SUBMIT A TIP | Whistleblower.gov (2024)

FAQs

How much can you win in a whistleblower case? ›

A whistleblower of a False Claims Act is supposed to receive 15% to 25% of the case value or the amount paid by the defendant if the government intervenes. And 25% to 30% if the whistleblower goes on by him or herself. Some of the percentages are different under state laws.

A whistleblower case proceeds much like any law suit: there is a pre-hearing period in which the parties conduct discovery, file motions with the ALJ, and work out the hearing schedule. Parties may engage in settlement negotiations.

A whistleblower eligible for an award can be any individual who sends the Commission a Form TCR containing information about a potential violation of the Commodity Exchange Act. Examples range from a corporate officer or insider, to a trader or market observer, to an investor or fraud victim.

Examples of illegal or dishonest activities include violations of federal, state, or local laws; billing for services not performed or for goods not delivered; and other fraudulent financial reporting. The employee must exercise sound judgment to avoid baseless allegations.

Under the FCA, whistleblowers are typically entitled to between 15% and 30% of the amount the government recovers based on the information they provide. For 2022, the DOJ reported $2.2 billion in FCA judgments and settlements, of which $1.9 billion resulted from whistleblower complaints.

How long do SEC whistleblowers have to wait before they receive their whistleblower awards? It depends on the case. Typically, after the SEC posts the Notice of Eligibility, it takes 12-18 months for SEC whistleblowers to receive their monetary award.

All that can take a few years. It can go faster, but in some ways you do not want it to go faster, since you want the government to do a very thorough job investigating your claims, corroborating your allegations, and then bringing the strongest and largest possible action against the defendants.

Public and large private companies will also be liable where they fail to have a whistleblower policy in place by 1 January 2020. For an individual, $50,400 (240 penalty units) or imprisonment for two years, or both. For a body corporate, $504,000 (2400 penalty units).

Documentary evidence—such as financial records, emails, or memorandums—is often used in this type of litigation. Some whistleblowers use a personal recording device to obtain evidence at meetings or conferences, or they record phone conversations.

Taking unmatched complaints into account, we estimated that the termination rate for permanent employees who filed whistleblower disclosures could be any percentage from 2.9 to 5.2 percent.

What are the risks of whistleblowing? ›

If you remain confidential, it may be more difficult to demonstrate that your employer knew about your whistleblowing, which can help to prove retaliation. Yet, going public may expose you to professional isolation, public scrutiny, expensive defamation suits, and even threats to your safety.

The Commission is authorized by Congress to provide monetary awards to eligible individuals who come forward with high-quality original information that leads to a Commission enforcement action in which over $1,000,000 in sanctions is ordered. The range for awards is between 10% and 30% of the money collected.

A disclosure of waste, fraud, or abuse that includes classified information is not a protected disclosure under the whistleblower laws unless the disclosure is made in accordance with the laws and rules that govern the proper handling and transmission of classified information.

Negative consequences to whistle-blowers include occupational, legal, financial, socioemotional, and other (e.g., physical health, character assassination) effects.

Circ*mstantial Evidence Proving Retaliation

indications of pretext; inconsistent application of an employer's policies; an employer's shifting explanations for its actions; antagonism or hostility toward a complainant's protected activity, the falsity of an employer's explanation for the adverse action taken; and.

Whistleblower rewards under the False Claims Act

The whistleblower (known as the “relator” in qui tam cases) may receive a reward of 15 percent to 25 percent of what the government recovers, if the government joins the qui tam case.

The Securities and Exchange Commission today announced the largest-ever award, nearly $279 million, to a whistleblower whose information and assistance led to the successful enforcement of SEC and related actions.

The IRS Whistleblower Office pays monetary awards to eligible individuals whose information is used by the IRS. The award percentage depends on several factors, but generally falls between 15 and 30 percent of the proceeds collected and attributable to the whistleblower's information.

All that can take a few years. It can go faster, but in some ways you do not want it to go faster, since you want the government to do a very thorough job investigating your claims, corroborating your allegations, and then bringing the strongest and largest possible action against the defendants.