FAQ

Who can be a whistleblower?

Most people who have original information from non-public sources about fraud or illegal misconduct can qualify to be a whistleblower, with a few narrow exceptions. Whistleblowers are often current or former employees of a company that is (or will be) violating the law, but an employment relationship is not required—observers, traders, fraud victims, investors, and others can blow the whistle as well. You can come forward without being a personal witness to misconduct and without direct documentation—your report only has to be based on your independent knowledge or analysis.

Whistleblowers can also be of any nationality or residence—you can make a report as a non-U.S. citizen, and/or a resident abroad, if your information concerns American markets or government funds.

It is important to know that U.S. whistleblower reward programs that exist do not cover every kind of corporate misconduct. If you are unsure if your concerns are covered by a whistleblower program, you can reach out to an attorney to discuss your particular question.

What is it like to be a whistleblower?

Deciding to blow the whistle on wrongdoing can have a major impact on your life, in both positive and challenging ways, and deserves careful reflection.

For many whistleblowers, coming forward is an immense relief. You might have been struggling for months or years with knowledge of wrongdoing, and been unsure what to do—speaking up to prevent harm, or correct a harm against others, can be deeply satisfying. Whistleblowers often feel empowered by getting their story out and protecting the public. 

There are serious challenges to consider in coming forward, though—and they weigh differently for each person. The single greatest challenge is often the endurance required to see a whistleblower claim through. Like most legal matters, whistleblower claims move slowly, even when evidence seems very clear or overwhelming, and typically take years to reach a final resolution. You must be prepared for a long-haul rather than a sprint, and be ready for ups and downs along the way. It’s also important to remember that while dramatic whistleblower rewards occasionally make headlines, they’re a very small fraction of payouts. 

Another major challenge many whistleblowers face is the professional and personal fallout from coming forward. Various federal laws prohibit retaliation against whistleblowers, and include separate damages and enforcement provisions. But these rules cannot protect every whistleblower from every type of negative reaction—nearly everyone who reports misconduct will face some degree of disapproval or alienation from colleagues. You might also feel isolated from your usual network by the legal requirements of investigations—whistleblowers may be required to keep certain information confidential throughout the long process, and often go for long stretches without specific updates about their claim. 

Becoming a whistleblower requires courage, patience, and resilience—and a tolerance for risk. While it’s not the right choice for everyone, those who do come forward often find it is profoundly worthwhile. Our clients often go on to help other whistleblowers through the process or advocate for change in their industries. We even have some clients who decided to go to law school based on their experience!

What kinds of wrongful conduct are covered by whistleblower reward laws?

The major whistleblower reward programs cover unlawful activity in a wide variety of fields. 

There are other programs as well that may apply in particular circumstances.

When is a whistleblower entitled to a financial reward?

Under most whistleblower programs, whistleblowers are generally entitled to an award if they (1) voluntarily provide (2) original information (3) that leads to an enforcement action of a certain size. Rewards are determined as a percentage of the sanctions, and usually require the whistleblower to make an application.

What kind of information must a whistleblower have?

To qualify for a whistleblower reward, you must provide original information about misconduct. For information to be “original,” it must come from non-public sources—that is, something other than media reports, public statements, or reports issued by the company. In some instances, a personal analysis that is based on public sources may qualify as original information, if the analysis itself provides a unique form of evidence.

While you don’t have to be a direct witness to the reported fraud, it is important to provide investigators with more than just a suspicion or guess that misconduct has occurred. A strong whistleblower report, with the best chance of qualifying for an award, includes specifics and documentation about alleged activities.

How do I choose a lawyer?

The most important factors to look for in finding a whistleblower lawyer are significant experience, a proven track record of successful claims, and good communication skills. Plus, you want to find someone you get along with well, as you will be spending a lot of time together!

Whistleblower law is a highly specialized area of practice, with unique procedures and unique impact on every client’s professional and personal life. At the outset, an experienced attorney will be able to guide you in making a holistic decision about taking your claim forward. 

Once you’ve decided to move forward, you will need an attorney who understands the specific requirements for your claim. While some claims involve filing a civil action in court, most whistleblower programs are administered by federal agencies. The best whistleblower attorneys will have detailed, expert knowledge of both judicial and administrative procedures involved in making an initial claim, and in engaging with investigators and applying for rewards. Your attorney should be able to bring their expertise to bear to prepare the strongest initial report, and help you provide the most value throughout the enforcement process. They will also provide crucial guidance about gathering evidence, protecting your own legal interests during proceedings, and identifying any additional claims that might come up as your matter unfolds, such as unlawful retaliation.

In addition to sound legal judgment, you should look for a lawyer whose communication style gives you a clear sense of your options, and whose overall approach inspires your trust. Whistleblower claims typically take years to reach a final conclusion and can be quite stressful at times. You should look for an attorney who is responsive and direct, and will be an effective guide for your specific needs.

How will I present my evidence and file a claim?

There are different procedures for various whistleblower programs, depending on federal statutory requirements.

Many whistleblower programs are administered by federal agencies directly, such as the SEC and CFTC programs. For these programs, whistleblowers must submit a tip through an agency form or via email, depending on the program. Rules on how to submit tips anonymously vary between programs. 

For the False Claims Act and similar state laws, claims must initially be filed in court and have very specific procedural requirements. The most important of these requirements is that the case is filed under seal, which means that the company you are reporting on generally does not know it has been filed. It also means that you are not allowed to talk about your case with anyone for the whole seal period.

What happens during the government's investigation?

In general, if the government decides to open or expand an investigation following your report or claim, the process will include witness interviews and a review of any available documentation. Investigators often request documents in addition to what a whistleblower initially provided to build a full picture of events. Investigators will gather information to determine whether to look into the matter further, or whether your information may relate to any existing investigations. 

During investigations, your attorney will provide guidance about how to cooperate most effectively, and how to comply with any legal requirements about confidentiality. 

If criminal charges are brought related to the reported misconduct, independent prosecutions will be carried out by enforcement agencies and federal or state prosecutors.

How long will the investigation take?

Most legal matters move slowly, and whistleblower investigations can be lengthy. A typical investigation will take years from the initial report to a final determination. There are often legal requirements about confidentiality throughout this time, and whistleblowers must be prepared to go for long stretches without specific information from the agency about the progress of their claim.

What happens when the government concludes its investigation?

For most whistleblower programs administered by agencies, the conclusion of an investigation will result in either a finding of a violation and the imposition of sanctions, or a finding that no wrongdoing has occurred. Agencies may not proactively notify whistleblowers if their information has led to an enforcement action that qualifies for an award. Instead, agencies post notice on their websites of any action that meets the reward threshold, and the whistleblower must submit an application for a reward. 

For False Claims Act claims, the government’s investigation concludes with a determination to either legally join the whistleblower’s claim in litigation (called “intervention”), or to decline joining. If the government does not join, you may continue to pursue the claim on the government’s behalf. This decision requires serious consideration, as the costs are often extremely high and the chance of success relatively low. Your lawyer will be able to counsel you regarding that decision.