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United States Fourth Circuit


Platone v. US Dept. of Labor, 071635

In a claim by an employee alleging employer fraud, denial of whistleblower protection under the Sarbanes-Oxley Act is affirmed where: 1) a complainant must alert management to more than the fact that the company's near-term profits were affected by billing discrepancies in order to meet the standard of definitively and specifically alleging mail or wire fraud; and 2) plaintiff did not sufficiently articulate her fraud theory to Atlantic Coast Airlines, and Sarbanes-Oxley did not afford plaintiff whistleblower protection.

Appellate Information

  • Decided 12/03/2008
  • Published 12/03/2008

Judges

Court

  • United States Fourth Circuit

Counsel

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