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This tool is meant to give a brief overview of the most common pathways available to whistleblowers and provide basic answers to common questions for each pathway. Each circumstance is unique and you should speak to a lawyer about your case.

The Signals Network does not request, encourage or counsel potential whistleblowers to act unlawfully. This section covers some key information to be aware of based on the experience of other whistleblowers who have been through this before and the people who helped them. This section doesn’t offer legal advice, and potential whistleblowers are encouraged to consult with counsel about their particular situation.		What kinds of wrongdoing can you report?How long is the average legal process?Will your anonymity be protected by this agency?Is it possible to get a financial reward?Will you have to appear in court?Is there protection from being sued?Is it a breach of a non-disclosure agreement to give information?Who should you have on your legal team?Can you speak to a journalist simultaneously?Can you use this route if you've already spoken to a journalist?What other protections are available?Timing Considerations / Whistleblower Time Commitment
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PathwaysSecurities and Exchange Commission (SEC) Whistleblower- Fraudulent or unregistered offer or sale of securities, including things like
o Ponzi schemes
o Pyramid schemes
o High-Yield Investment Programs
- Theft or misappropriation of funds or securities
- Manipulation of a security's price or volume
- Insider trading
- False or misleading statements about a company (including false or misleading SEC reports or financial statements)
- Failure to file required reports with the SEC
- Bribery of, or improper payments to, foreign officials
- Fraudulent conduct associated with municipal securities transactions or public pension plans		3-10 yearsMost likely yes. The SEC vigorously protects whistleblowers' anonymity. However, if the SEC enters litigation or an administrative proceeding, the SEC may need to disclose your identity as a potential witness. When making awards, the SEC's policy is not to disclose a whistleblower's identity.Yes. The SEC has awarded approximately $812m to whistleblowers since 2012. Whistleblower awards can range from 10 percent to 30 percent of the money collected when the monetary sanctions exceed $1 million. However, it is still rare to successfully receive a reward.Most likely not. You do not file a lawsuit when you report to the SEC. However, it the SEC enters litigation or an administrative proceeding involving your information, you may need to appear as a witness. The SEC whistleblower program does not protect you from all lawsuits. However, the SEC has an "anti-gag" rule that prohibits companies from using confidentiality agreements to prevent whistleblowers from speaking with the SEC. No. The SEC has an "anti-gag" rule and has fined companies for attempting to use NDAs to prevent employees from reporting to the SEC.An attorney familiar with whistleblower reward programs. Possibly an employment attorney.Maybe. The SEC whistleblower program does not prohibit speaking with the media. However, doing so could interfere with the SEC's investigation and make the agency less likely to work with you to investigate your allegations. It could also violate your NDA. Yes. The SEC program prohibits companies from retaliating against their employees--i.e., terminating employment, demoting employees--for reporting violations to the SEC. HOWEVER, these protections may not apply to you if you do not work in the United States.Whistleblower time commitment is typically LOW to MEDIUM LOW. The whistleblower invests time working with their attorney on the front-end to prepare their whistleblower tip to submit to the SEC. If the SEC is interested in the tip, the agency will typically reach out within a few months of receiving the whistleblower tip to interview the whistleblower. This may be the only interview. However, for more complex cases, the agency may repeatedly interview the whistleblower over a period of years as it investigates the whistleblower's tip. If the SEC declines to act on the whistleblower's information, the whistleblower has no right to separately bring an action in court.
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Commodity Futures Trading Commission (CFTC) WhistleblowerWrongdoing includes 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.3-10 yearsMost likely yes. The CFTC vigorously protects whistleblowers' anonymity. However, if the CFTC enters litigation or an administrative proceeding, the CFTC may need to disclose your identity as a potential witness. Your identity may also be disclosed if you receive an award from the CFTC.Yes. The CFTC has awarded approximately $123 million to whistleblowers since 2014. Whistleblower awards can range from 10 percent to 30 percent of the money collected when the monetary sanctions exceed $1 million.Most likely not. You do not file a lawsuit when you report to the CFTC. However, it the CFTC enters litigation or an administrative proceeding involving your information, you may need to appear as a witness. The CFTC whistleblower program does not protect you from all lawsuits. However, the CFTC has an "anti-gag" rule that prohibits companies from using confidentiality agreements to prevent whistleblowers from speaking with the CFTC.No. The CFTC has an "anti-gag" rule and has fined companies for attempting to use NDAs to prevent employees from reporting to the CFTC.An attorney familiar with whistleblower reward programs. Possibly an employment attorney.Maybe. The CFTC whistleblower program does not prohibit speaking with the media. However, doing so could interfere with the CFTC's investigation and make the agency less likely to work with you to investigate your allegations. It could also violate your NDA. Yes.The CFTC program prohibits companies from retaliating against their employees--i.e., terminating employment, demoting employees--for reporting violations to the CFTC. HOWEVER, these protections may not apply to you if you do not work in the United States.Whistleblower time commitment is typically LOW to MEDIUM LOW. The whistleblower invests time working with their attorney on the front-end to prepare their whistleblower tip to submit to the CFTC. If the CFTC is interested in the tip, the agency will typically reach out within a few months of receiving the whistleblower tip to interview the whistleblower. This may be the only interview. However, for more complex cases, the agency may repeatedly interview the whistleblower over a period of years as it investigates the whistleblower's tip. If the CFTC declines to act on the whistleblower's information, the whistleblower has no right to separately bring an action in court.
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The Federal False Claims Act (Department of Justice)The cornerstone of a whistleblower case under the False Claims Act is evidence that fraud or misconduct caused the federal government to suffer a loss. The false claim can take many forms:
- Overcharging the government for a product or service.
- Providing the government with a product or service that is substandard or otherwise different from what the government agreed to pay for.
- Underpaying the government or avoiding an obligation to pay the government (for obligations other than taxes).
- Keeping an overpayment received from the government.
To be a violation of the FCA, a defendant’s wrongful actions must be “knowing.” Deliberate ignorance or reckless disregard of the truth of the claim is sufficient to show knowing conduct.		3-7 yearsNo. The False Claims Act does not guarantee anonymity. However, your case will be filed "under seal" meaning the defendants likely will not know your identity for several years.Yes. A whistleblower can receive between 15 and 30 percent of the money recovered by the DOJ.Possibly. Unless DOJ settles your case before litigation begins, or you choose not to proceed with a case once DOJ declines to act, you will need to appear in court as a witness.The False Claims Act does not protect you from all lawsuits. However, courts have dismissed some lawsuits brought by employers against whistleblowers for disclosing company information. The courts have found that the public policy (public interest) embodied by the False Claims Act defeats these lawsuits.Probably not. Courts have dismissed some lawsuits brought by employers against whistleblowers for disclosing company information. The courts by found that the public policy (public interest) embodied by the False Claims Act defeats these lawsuits.An attorney familiar with whistleblower reward programs. Possibly an employment attorney.No. Once you have filed the False Claims Act case, the matter is under seal and you can only discuss the matter with your attorneys and the government. If you violate the seal, you can be sanctioned.Yes. The False Claims Act prohibits companies from retaliating against employees who report to the government, report internally, or try to stop the fraud. The anti-retaliation protection is broader than the CFTC and SEC programs.Whistleblower time commitment is typically MEDIUM to HIGH. A whistleblower invests significant time on the front-end working with their attorney to prepare a whistleblower complaint, which is filed in federal court, and a disclosure statement listing all evidence the whistleblower possesses, which is given directly to the Department of Justice. The DOJ will then schedule an interview with the whistleblower typically within 3 months. The DOJ may then work with the whistleblower and their attorneys for the entire course of investigation--possibly years--interviewing the whistleblower multiple times, asking for the whistleblower's help reviewing documents obtained in the investigation, and seeking the whistleblower's input on relevant witnesses. If the DOJ takes the case to litigation, the whistleblower and their attorney will likely support the DOJ's litigation efforts. If the DOJ declines to proceed with a lawsuit based on the whistleblower's information, the whistleblower has the legal right to proceed in court on their own.
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National Highway Traffic Safety Administration (NHTSA)Wrongdoing includes potential vehicle safety defects, noncompliance with the Federal Motor Vehicle Safety Standards, and violations of the Vehicle Safety Act. NHTSA investigators consider information provided by whistleblowers, which may lead to formal actions like an investigation, recall, or civil penalty enforcement action. NHTSA protects the confidentiality of whistleblowers. Unclear. The program was created in 2015 by the Motor Vehicle Safety Whistleblower Act, but NHTSA has not yet made rules to establish the program.Most likely yes. Yes. Awards can range from 10 percent to 30 percent of the money collected when the monetary sanctions exceed $1 million. There has been only one award to date associated with this program.Most likely not. You do not file a lawsuit when you report to NHTSA. It is likely that, once the program is further developed, you might be disclosed as a witness if NHTSA enters litigation or an administrative proceeding involving your information.No. The NHTSA program does not protect you from all lawsuits. The program needs to be developed further.Probably not. However, the program needs to be developed further.An attorney familiar with whistleblower reward programs. Possibly an employment attorney.Maybe. The program needs to be developed further. Yes. Federal laws prevent retaliation against employees who work for motor vehicle manufacturers, part suppliers, and dealerships who report auto safety issues or refuse to participate in misconduct. Whistleblower time commitment is LOW and all on the the front-end, i.e., preparing the whistleblower tip to send to NHTSA. Because NHTSA has yet to fully activate this program, the time commitment may increase going forward. If NHTSA declines to act on the whistleblower's information, the whistleblower has no right to separately bring an action in court.
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Internal Revenue Service WhistleblowerWrongdoing includes any tax noncompliance.5-10 yearsMost likely yes. Although IRS whistleblowers must disclose their identities to the IRS when submitting a tip, the tip may be submitted secretly. The IRS has a strong policy to protect the whistleblower’s identity. The agency has generally taken steps to ensure that the whistleblower's target does not learn that there is a whistleblower, much less that person’s identity. However, if the IRS decides to pursue the case in court or an administrative proceeding, the IRS may need to disclose your identity as a potential witness. Your identity may also be disclosed if you receive an award from the IRS.Yes. The whistleblower receives between 15 percent and 30 percent of the money recovered if the recovery exceeds $2 million. Most likely not. You do not file a lawsuit when you report to the IRS. However, it the IRS enters litigation or an administrative proceeding involving your information, you may need to appear as a witness. The IRS whistleblower program does not protect you from all lawsuits. Probably not. However, the program needs to be developed further.An attorney familiar with whistleblower reward programs. Possibly an employment attorney.Maybe. But the optics might not be good for your case. Yes. Whistleblowers are generally entitled to protection from retaliation by their employers based on their reporting of tax violations.Whistleblower time commitment is LOW and all not the front-end, i.e., preparing the whistleblower tip to send to the IRS. Typically, the IRS will interview the whistleblower only once, if at all. Tax privacy laws prevent the IRS from disclosing actions taken on a whistleblower submission or the status of any investigation. The IRS will disclose only if the case is still open or is closed. If it is closed and the whistleblower will receive an award, the IRS contacts the whistleblower. If the IRS declines to act on the whistleblower's information, the whistleblower has no right to separately bring an action in court.
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Anti-Money Laundering Whistleblower Program (Department of Treasury)A whistleblower may submit information about any possible violation of the Bank Secrecy Act and its regulations that has occurred, is ongoing, or is about to occur. Violations may take the form of:
- The failure of a covered financial institution to have an effective overall compliance program;
- Failures with respect to specific compliance program components or “pillars”;
- Systemic and recurring noncompliance with BSA requirements.		Unknown; the program is new in 2021.Most likely yes. Whistleblowers may supply information anonymously, as long as they are represented by an attorney. The program is brand new in 2021 so it is unclear how vigorously a whistleblower's identity will be protected.Yes. A whistleblower can receive a reward of up to 30 percent of monetary sanctions over 1$ million the government imposes based on the information the whistleblower provides.Most likely not. You do not file a lawsuit when you report money laundering violations. It is likely that, once the program is further developed, you might be disclosed as a witness if the Department of Treasury enters litigation or an administrative proceeding involving your information.No. The program does not protect you from all lawsuits. The program needs to be developed further.Probably not. However, the program needs to be developed further.An attorney familiar with whistleblower reward programs. Possibly an employment attorney.Maybe. The program needs to be developed further. Yes. The Anti-Money Laundering Act bars employers from discharging, demoting, threatening or harassing employees who provide information relating to money laundering and violations of the Bank Secrecy Act (BSA) to their employer, or to the attorney general, secretary of the treasury, regulators and others. The program is too new to assess, but a whistleblower will need to invest time up front putting together their information to provide to the agency.
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MediaThe process from a first conversation with a journalist to a publication date usually takes weeks or even months (getting to know each other, building trust, potentially other media, time for journalists to investigate, talk to other sources, question the company, regulator, etc.)You decide what the journalist knows about you, what you allow him/her to publish. You decide what is on the record, off the record, on background. You decide how he/she can attribute the information to. Make sure you think of all small details that could help identify you (ex: number of pages in report you shared with him/her, etc).No.No.No.Usually yes.An attorney with experience working with media, expertise on defamation.You can talk to many journalists simultaneously.Yes. Whistleblower time commitment is typically LOW to MEDIUM LOW. The whistleblower invests time working with the journalist on the front-end to get the investigation started, might have some follow ups interviews to go deeper in some aspects, then may invest time ahead of the publication.
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Civil SocietyThis depends entirely on the whistleblower's objectives. If it is just to get a piece of evidence into the right hands, the relationship may be a matter of days to weeks. If it is litigation, those generally mutli-year schedules control. If it is to challenge an ingrained policy or major government project, the relationships could last for years, or as long as the whistleblower has stamina and something to contribute.Not necessarily. The Civil Society Organization does not have a personal commitment to you and may decide to sacrifice your rights for the cause. Further, unless the organization represents you, it does not have the attorney client shield to shield you. Representation can work, if the CSO’s retainer agrees in the event of a conflict to shield anything you do not want to release. Alternatively, communicate with the CSO through counsel who can protect you at every stage.Unless co-realtors in False Claims Act litigation, partnerships with CSO’s seldom do not lead to commercial benefit. As a rule, these are partnerships between kindred spirits operating from distinct perspectives to make a difference, rather than a profit. NDA’s or other restraints.It depends on your objectives, but as a rule CSO’s are an advocacy alternative or supplement to litigation. Witness or expert witness contribution to CSO litigation illustrate objective that require court.Working with a CSO will not shield you from liability under U.S. laws, beyond anti-gag provisions that prevent litigation grounded in an NDA or other restriction that conflicts with protected speech under the relevant whistleblower law. However, 23 of 47 national laws, and the EU Directive adding 14 more nations, have criminal and civil liability shields for whistleblowing. The latter provides an affirmative defense if the whistleblower reasonably believes disclosure was necessary, and no independent laws beyond accessing evidence are violated, such as breaking and entering.No, as long as the information is protected speech under the relevant whistleblower law. However, about a third of early U.S. corporate whistleblower laws before 2002 did not have anti-gag protection, making the NDAs enforceable through litigation.A trustworthy attorney with a track record that includes successful working relationships with the CSO, and a track record of successful representation. (See more detailed comments in text.)Yes, both are key actors in the legal campaigns necessary to turn the truth into power. However, it may be wise first to learn from the CSO which journalists are trustworthy and effective, based on prior experience. Additionally, there must be careful planning and coordination to control use and release of the information, or the two allies could cancel each other out or conflict with the whistleblower’s goals.Yes. Government employees also have First Amendment protection under the constitution. If not covered by one of over 50 U.S. corporate whistleblower statutes, many of which overlap, private sector workers in 44 states also can file public policy exception tory suits for damages in state court.It varies entirely on the whistleblower’s goals, from a few hours to launder significant evidence through the CSO, to a full time job for the length of the advocacy campaign if the whistleblower is off work, such as becoming an expert witness.
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