Whistleblowers
Whistleblowers play a crucial role in the fight for accountability and a fairer and safer world. The cultures of profit over people and corruption must be deterred and brought to light.
Whistleblowers
Profits over people is a common theme that resonates around the globe. Unchecked corporate interests throughout the world pose a direct and existential risk to people, human rights, and democratic and open society. Corporations and capitalism are not negative aspects of society. However, there must be a system of accountability, and whistleblowers play a vital and integral role within this system.
Integrity or ethical violations for profit and power take place all over the world and can rise to the level of illegal and harmful conduct. Whistleblowers are those who report misconduct, fraud, corruption, and other wrongdoing to the appropriate regulators and authorities.
"People's indifference is the best breeding ground for corruption to grow"
Delia Ferreira Rubio
Knowles Law Firm can help you shine a light on the truth, helping you put together your case, from analyzing evidence and properly filing paperwork and legal documents, contacting government officials and representatives, and if need be, litigating.
Who can be a whistleblower?
In many instances, anyone can be a whistleblower, regardless of nationality or place of living. Although we most commonly see employees as whistleblowers, since they have the most detailed information regarding the company’s internal affairs, that is not a rule or requirement. Both U.S. citizens and foreign nationals who have independent knowledge and report violations of certain laws or regulations, whether they occurred in the U.S. or elsewhere, can be whistleblowers.
Most whistleblower regulations allow individuals to provide information anonymously if they are represented by an attorney. If the information disclosed results in a successful prosecution where the U.S. government imposes monetary sanctions, the whistleblower may be eligible to receive a whistleblower informant award.
What is a Whistleblower Award?
Whistleblowers assume a considerable risk coming forward to expose fraud, corruption, cheating, wrongdoing, and injustice. Whistleblowers may receive a financial award in the form of a percentage of the monetary sanction imposed by the U.S. government in connection with the information they provided. It is a form of incentive to whistleblowers for their ethical and courageous actions in reporting a violation or wrongful conduct.
The receipt of a whistleblower award is not automatic and in some cases, not mandatory. There are certain procedures to be followed to receive an award. We can help you navigate the regulations and applicable laws to help you qualify for a reward.
Generally, compensation may vary between 10-30% of the fines or penalties levied by the U.S. authorities against the at-fault organization. Over the last decade, individuals from over 80 countries have been awarded tens of millions of dollars in compensation or rewards for their contributing information.
How Can I Prove Violations of the Law?
Under U.S. law, whistleblowers can prove violations of the law by the following:
- Providing authorities with their testimony
- Keeping and maintaining records related to the misconduct (specifically and only for purposes of supporting your claim for whistleblowing)
Will I Be Protected From Retaliation?
Many whistleblower programs allow anonymous reports if the whistleblower is represented by a lawyer. Additionally, different laws provide anti-retaliation protections to individuals reporting violations. These protections may include:
- Right to file a claim
- Reinstatement
- Back Pay
- Other Compensation
Whistleblower
Laws and Programs
Several laws and whistleblower programs provide protection and/or monetary awards to successful whistleblower claims. These include:
- The Securities and Exchange Commission (SEC) Whistleblower Reward Program, for violations of securities law.
- The Commodity Futures Trading Commission (CFTC) Whistleblower Reward Program, for cases involving violations of the Commodity Exchange Act.
- The Foreign Corrupt Practices Act (FCPA), for cases involving bribes paid by companies publicly traded in the U.S. or by American citizens to foreign government officials.
- The Treasury Department through the Financial Crimes Enforcement Network (FinCEN) Anti-Money Laundering Program, for cases involving violations of the Bank Secrecy Act (BSA).
- The False Claims Act (FCA), for cases involving fraud to federal government funds.
- State False Claims Acts and their equivalent, for cases involving fraud to state government funds.
- The Internal Revenue Service (IRS) Whistleblower Reward Program, for cases involving tax fraud.
Additionally, many whistleblower programs apply in specific industries or to specific types of violations, such as:
Environmental and Safety
• The Occupational Safety & Health Act (OSHA) protects employees who file a safety and health complaint with OSHA, participate in an inspection, and more.
• The Asbestos Hazard Emergency Response Act (AHERA) Protects employees who report violations of the law relating to asbestos in public or private non-profit elementary and secondary school systems.
• The Clean Air Act (CAA), Prohibits retaliation against any employee who reports violations regarding air emissions from area, stationary, and mobile sources.
• The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a.k.a. “Superfund,” prohibits retaliation against any employee who reports alleged violations relating to the cleanup of hazardous waste sites, as well as accidents, spills, and other emergency releases of pollutants and contaminants.
• The Energy Reorganization Act (ERA) prohibits retaliation against employees who report violations or refuse to engage in violations of the ERA or the Atomic Energy Act.
• The Federal Water Pollution Control Act (FWPCA), a.k.a. “Clean Water Act,” prohibits retaliation against employees who report violations relating to the discharge of pollutants into water.
• The Safe Drinking Water Act (SDWA) prohibits retaliation against employees who report violations relating to waters actually or potentially designated for drinking
• The Solid Waste Disposal Act (SWDA), a.k.a. “Resource Conservation and Recovery Act,” prohibits retaliation against employees who report violations relating to the disposal of solid and hazardous waste (including medical waste) at active and future facilities
• The Toxic Substances Control Act (TSCA) prohibits retaliation against employees who report violations relating to industrial chemicals produced or imported into the United States.
Transportation Industry
• The Federal Railroad Safety Act (FRSA) protects employees of railroad carriers who report (refuse to work when confronted by) a hazardous safety or security condition, a violation of any federal law or regulation relating to railroad safety or security, or the abuse of public funds appropriated for railroad safety.
• The International Safe Container Act (ISCA) protects employees involved in international shipping who report the existence of an unsafe intermodal cargo container or another violation to the Coast Guard.
• The Moving Ahead for Progress in the 21st Century Act (MAP-21) prohibits retaliation by motor vehicle manufacturers, part suppliers, and dealerships against employees for providing information to the employer or the U.S. Department of Transportation about motor vehicle defects, noncompliance, or violations of the notification or reporting requirements enforced by the National Highway Traffic Safety Administration or for engaging in related protected activities as outlined in the provision.
• The National Transit Systems Security Act (NTSSA) protects transit employees who report (refuse to work when confronted by) a hazardous safety or security condition, a violation of any federal law relating to public transportation agency safety, or the abuse of federal grants or other public funds appropriated for public transportation.
• The Pipeline Safety Improvement Act (PSIA) protects employees who report violations of federal laws related to pipeline safety and security or who refuse to violate such laws.
• The Seaman’s Protection Act (SPA) protects employees who report a violation of a maritime safety law or regulation or another federal agency, or who refuse to work when they reasonably believe an assigned task would result in serious injury or impairment of health to themselves, other seamen, or the public.
• The Surface Transportation Assistance Act (STAA) protects truck drivers and other employees who refuse to violate regulations related to the safety of commercial motor vehicles or who report violations of those regulations
• The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) protects employees of air carriers and contractors and subcontractors of air carriers who report violations of laws related to aviation safety.
• The Motor Vehicle Safety Whistleblower Act, for whistleblowers reporting safety-related problems in vehicles.
Consumer & Investor Protection
• The Affordable Care Act (ACA) protects employees who report violations of any provision of the Act, including discrimination based on an individual’s receipt of health insurance subsidies, the denial of coverage based on a preexisting condition, or an insurer’s failure to rebate a portion of an excess premium.
• The Consumer Financial Protection Act (CFPA) protects employees who report violations of any provision of the Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act or any other provision of law that is subject to the jurisdiction of the Bureau of Consumer Financial, Protection, or any rule, order, standard, or prohibition prescribed by the Bureau.
• The Sarbanes-Oxley Act (SOX) protects employees of certain companies who report mail, wire, bank, or securities fraud; violations of the SEC rules and regulations; or violations of federal laws related to fraud against shareholders. The Act covers employees of publicly traded companies and their subsidiaries, as well as employees of nationally-recognized statistical rating organizations.
• The Consumer Product Safety Improvement Act (CPSIA) protects employees who report violations of any statute or regulation within the jurisdiction of the Consumer Safety Product Safety Commission (CPSC). CPSIA covers employees of consumer product manufacturers, importers, distributors, retailers, and private labelers.
• The FDA Food Safety Modernization Act (FSMA) protects employees of food manufacturers, distributors, packers, and transporters who report violations of the Food, Drug, and Cosmetic Act, or a regulation promulgated under the Act. Employees are also protected from retaliation for refusing to participate in a practice that violates the Act.
• The Anti-Money Laundering Act (AMLA) protects employees of financial services institutions who report violations of the Anti-Money Laundering Act.
We constantly investigate allegations of fraud, misconduct, bribery, and other deceptive practices. Contact us to talk through your situation and any potential legal options you may have.
If you are aware of fraud, bribery, or other legal violations and would like to know about being a Whistleblower, you may contact us by phone at
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