The DOJ Corporate Whistleblower Awards Pilot Program (DOJ Whistleblower Program) is targeted at corporate crime, specifically four types of financial and healthcare crimes that are typically not covered by existing whistleblower programs:

1.      Crimes involving Financial Institutions

Fraudulent schemes by financial institutions, their insiders, or their agents involving:

• Money laundering and anti-money laundering compliance violations;

• Registration of money transmitting businesses;

• Violations of fraud statutes; and

• Fraud or non-compliance in dealing with financial institution regulators (like the FDIC, the CFPB, OCC, and the Federal Reserve Board).

2.      Foreign Corruption and Bribery

International bribery and corruption violations by or for companies, including violations of the Foreign Corrupt Practices Act, the Foreign Extortion Prevention Act, and anti-money laundering statutes.

3.      Domestic Bribery and Kickbacks

Bribery schemes and kickbacks by or for companies to domestic public officials—such as federal, state, or local elected officials.

4.      Federal Health Care Crimes

Certain federal healthcare violations, including:

• Crimes and fraudulent schemes where the overwhelming majority of the claims involved are submitted to private or non-public health care benefit programs;
• Fraud targeting patients, investors, and other non-governmental entities, where those individuals and entities bear the overwhelming majority of the loss; and
• Other federal health care violations that are not covered by the False Claimes Act.
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Yes. Whistleblowers can receive rewards under the DOJ Whistleblower Program. However, unlike many other whistleblower programs, the decision about whether to pay an award is in DOJ’s sole discretion. Under the Program, DOJ will consider awards to individuals or groups of individuals who:

1. Make a written submission of original information to the pilot program;

2. That leads to a successful prosecution, corporate criminal resolution, or civil forfeiture action relating to four areas of corporate crime described above;

3. And results in criminal or civil forfeitures of more than $1 million in net proceeds.

Under the program, a whistleblower may receive up to 30% of the first $100 million in net forfeitures plus up to 5% of net forfeitures between $100 million and $500 million. Although DOJ has sole discretion over the amount of the award, there is a presumption that the agency will award 30% of the first $10 million in net forfeitures when it determines an award is appropriate.

DOJ will calculate these awards based on the “net proceeds forfeited,” meaning the net funds after any mandatory, nondiscretionary transfers, expenses, and costs associated with forfeiture, and applicable costs associated with investigation and prosecution of seizure and forfeiture. Other owners or lienholders with a valid interest in the forfeited property will also be compensated first, as will any individual victims entitled to compensation.

DOJ will consider serval positive and negative factors to determine the ultimate award percentage within the ranges set out above.

Several factors can increase the size of a whistleblower award:

• Significance of Information: DOJ will consider how significant the whistleblower’s information was to the success of the enforcement action leading to the forfeiture. This includes not only evidence of wrongdoing but also information that allows DOJ to obtain further evidence or identify assets for forfeiture.

• Assistance: DOJ will also consider the degree of assistance provided by the whistleblower and their attorneys after submitting a tip. When the government considers a tip credible and valuable, it will typically interview the whistleblower and request ongoing assistance, which can include explaining complex transactions, interpreting evidence gathered through investigations, and identifying new witnesses or lines of inquiry as an investigation progresses. Put simply, the more a whistleblower helps, the higher their award.

• Timeliness: In considering a whistleblower’s assistance, DOJ will also assess the timeliness of their reporting to DOJ and/or any internal compliance systems. The sooner the better, as this allows DOJ to act before evidence is lost or a statute of limitations expires.

• Hardship: DOJ will also consider increasing an award if a whistleblower experiences any unique hardship because of their whistleblowing activities.

• Internal Reporting: DOJ will also increase awards when a whistleblower has participated in a company’s internal compliance program before reporting their concerns to the government. Significant cooperation with any internal investigation can also boost a whistleblower’s award. But DOJ will also consider whether the company had “adequate and available channels for internal reporting” when assessing this factor.

  • Note: A whistleblower can also receive a reward based on information a company self-reports to DOJ after a whistleblower reports their concerns internally, as long as the whistleblower files a submission under the DOJ Whistleblower Program within 120 days of reporting internally.

Other factors can decrease the size of a whistleblower award:

• Culpability: Individuals will receive no award if they “meaningfully participated in the criminal activity, including by directing, planning, initiating, or knowingly profiting from that criminal activity.” However, a whistleblower with a “minimal role” in criminal conduct remains eligible, though DOJ will consider the significance of their role when determining the award percentage.

• Unreasonable Delay: DOJ will consider whether the whistleblower unreasonably delayed reporting. In doing so, DOJ will evaluate not only the timing of a whistleblower’s tip but also whether the whistleblower waited until after learning of an investigation to report and the reasons for any delay.

• Interference: Whistleblowers who interfere with an internal compliance system, including by making false statements or deliberately withholding information or evidence, will receive decreased awards.

• Management Role: Whistleblowers who had oversight of those involved in the misconduct may receive reduced awards or no award at all, even if they had no direct knowledge of the misconduct. In assessing this factor, DOJ will consider whether the whistleblower had decision making authority, contributed to a culture of noncompliance, or received red flags relating to the misconduct.

The DOJ whistleblower program is designed to work in conjunction with the DOJ’s voluntary self-disclosure programs. Only individuals—not companies—are eligible for awards under the pilot program.

The DOJ is looking for whistleblowers with original information—which means information from the whistleblower’s independent knowledge or analysis that is non-public and not already known to DOJ or that materially adds to what the DOJ already knows.

Potential whistleblowers may also be excluded if they “meaningfully participated” in the criminal conduct, if they obtained their information illegally, if they obtained the information as part of a legal representation, or if their tip is based on attorney-client privileged information and no exception to the privilege applies.

In some cases, the DOJ program will not reward whistleblowers who are hold certain executive, compliance, or accounting roles, though there are exceptions to those restrictions that will apply in many cases.

The rules regarding whistleblower eligibility are complicated, and potential whistleblowers should consult with experienced attorneys if they have questions about their ability to receive an award.

The pilot program is a three-year initiative that became effective on August 1, 2024. DOJ plans to regularly evaluate the program and determine whether changes or updates are necessary. DOJ will also decide whether to extend the program beyond July 2027. Even if they don’t, whistleblowers who submit information during the pilot program can receive an award even if the government does not take a related enforcement action until years later.