Disney Settles Case with Whistleblower Sandy Kuba

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Previously we reported on the case of Sandy Kuba. Kuba worked for Disney as a senior financial analyst and claims she was fired after she reported some “revenue recognition issues” she discovered in Disney’s software to management. The anomalies allowed Disney to allegedly receive about three billion per year in false revenue, which reflected favorably for Disney in financial reports to the government and investors. Kuba was suing Disney for her termination after she reported her findings to the Securities and Exchange Commission (SEC.)

Prior to her report she was excellently rated at the company. Kuba tried to go through the proper channels to report the issue but claims that she was rebuffed and told that if she reported it anywhere else it would be seen as “retaliation against the company.”

She was fired by Disney in September of 2017. Later she filed another claim against Disney with the SEC in June, 2019. Her case against Disney has been going on for years. Just recently she was granted a hearing, which Disney tried hard to avoid. After that decision it seems that Disney had decided to settle with Kuba and Kuba has essentially won. But it cost her so much including her husband who passed away, likely due to the Disney drama.

Here is her statement:

Sandy Kuba’s statement from September 23, 2022:

We settled with Disney today.

Although I would have liked to continue, there was always a risk. While I have nothing to lose, the legal decisions of Judge Antoon that helped us prevail in Summary Judgement were too crucial to lose.

Attorney Frank Malatesta is already being approached by other attorneys who are working with whistleblowers and a top whistleblower attorney in the U.S. contacted me one day to tell me he was in awe of the survival of the case through the attempted dismissal and then Summary Judgement against a large corporation.

Once more – never say never. People told my late husband, who most called “Kuba”, that you can’t beat Disney, but that is not true as seen in this case. We were winning.

I learned at the end of this that even an official in one of the states I was seeking to protect contacted both sides when Disney tried to have the case dismissed in April, 2021. The state official told them they did not know why Disney was saying it was not protected activity because it definitely was.

Hearing that made me happy, but why the agencies did not help me, I don’t know.

Stuart Meissner told the SEC in January 2020, I became the poster child of whistleblowers that were not helped by the SEC. However, other companies should view Kuba v Disney as an example of all the things a company should NOT do. Another poster child.

Including areas where there is little in the way of previous decisions, Judge Antoon’s legal decisions on Kuba v Disney are there, they’re strong, and they are in favor of the whistleblower. They can be referenced by future whistleblowers and I hope they are.

And, I hope, whistleblowers will learn from the case and use it as a blueprint internally, and report to the SEC quickly.

Frank had told me to think of the Legacy I wanted to leave behind for my kids. But the Legacy I need to leave is for future whistleblowers. No matter how far I could take the case and no matter how much I could win, my story would end the same due to the suicide of my husband, Kuba, a true justice fighter.

Perhaps this decision today will leave some rulings that will give other whistleblowers the happy ending that eludes me.

I will continue to push for an investigation of Disney and work with any government officials who will listen. I will also provide help to other whistleblowers seeking advice.

I told my son Bobby today – I am still the Disney Whistleblower. He told me – and you always will be.

Now Bobby and I find ourselves at a crossroads. We can go in any direction and I am sure for each there is an adventure waiting for us. But no matter which road we choose, it will never change who I am.

I am the Code Administrator

I am the Whistleblower

And I am the widow.

I am Kuba

I thought it important to make sure that this was posted so those following the case know where it went. So often these cases just disappear but she let us know the outcome.

You can learn all about the Ms. Kuba and what led up to her case HERE.

I’m seriously happy for her because she has not had it easy and still she persisted. Many stopped covering her story, but my friend kept tabs and kept me updated on what was happening. What happened is wrong and shouldn’t happen.

What do you think? Comment and let us know.

Thanks to my friend Sarah for updating me.


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