Ameris Bank Hit With $79.5M Whistleblower-Retaliation Judgment

Independently fact-checkedBy Recording Law Editorial Team8 min read

Independently fact-checked against primary sources (last audited July 30, 2026). · 1 primary source cited on this page. How we verify our legal content

Ameris Bank Hit With $79.5M Whistleblower-Retaliation Judgment

Frequently Asked Questions

How much did Ameris Bank have to pay in the Patrick Byrne case?

The U.S. District Court for the Central District of California entered final judgment of $79,548,170.80 on July 27, 2026, made up of roughly $16.6 million in compensatory damages and statutory penalties plus about $62.9 million in punitive damages. Prejudgment interest, post-judgment interest, costs, and attorneys' fees are still to be added.

Who is Patrick Byrne in this lawsuit?

This Patrick Byrne founded Balboa Capital, an equipment-finance company, in 1988 and served as its CEO until Ameris Bank acquired the company in December 2021 and later terminated him in June 2024. He is a different person from Patrick M. Byrne, the former CEO of Overstock.com; the two share a name but are unrelated.

What claims did the jury find Ameris Bank liable for?

The jury found Ameris liable on all four claims presented: wrongful termination in violation of public policy, whistleblower retaliation under California Labor Code Section 1102.5, failure to pay all wages due at termination, and breach of contract related to Balboa Capital's Long-Term Cash Incentive Plan.

Why was Patrick Byrne terminated from Ameris Bank?

According to court filings and reporting on the case, Byrne was terminated in June 2024 after repeatedly raising internal concerns that Ameris was miscalculating incentive-plan payouts owed to him and to more than 140 other former Balboa Capital employees.

Is Ameris Bank going to appeal the judgment?

Ameris Bank has stated publicly that it disagrees with the verdict, believes it is not supported by the facts or applicable law, and plans to appeal. As of July 30, 2026, the judgment stands as entered, but an appeal could change the outcome.

What is California Labor Code Section 1102.5?

Section 1102.5 is California's general whistleblower-protection statute. It generally prohibits an employer from retaliating against an employee for disclosing information the employee reasonably believes shows a violation of a state or federal law or regulation, including internal complaints to a supervisor and not only reports to an outside government agency.

Does California's at-will employment rule allow an employer to fire someone for whistleblowing?

No. California is generally an at-will employment state, meaning an employer can usually end employment for any lawful reason or no reason. Whistleblower retaliation is a recognized exception; firing an employee because of protected whistleblowing activity is not a lawful reason, and can support both a statutory claim and a common-law wrongful-termination claim.

Why were punitive damages awarded in this case?

Under California law, punitive damages require a finding, by clear and convincing evidence, that the defendant acted with malice, oppression, or fraud. The jury made that finding against Ameris Bank, which allowed it to also award punitive damages on top of the compensatory damages.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Allen Matkins Wins $79.54 Million Judgment for Balboa Capital Founder Patrick Byrne Against Ameris Bank (press release)(globenewswire.com)
  2. Ameris Bank owes former executive $80M, jury finds(hrdive.com)
  3. Ameris Bank owes former executive $80M, jury finds(bankingdive.com)
  4. Jury awards former Ameris employee $80 million in termination suit(americanbanker.com)
  5. California Labor Code Section 1102.5(leginfo.legislature.ca.gov).gov
  6. Patrick Byrne v. Ameris Bank, No. 8:24-cv-01989 (C.D. Cal.) docket(courtlistener.com)
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