistleblower claims. The attorney can give you more specific advise once he or she knows more about the situation.

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  • I'm victim of Investment fraud. Can I go public with the investments and names involved before charges are made?

    I went into contract with two people who I trusted because one is a very well known pastor and the other a man whose family name is known by most all households worldwide. My small town authorities simply do not have the experience or the resourc...

    Jonathan’s Answer

    Depending on the nature of the fraud, you may be able to file an SEC whistleblower complaint. Also, if there are a large number of individuals who have been victims of the fraud scheme, it may be possible to band together to bring a collective action or class action to recover the money you have lost. If you cannot find an attorney in your own town who has the experience or resources to handle these types of cases, consider looking more broadly for attorneys with whistleblower or securities law experience.

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  • Can i be considered a whistleblower if i tell on my partners fraudulent activities in healthcare business?

    I have a small share in Homehealth business. The owners are commiting "kickback activities". They are hiding the kickback pays by amlplifying their salaries, and hiring "dummy" marketers. Now that the company is not doing good they are cutting emp...

    Jonathan’s Answer

    If the business submits claims to either the Medicare or Medicaid systems, then the facts you allege likely indicate a violation of the federal False Claims Act, or similar state laws. Those laws permit a whistleblower to file a "qui tam" lawsuit -- which is a lawsuit filed on behalf of the government, but by a private citizen -- against the company. Typically, those lawsuits are filed "under seal" and remain confidential for a period of time, on average about 18 months. During that "seal" period, the government will investigate your claims, and you will remain anonymous. I believe that if you search the AVVO Legal Guides for the term "qui tam" you will find some more detailed discussions of this unique type of legal proceeding. Good luck with your situation.

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  • How can a person go about starting a hostile take-over of an HOA and removing the management company from "managing"?

    HOA fees are nearly $1000 annually - for what? landscaping and pool maint. but we are in a community with condos and townhomes and townhomes pay more than condos, but condos require more maint. Paying 1/2 of HOA fee is not acceptable and a lien w...

    Jonathan’s Answer

    HOA's are mini-democracies. The only way to "take over" the HOA is to build a constituency, campaing on your issues, and try to get elected to the board of directors in the next election. The HOA is governed by its bylaws. When you bought into the community, you should have received a copy of the bylaws. The bylaws will explain the rules and procedures for the elections.

    The management company is likely operating under a contract that was approved by the board of directors. Once you get elected to the board of directors, you will need to review that contract to determine what rights the HOA has to terminate the contract for mismanagement or other reasons.

    Good luck!

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  • I want to move back into my home in DC and have provided the tenant with 30 days notice. Do I also need a court order?

    Currently, my home is being rented to a Section 8 participant. The Housing said that my notice isn't enough and that I'll need to obtain a court order. If I don't the tenant could lose her voucher. It is my understanding that in DC, a landlord can...

    Jonathan’s Answer

    Under DC law, the notice is a requirement before you can take possession for your own personal use. The tenant is required to vacate the apartment in response to that notice, assuming the notice was proper. The problem arises if the tenants fails to move out. Then, you would need to go to court to get an order formally evicting the tenant. Without such an order you cannot physically force the tenant out.

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