What To Do if You Think You Qualify as a Federal Whistleblower

Learn What to Do if You Are Thinking About Filing a Whistleblower Complaint with the Federal Government

Are you eligible to file a whistleblower claim with the federal government? We provide legal representation for whistleblowers who are prepared to come forward under the False Claims Act and all federal whistleblower programs. We represent employees in the private sector, federal employees, and other private citizens, and we help our clients report fraud and other forms of wrongdoing to all government agencies.

5 Steps to Take as a Prospective Federal Whistleblower

If you think you may qualify as a federal whistleblower, there are some important steps you should take promptly. While whistleblower protections (and, in many cases, whistleblower rewards) are available, individuals must come forward appropriately to establish their whistleblower rights and help maximize the government’s chances of pursuing a successful enforcement action.

1. Protect the Information You Have in Your Possession

To come forward as a federal whistleblower, you must be able to demonstrate that you have a reasonable belief that the information you are providing reflects a violation of federal law. With this in mind, you will need evidence when you come forward, and this means that you should carefully protect any information you have in your possession. Once you engage a whistleblower lawyer at our firm to represent you, your lawyer will be able to assist with ensuring that you have the information and evidence you need to qualify as a whistleblower under federal law.

2. Learn About Your Options for Coming Forward

As an individual whistleblower, you must ensure that you come forward through the appropriate means. While there are several potential options, you must choose the correct option based on the violation (or violations) you are prepared to disclose. For employees of healthcare providers, employees of federal contractors, employees of non-governmental organizations (NGOs), and other employees in the private sector, the options for coming forward generally include:

Qui Tam Lawsuits Under the False Claims Act (Federal Contract, Grant, and Program Fraud Cases)

The False Claims Act allows whistleblowers to report fraudulent practices that result in the loss of federal funds. It is one of several federal statutes that protect whistleblowers, and whistleblowers who file qui tam lawsuits under the False Claims Act may be eligible to receive between 15% and 30% of any funds recovered.

Protected Disclosures Under Federal Whistleblower Programs

Several federal agencies have established whistleblower programs focused on targeting specific violations of the United States Code. Similar to the False Claims Act, the federal statutes authorizing these programs include anti-retaliation provisions as well as provisions for monetary rewards. The federal agencies that currently have whistleblower programs include:

Financial Crimes Enforcement Network (FinCEN)
Internal Revenue Service (IRS)
U.S. Commodity Futures Trading Commission (CFTC)
U.S. Department of Justice (DOJ)
U.S. Securities and Exchange Commission (SEC)

Each of these agencies has its own set of enforcement priorities, and each federal whistleblower program has its own set of eligibility criteria and filing requirements. If you are eligible to serve as a federal whistleblower, our attorneys can help you decide how to come forward—whether this involves filing a qui tam lawsuit or filing a whistleblower claim with one of the federal agencies listed above.

3. Decide if You Are Prepared to Assist with the Government’s Investigation

While whistleblowers must disclose information about a violation of federal law to qualify for the protections that are available, whistleblowers must also generally be prepared to assist with the government’s investigation after coming forward. Once you file a whistleblower complaint, the relevant agency will look to you to provide additional insight as it investigates and makes a determination about whether to pursue civil or criminal enforcement action. Your legal representative can communicate with federal agents and prosecutors on your behalf, but you will need to be prepared to play an active role in the process behind the scenes.

4. Contact a Whistleblower Law Firm to Discuss Your Case

If you are prepared to come forward, you should promptly contact a whistleblower law firm to discuss your case. Working closely with an experienced whistleblower lawyer is important for ensuring that the conduct you are prepared to report is specifically prohibited under federal law and assessing your eligibility to serve as a federal whistleblower.

5. Make an Informed Decision About Whether to File a Complaint

If you are eligible to serve as a federal whistleblower, you will also need to make an informed decision about whether to come forward. Here too, an experienced whistleblower lawyer will be able to provide the advice and representation you need to feel confident in your next steps. Once you have all of the information you need, then you can decide whether you are prepared to serve as a federal whistleblower and help the government seek accountability under the circumstances at hand.

Important Information for Federal Employees and Personal Services Contractors

If you are a federal employee or you are classified as a personal services contractor, serving as a whistleblower may involve coming forward through different means. While whistleblower protection laws (including the Whistleblower Protection Act (WPA), Whistleblower Protection Enhancement Act (WPEA), and Military Whistleblower Protection Act (MWPA) protect federal workers, federal workers must often take different steps to report fraud, gross waste, gross mismanagement, abuses of authority, and substantial and specific dangers to public health and safety.

For federal workers, serving as a whistleblower may involve contacting the Government Accountability Office (GAO), Office of Special Counsel (OSC), an Inspector General (or another designated agency official, management official, or authorized official), the U.S. Department of Justice (DOJ) or some other law enforcement agency, a federal grand jury, or even Congress. Federal workers can also make protected disclosures to non-governmental audiences in some cases. Due to the complexity of coming forward in this scenario, working closely with a whistleblower attorney experienced in representing federal workers is strongly recommended.

FAQs: Blowing the Whistle with the Federal Government

Can I serve as a federal whistleblower if coming forward will involve disclosing classified information?

You can serve as a federal whistleblower if coming forward will involve disclosing classified information, but you will need to be careful to ensure that you comply with all applicable federal requirements. Our experienced federal whistleblower attorneys can explain everything you need to know.

If I file a whistleblower complaint, will I be expected to provide further information?

While not legally required, federal whistleblowers should generally be prepared to provide further information (to the extent that they can) during the government’s investigation. To address misconduct and pursue enforcement actions to the fullest extent possible, federal authorities will often rely heavily on whistleblowers to help them understand where they should look for evidence of the violation (or violations) disclosed.

Will I be entitled to a monetary reward if I come forward as a federal whistleblower?

Private-sector whistleblowers can receive monetary awards under the False Claims Act, the DOJ’s whistleblower programs, and other programs administered by select federal authorities. If you are interested in seeking a monetary award, our attorneys can assist with confirming your eligibility, and then we can work with the government on your behalf to help maximize your potential award.

What if my employer retaliates against me?

Federal law prohibits retaliatory personnel action against whistleblowers. This includes employment-related actions (i.e., termination, suspension, and reassignment) as well as retaliatory security clearance action. If a private employer or an employing agency retaliates in violation of federal law, the affected employee can file a whistleblower retaliation complaint—and the employee can seek damages (including double back pay) and other appropriate remedies. If necessary, our attorneys can report retaliation on your behalf and seek all appropriate remedies in federal court.

Should I hire a whistleblower attorney to represent me?

If you think you qualify as a federal whistleblower, there are several important reasons to speak with a whistleblower attorney before you come forward. An experienced whistleblower attorney can serve several key functions for employees (and former employees) who are thinking about blowing the whistle. These include (but are not limited to) (i) determining the employee’s eligibility to come forward; (ii) determining which federal authority has primary jurisdiction over the violation in question; and, (iii) communicating with the appropriate federal authority on the employee’s behalf. An experienced whistleblower attorney will be able to assist with various other relevant matters as well.

Discuss Your Next Steps with an Experienced Federal Whistleblower Attorney in Strict Confidence?

If you need to know more about serving as a federal whistleblower, we encourage you to contact us promptly. Our attorneys work with prospective whistleblowers throughout the United States and worldwide. We can help you make an informed decision about coming forward; and, if you decide to come forward, we can work directly with the appropriate federal authorities on your behalf. To get started with a free, no-obligation consultation, call 866-320-3959 or contact us confidentially online today.