Sunday Read: Fall 2024 Whistleblower Developments

National Whistleblower Center
6 min readSep 16, 2024

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This article highlighting federal whistleblower policies and initiatives and was sent as part of NWC’s “Sunday Read” series. For more information like this, please join our mailing list.

Whistleblower law has been making news in the past month, with announcements being made by government agencies that can potentially improve or complicate the landscape.

From the Department of Justice’s (DOJ) new program launch to the Office of Special Council’s public commitment to whistleblower initiatives, the latter half of 2024 is shaping up to be incredibly impactful.

In this Sunday Read, National Whistleblower Center (NWC) takes a closer look at what these announcements mean for whistleblowers and legal advocates.

DOJ Launches Corporate Whistleblower Program: News & Views

In August, the DOJ’s Criminal Division launched a Corporate Whistleblower Awards Pilot Program to uncover and prosecute corporate crime.

Like other federal programs in the U.S., the program incentivizes a whistleblower who provides the Criminal Division with original and truthful information about corporate misconduct that results in a successful forfeiture may be eligible for an award. DOJ’s pilot program is modeled on successful whistleblower programs run by the SEC, CFTC, and FinCEN, and seeks original information about corporate misconduct not covered by those programs.

The DOJ detailed how the information must relate to one of four key areas:

• certain crimes involving financial institutions, from traditional banks to cryptocurrency businesses;

• foreign corruption involving misconduct by companies outside the jurisdiction of the SEC;

• domestic corruption involving misconduct by companies, such as unethical or illegal payments to government officials;

• health care fraud schemes, involving private insurance plans, set beyond the limits of the False Claims Act.

“If the information a whistleblower submits results in a successful prosecution that includes criminal or civil forfeiture, the whistleblower may be eligible to receive an award of a percentage of the forfeited assets,” the DOJ noted on its site.

However, unlike the aforementioned programs, the DOJ’s Criminal Division prohibits payments to any whistleblower who meaningfully participated in the criminal activity they report. Additionally, the DOJ is taking preemptive steps to protect whistleblowers’ confidentiality to reduce the fear of retaliation.

“…If DOJ learns that any person or entity takes action to prevent a whistleblower from sharing information about potential crimes, DOJ will take all appropriate steps to address such acts, including, where appropriate, by opening a criminal investigation into obstruction of justice,” the agency noted.

There is also an incentive for companies to voluntarily self-report. Should they contact the DOJ prior to the DOJ contacting them, and within 120 days of receiving an internal whistleblower report, they may be eligible for a presumption of a declination under the Criminal Division’s Corporate Enforcement and Voluntary Self-Disclosure Policy.

Quick Takes

The program was first announced on August 1, 2024, and lawyers and firms have already weighed in on its potential benefits and drawbacks.

For example, Holland & Hart noted that the program will resonate with C-Suites across the country. The program, the firm wrote, “increases the urgency for companies to evaluate the effectiveness of their existing compliance protocols and to efficiently and effectively investigate reported concerns.”

Kohn, Kohn & Colapinto LLP (KKC) founding partner and NWC Co-Founder and President Stephen M. Kohn, was nonplussed by the announcement, particularly with regard to the awards limits.

“The most serious shortcoming is that the amount of awards is capped, and the Justice Department maintains the discretion to deny awards to fully qualified whistleblowers,” Kohn wrote on the KKC site. “DOJ can deny the payment of an award for any reason or no reason, and there is no judicial review if an otherwise meritorious claim is denied.”

Furthermore, there is a measure of dichotomy to the pilot program.

“The DOJ program permits anonymous filing,” Kohn wrote, “but the Justice Department maintains broad discretion to waive anonymity when the department deems that is necessary.”

One of the leading voices in whistleblower law, Kohn has publicly suggested that the program “permit anonymous and confidential reporting as is currently permitted by the U.S. Securities and Exchange Commission (SEC) under the highly successful Dodd-Frank Act.”

NWC will continue to report on the developments, benefits and drawbacks of the Criminal Division’s Corporate Whistleblower Awards Pilot Program.

A Special Commitment of the OSC

In 2024, Hampton Dellinger was named to a five-year term to serve as Special Counsel at the U.S. Office of Special Counsel (OSC). Dellinger indicated his intention to establish a new tone from the top at the OSC, most notably by requiring all agencies in its 5 U.S.C. 2302(c) Certification Program to promote National Whistleblower Appreciation Day as part of their annual re‐certification.

But that acknowledgement was just a starting point. On August 30, 2024, Dellinger presented a proposal to increase government transparency and hasten accountability by addressing how it handles:

  1. delays in agency responses to whistleblower disclosures of agency wrongdoing;
  2. the statutory requirement that agency reports on alleged misconduct “shall be reviewed and signed by the head of the agency”;
  3. investigations of prohibited personnel practices; and
  4. OSC’s own procedures.

Dellinger noted that he wants a new level of communication, and wrote in Government Executive that, “with the consent of the whistleblowers who first flagged the possible misconduct, [OSC] will provide public notice about the allegations being investigated.”

He continued:

“Specifically, OSC would post summaries of whistleblower allegations where my colleagues and I have made a ‘substantial likelihood’ of agency wrongdoing determination. These summaries would be for open matters where I await final agency reports detailing their findings and fixes.

“And we propose doing something similar on the employee protection side. When OSC sees evidence indicating that whistleblower retaliation or some other prohibited personnel practice has occurred, and the agency is not timely and reasonably responding to the injured employee, we would say something quickly and publicly whenever the wronged worker agrees.”

OSC will announce which aspects of this proposal will take official effect on or soon after the start of the new government fiscal year on October 1, 2024.

Update Your YouTube Playlist

NWC hosted its annual National Whistleblower Day celebration on Capitol Hill on July 30, 2024. While it was broadcast live on C-SPAN, the public can access videos on-demand via NWC’s YouTube channel.

This year, NWC has upgraded the viewer experience as the videos capture speakers’ individual addresses from the Russell Senate Office Building, which range from four to 12 minutes.

Whether you want to hear from bipartisan allies in government, like Sen. Charles Grassley (R-IA) and Sen. Ron Wyden (D-OR), whistleblowers like Lindsey Gulden (ExxonMobil) and Austin Handle (Law Enforcement), or are curious about the international position from Mexico City-based Professor and Anti-Corruption Attorney María de los Ángeles Estrada Gonzalez, you have a diversity of perspectives from which to choose.

“NWC is so grateful to https://dmvproductions.com/DMV Productions for donating videography services to NWC ensuring that viewers have almost immediate access to our fantastic National Whistleblower Day videos,” said NWC Executive Director Siri Turner. “Most importantly, we understand that it can be difficult to make it to Capitol Hill. And we are grateful that these videos — available for free on YouTube — will allow more people to learn something valuable from National Whistleblower Day 2024 and draw inspiration from speakers’ bravery and leadership.”

Support NWC

NWC fights to bolster whistleblower programs and raise awareness about the value of whistleblowers. As a 501(c)(3) non-profit our work is made possible with the support of our generous donors. Please consider donating $100 today to help us continue to educate the public about whistleblower experiences and the role whistleblowers play in putting an end to fraud and money laundering. Donors of $100 or more will receive a copy of Rules for Whistleblowers: A Handbook for Doing What’s Right, written by NWC Co-Founder Stephen M. Kohn.

This story was written by Justin Smulison, a professional writer, podcaster, and event host based in New York.

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National Whistleblower Center

National Whistleblower Center is the leading nonprofit working with whistleblowers around the world to fight corruption and protect people and the environment.