The Federal Government Wants More Help from Whistleblowers
The federal Department of Justice (DOJ) recently announced a new program to encourage more whistleblowers to come forward to help with federal investigations into corporate wrongdoing. This blog will discuss the program and how it might help. Whistleblower law firm MJB Law Group, APC can provide you with critical assistance if this is your situation.
California whistleblowers have the legal right to protect themselves from retaliation and seek compensation for their harm. Contact an experienced Orange County whistleblower lawyer at MJB Law Group, APC at 949-266-0880 to discuss your best options.
New Federal Program Provides Incentives to Report Corporate Wrongdoing
The DOJ announced a new corporate whistleblower awards pilot program in August. A whistleblower is an employee or contractor with inside information about a company’s illegal or unethical conduct. If you cooperate with a government agency and follow the law, you shouldn’t be retaliated against by your employer. If you are, you may be able to file a legal action against it and seek compensation for the harm done.
Depending on what the employer is accused of doing, the whistleblower may also receive a share of the damages the government recovers.
This program incentivizes the reporting of the following:
- Corporate criminal acts by whistleblowers seeking monetary rewards
- Companies voluntarily disclosing information to obtain the possible benefits of cooperating with the DOJ
To qualify for an award, the whistleblower must give the DOJ written, original, truthful information concerning criminal misconduct about one or more specific areas that result in a civil or criminal forfeiture of more than $1 million in a successful corporate resolution, criminal prosecution or forfeiture action. The program is meant to cover gaps in other government rewards programs and participants must be ineligible for them to participate in this new effort.
It’s limited to four areas:
- Federal law violations by financial institutions or their agents. This covers money laundering, fraud, and failing to comply with financial regulators
- Foreign corruption
- Domestic bribery
- Federal healthcare offenses covering private healthcare insurance, defrauding patients, investors, and non-governmental entities in the healthcare industry
If you work in another industry, there may be another federal government program that would cover your claim. Contact one of our Tustin whistleblower attorneys to learn more.
The Program Limits What the Whistleblower May Receive
The US Securities and Exchange Commission (SEC) has a whistleblower program that pays a reward when information leads to a successful enforcement action. This DOJ program warns potential participants that awards are discretionary and not guaranteed.
A person is ineligible for an award if they “meaningfully participated in the criminal activity they reported, including by directing, planning, initiating, or knowingly profiting from that criminal activity.” The person may be awarded at the DOJ’s discretion if they played a “minimal role” in the activity.
The DOJ’s potential awards are substantial and depend on what the DOJ receives. Whistleblowers may get the following:
- Up to 30% of the first $100 million the employer forfeits
- Up to 5% of forfeitures between $100 million and $500 million
- Nothing on forfeitures more than $500 million
If the employer forfeits $500 million, the reward would be $50 million. That would be $30 million on the first $100 million plus another and $20 million (5% of the amount between $100 million and $500 million).
DOJ Warns Employers Not to Silence Their Employees
The new program warns companies not to impede someone from communicating with the DOJ concerning possible criminal violations. The DOJ includes enforcing, or threatening to enforce, a confidentiality agreement.
A company may face lesser penalties if it cooperates with the DOJ, but the agency would consider its culpability in the wrongdoing, including efforts to prevent or limit employee reports to the DOJ.
Contact Our Tustin Whistleblower Lawyers
The DOJ’s program offers new opportunities for those who want to do the right thing and obtain compensation for it. If you have suffered retaliation because you reported wrongdoing to the DOJ or another government agency, act quickly and seek legal advice. An MJB Law Group, APC whistleblower attorney can help you file a complaint with the right agency, negotiate a fair settlement with your employer, or represent you in a lawsuit seeking damages for the harm you suffered.
Contact the whistleblower law firm MJB Law Group, APC for a FREE consultation and case evaluation. Call us today at (949) 266-0880 or fill out our confidential contact form.
