FCPA Whistleblower Reward Attorney

Whistleblowers Who Report Foreign Corrupt Practices Act (FCPA) Violations May Be Eligible for Monetary Rewards

Bribery and other corrupt practices involving domestic companies and foreign government officials can have various adverse consequences for the United States government. The Foreign Corrupt Practices Act (FCPA) is intended to directly address these concerns. However, the government often cannot identify unlawful conduct on its own—and, as a result, it relies heavily on whistleblowers to come forward.

Whistleblowers who expose FCPA violations will be entitled to financial rewards in many cases. In these cases, whistleblower rewards are generally calculated as a percentage of the monetary sanctions recovered. FCPA whistleblower rewards can be substantial, and they are available under a variety of federal whistleblower programs.

Options for Seeking a Monetary Award as an FCPA Whistleblower

Several federal whistleblower laws can apply in cases involving FCPA violations. Depending on the specific violations that potential whistleblowers are prepared to disclose, coming forward may involve:

Filing a Qui TamComplaint Under the False Claims Act

The False Claims Act (FCA) is one of the most powerful weapons in the federal government’s law enforcement arsenal. Not only is the FCA extremely broad in scope, but it also includes whistleblower provisions that incentivize current employees, former employees, and other individuals to come forward.

In the FCPA context, the False Claims Act applies to government contractors and other entities that engage in foreign corrupt practices while doing business with the federal government. Contractors that violate the FCPA accounting provisions can face liability under the FCA as well. Since federal contractors are required to comply with federal law under the terms of their contracts, billing the government while in violation of the FCPA generally constitutes a “fraudulent claim” under the FCA.

Filing a Whistleblower Complaint with the DOJ

The U.S. Department of Justice (DOJ) has launched two whistleblower programs in recent years, both of which include provisions for whistleblower awards. The DOJ accepts whistleblower claims involving numerous types of illegal activity perpetrated by partnerships and corporate entities. Whistleblowers who are prepared to report possible violations of the FCPA to the DOJ must come forward through the DOJ’s specified means; and, this makes it important to work closely with an experienced FCPA whistleblower reward attorney.

Filing a Whistleblower Complaint with the SEC

The U.S. Securities and Exchange Commission (SEC) also accepts whistleblower complaints involving potential violations by both private and publicly traded companies. Current employees, former employees, and other individuals can report numerous types of legal violations under the SEC’s whistleblower program, including violations of the FCPA. In many cases, companies that have violated the FCPA will be in violation of the Sarbanes Oxley Act (SOX) and other federal securities laws as well, and whistleblowers can also report these SEC violations with the help of an experienced attorney.

Filing a Whistleblower Complaint with the CFTC

The U.S. Commodity Futures Trading Commission (CFTC) accepts FCPA whistleblower complaints when the violations involved also implicate companies’ responsibilities under the Dodd-Frank Act. Similar to both the DOJ and the SEC, the CFTC accepts whistleblower tips confidentiality, and it issues monetary awards to whistleblowers who assist with the recovery of $1 million or more in monetary sanctions.

Filing a Whistleblower Complaint with FinCEN

The Financial Crimes Enforcement Network (FinCEN) is a bureau of the U.S. Treasury Department. It is responsible for investigating a broad range of cross-border federal violations, including violations of the Bank Secrecy Act (BSA). If a company’s improper payments to foreign officials come from an undisclosed offshore account, this could implicate both the FCPA and the BSA. FinCEN pays whistleblower rewards as well, and our attorneys can file your FCPA case with FinCEN if warranted.

Award Amounts in FCPA Whistleblower Cases

Award amounts in FCPA whistleblower cases depend on several factors. When you schedule a confidential consultation with one of our FCPA whistleblower reward attorneys, your attorney will be able to provide personalized advice based on the specific circumstances of your case. With this in mind, some of the overarching factors involved in determining FCPA whistleblower award amounts include:

• Where the Whistleblower Needs to File – Not only is the whistleblower award process different under the FCA and the DOJ, SEC, CFTC, and FinCEN whistleblower programs, but awards are calculated differently under each of these programs as well.
• The Value of the Whistleblower’s Information – The value of the information a whistleblower provides can play a significant role in the amount of the whistleblower’s award. This applies not only to the seriousness of the violation(s) at issue, but also the government’s ability to use the information to pursue an investigation.
• The Amount of Assistance Provided – The amount of assistance an FCPA whistleblower provides during the government’s investigation can play a significant role as well. While all qualifying disclosures provide access to whistleblower rights, those who chose to do more than just come forward will generally be entitled to larger awards.
• The Amount of Money Collected – FCPA whistleblower awards are only issued in cases involving successful enforcement actions. If a whistleblower’s complaint results in the imposition of civil or criminal penalties (these are required to be in excess of $1 million in some cases), the whistleblower may be entitled to a percentage of the total fines collected.

Other factors come into play as well. Generally speaking, most FCPA whistleblower rewards will range from 10 percent to 30 percent of the total sanctions collected. However, this is not always the case, and the difference between 10 percent and 30 percent can be millions—or even tens of millions—of dollars in many cases. When you choose our law firm to represent you, our attorneys will assist with maximizing your award eligibility; and, if you become entitled to an award, we will work to secure appropriate payment from the government on your behalf.

Are You Eligible to Seek a Reward for Reporting Foreign Bribery or Corporate Corruption Under the FCPA?

With all of this in mind, how can you determine if you are eligible to seek a reward for reporting a violation of the Foreign Corrupt Practices Act (FCPA) to the federal government? While you will need to consult with an experienced attorney to determine your eligibility based on your specific circumstances, the general requirements for serving as an FCPA whistleblower are as follows:

• You must have credible information about a violation of the FCPA involving a U.S.-based entity and foreign officials or other foreign nationals.
• You must be prepared to come forward with original information based on first-hand knowledge or independent analysis.
• You must come forward before anyone else and before the government launches an investigation (in most cases).
• You must not be primarily responsible for the violation you are disclosing (if you have concerns about your personal exposure, our attorneys can help).

Our law firm provides free and strictly confidential consultations to prospective whistleblowers. If you have questions about coming forward, our attorneys can determine if you are eligible to make a protected disclosure. If you are—and if you decide to come forward—our attorneys will work with the appropriate federal authorities on your behalf while remaining in close contact with you throughout the process.

FAQs: FCPA Whistleblower Awards

Speak with an Experienced FCPA Whistleblower Attorney About Coming Forward

If you are interested in speaking with an experienced FCPA whistleblower attorney about coming forward, we encourage you to contact us promptly. call 888-680-1745 or contact us online to schedule a confidential consultation today.