Whistleblowing

Under specific U.S. laws, both citizens and foreign nationals can qualify for financial rewards as whistleblowers if they disclose violations that result in the U.S. obtaining sanctions from the wrongdoer.

Whistleblowers may be eligible to receive whistleblower rewards for voluntarily providing the proper authorities with original, timely, and credible information that leads to a successful enforcement action against a fraudster. Rewards are paid as a percentage of the money recovered from a qui tam lawsuit or claim made under the IRS, SEC or CFTC whistleblower programs.

The best way to prevent retaliation is for your company not to know who you are. If they do not know who the whistleblower is, it is hard to retaliate. The most effective strategy is to be an anonymous and confidential whistleblower.

There is no uniform definition of a whistleblower. However, the definition commonly used includes someone whose loyalty is to the truth, becomes an informant to the government on corporate crimes, or seeks monetary rewards under various whistleblower programs.

Whistleblowing has proven to be the single most effective tool in the detection of waste, fraud, and abuse in the public and private sectors. Public statements by responsible law enforcement officials, regulators, Congressional leaders, and independent experts confirm its effectiveness.

Blowing the whistle is serious business. Your job, reputation, and career may be on the line. Your first priority should be to find a whistleblower lawyer, because not all whistleblower disclosures are lawful or protected. Moreover, many whistleblower laws permit you to obtain a financial reward.

You should not make any disclosures to your supervisor or company compliance office until after you consult a whistleblower attorney. There is a well-established history of employees suffering retaliation after disclosing internally.

The U.S. government and a variety of offices publish FAQs for whistleblowers. These can be helpful, but they do not have the force and effect of law. No court or agency is required to follow a government whistleblower FAQ.

Each law has different filing procedures, and you must be very careful to follow the mandatory rules governing each program. You must also act quickly as many retaliation cases have short deadlines and are quickly thrown out if the proper procedures are not followed or a deadline is missed.

As a state or municipal police officer, you have two types of protection from retaliation for blowing the whistle on misconduct in your department: The First Amendment and your state’s whistleblower laws.

Any person can file a FOIA request, including U.S. citizens, foreign nationals, organizations, universities, businesses, and state and local governments. If you are a federal employee, it is imperative for you to not use government time or equipment when filing a FOIA request.

The Whistleblower Protection Act of 1989 is a law that protects U.S. federal government employees who disclose information they reasonably believe points to a violation of the law. The Whistleblower Protection Act prohibits U.S. government agencies from retaliating against federal employees for their disclosures.

The Fraud Triangle is a tool used by anti-fraud professionals to identify conditions that could motivate individuals, corporations, or even entire industries to engage in fraudulent activity. It is comprised of three risk factors, (1) motivation, (2) opportunity, and (3) rationalization.