Where to File Your Whistleblower Complaint
Learn How to File a Whistleblower Complaint with the Federal Government
Individuals in the private sector can file whistleblower complaints with the federal government in a wide range of circumstances. Federal employees can file whistleblower complaints in various circumstances as well. However, all whistleblowers must follow the correct procedures for coming forward—and these procedures can vary widely from one case to the next.
This is one of several reasons why it is important to work with an experienced whistleblower attorney. Our whistleblower attorneys help individuals come forward through all available means. If you have questions about serving as a federal whistleblower, we can explain everything you need to know; and, if you decide to come forward, we can represent you step-by-step through the process.
Filing a Whistleblower Lawsuit Under the False Claims Act
In many cases, serving as a federal whistleblower will involve coming forward under the False Claims Act (FCA). The FCA prohibits the submission of “false and fraudulent” claims to the federal government, and it provides strong whistleblower protections. If you have information about a government contractor, a healthcare provider, or any other entity improperly billing under a federal contract, grant, or program, you may be eligible to come forward under the FCA and claim a whistleblower award if your case is successful.
Federal Whistleblower Programs for Private Citizens
If you are not eligible to come forward under the False Claims Act, you may be eligible to come forward under one of several federal whistleblower protection programs. Our lawyers help eligible employees and other individuals file whistleblower claims under programs including (but not limited to):
Financial Crimes Enforcement Network (FinCEN) Whistleblower Program
The Financial Crimes Enforcement Network (FinCEN) accepts whistleblower complaints involving violations of the Bank Secrecy Act (BSA), International Emergency Economic Powers Act (IEEPA), Trading with the Enemy Act (TWEA), and Foreign Narcotics Kingpin Designation Act (Kingpin Act). It has the authority to pay monetary awards of up to 30% of the amount recovered in successful cases.
Internal Revenue Service (IRS) Whistleblower Program
The Internal Revenue Service (IRS) accepts whistleblower complaints involving fraudulent misrepresentations on federal tax returns and other violations of the Internal Revenue Code. It also accepts whistleblower complaints under other laws that establish tax-related requirements. Under the Taxpayer First Act, the IRS also has the authority to pay monetary awards of up to 30% of the amount recovered when a whistleblower’s information leads to a successful investigation and enforcement action.
Occupational Safety and Health Administration (OSHA) Wage and Hour Division Whistleblower Program
OSHA’s Wage and Hour Division accepts safety and health complaints under the Occupational Safety and Health Act (OSH Act) as well as whistleblower complaints involving covered employers’ violations of the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and other federal employment laws. The FLSA establishes minimum wage and overtime pay requirements while the FMLA establishes protections regarding job-protected leave for medical reasons, and reporting a violation of the FLSA, FMLA, or OSH Act is a protected activity.
U.S. Commodity Futures Trading Commission (CFTC) Whistleblower Program
The U.S. Commodity Futures Trading Commission (CFTC) accepts whistleblower complaints involving the Commodity Exchange Act (CEA) and the Dodd-Frank Act. The Dodd-Frank Act is one of the nation’s newest and strongest whistleblower protection laws, and it includes provisions for whistleblower rewards ranging from 10% to 30% of the monetary sanctions imposed in successful cases.
U.S. Department of Justice (DOJ) Whistleblower Programs
The U.S. Department of Justice (DOJ) has two separate whistleblower programs at the time of writing: (i) the Criminal Division’s Corporate Whistleblower Rewards Pilot Program; and, (ii) the Antitrust Division’s Whistleblower Award Program. Our attorneys serve as legal counsel for cases involving all laws enforced under these programs, working directly with the appropriate DOJ personnel on behalf of our clients. Both of the DOJ’s whistleblower programs include provisions for monetary awards in appropriate cases.
U.S. Securities and Exchange Commission (SEC) Whistleblower Program
The U.S. Securities and Exchange Commission (SEC) accepts complaints under multiple federal whistleblower laws, and it also issues awards ranging from 10% to 30% of the government’s recovery in appropriate cases. If you have a reasonable belief that you can disclose a violation of any federal securities law or SEC regulation, our lawyers can help you make an informed decision about serving as an SEC whistleblower.
Filing a Whistleblower Complaint as a Federal Employee
If you are a current or former federal employee, you have different options for coming forward as a whistleblower. While the specific options you have available depend on your position within the federal government and the information you are prepared to disclose, federal employees’ options generally include:
The Office of Special Counsel (OSC)
The Office of Special Counsel (OSC) accepts whistleblower complaints involving employment discrimination (including discrimination based on race, national origin, sexual orientation, and gender identity), retaliation, and other prohibited personnel practices (PPPs).
The DOJ or Another Appropriate Federal Law Enforcement Agency
Federal employees can also file whistleblower complaints with the DOJ and other federal law enforcement agencies in appropriate cases. If you are eligible to come forward, our attorneys can help you choose how to do so based on your individual circumstances.
Your Agency’s Office of Inspector General (OIG)
In some cases, federal employees can also file complaints with their agency’s Office of Inspector General (OIG). For example, if you have information about fraud, waste, or an abuse of authority within your agency, contacting your agency’s OIG could be the most appropriate path forward.
Other Options for Federal Employees
With that said, federal employees (including those in uniformed services employment) may have various other options as well. For example, the Whistleblower Protection Act (WPA) protects federal employees who come forward to other government authorities—including Congress in appropriate cases. Under the WPA, federal employees who file whistleblower complaints based on firsthand knowledge are entitled to protection against all forms of retaliatory action, including terminations, suspensions, pay deductions, and denial of federal employment opportunities.
FAQs: Serving as a Federal Whistleblower
How can private citizens report violations of the law to the federal government?
Private citizens can report violations of the law to the federal government through various means. However, while several federal agencies publish email addresses, mailing addresses, and telephone numbers for submitting “tips” to the government, in many cases, private citizens will benefit by filing a formal whistleblower complaint. Federal whistleblower laws provide stringent confidentiality and anti-retaliation protections, and many include provisions for monetary awards.
What are my rights if I experience an adverse action after I blow the whistle?
If you experienced an adverse employment action after coming forward as a federal whistleblower, you may have grounds to file a retaliation complaint against your employer. Whistleblower retaliation is strictly prohibited under federal law, and whistleblowers who experience unlawful retaliation can seek damages and/or other appropriate remedies. While an employee engaged in whistleblowing is not completely immune from adverse employment actions, employers cannot take adverse action based on an employee’s decision to come forward.
If I file a whistleblower complaint, will the government require further information?
Generally, once you file a whistleblower complaint, you are not obligated to provide any additional information or assistance to the federal government. With that said, there can be various benefits to playing an active role in the government’s investigation. Not only can doing so help maximize the government’s chances of successfully pursuing enforcement, but it can also help maximize your whistleblower award eligibility.
How do I choose a federal whistleblower program?
Choosing how to come forward as a federal whistleblower requires an in-depth assessment of the specific circumstances of your case. This includes, but is not limited to, the specific information you have in your possession. When you choose our team to represent you, our attorneys will work closely with you to help you make an informed decision about how best to proceed.
Importantly, while there are several federal whistleblower programs, coming forward under the False Claims Act is an option in many cases as well. Coming forward under the False Claims Act involves filing a qui tam lawsuit in federal court, which is a very different process.
How do I choose a whistleblower lawyer to represent me?
Choosing a whistleblower lawyer is an important decision, and it is not a decision that you should take lightly. Relevant experience is a key factor. You need to meet strict requirements to qualify as a federal whistleblower; and, once you come forward, you will want to ensure that you are making informed decisions about working with the government. An experienced whistleblower lawyer will be able to advise you every step of the way. You should also try to ensure that you feel comfortable working with the lawyer one-on-one, and one of the best ways to assess this is to schedule a free initial consultation.
Are You Eligible to File a Complaint? Find Out from an Experienced Federal Whistleblower Lawyer for Free
If you would like to know more about your options for serving as a federal whistleblower, we invite you to get in touch. To schedule a free initial consultation with one of our senior federal whistleblower attorneys, please call 866-320-3959 or inquire confidentially online today.