10 Tips for Protecting Your Identity as a Federal Whistleblower

Whistleblowers are entitled to strong confidentiality protections under federal law. But, to protect your identity as a whistleblower, it is critical that you leverage these protections effectively. While the government will help with federal whistleblower identity protection, you will play an important role in protecting your identity, too. An experienced federal whistleblower attorney can help—and, as we discuss below, hiring an attorney promptly is one of the most important steps you can take to protect yourself throughout the process.

Let’s say you are thinking about blowing the whistle. What can (and should) you do to protect your identity? Here are 10 tips from the federal whistleblower attorneys at Oberheiden P.C.:

Tip #1: Hire a Federal Whistleblower Lawyer

Hiring a federal whistleblower attorney is essential for protecting yourself throughout the process. When you hire an attorney to represent you, your attorney can communicate with the government on your behalf; and, depending on the specific type of fraud, waste, abuse, or other wrongdoing you intend to disclose, your lawyer may be able to file your whistleblower complaint anonymously.

At Oberheiden P.C., we represent federal whistleblowers at no out-of-pocket cost. We can help you protect your identity to the fullest extent possible under federal law. In many cases, federal whistleblowers can go through the entire process without having their identity disclosed. Our lawyers will work with the federal government to protect your identity for as long as possible—and we will work to secure indefinite confidentiality if we can.

Tip #2: File Your Whistleblower Complaint Through the Appropriate Channel

To secure federal whistleblower status, you must file your complaint through the appropriate federal channel. There are different filing requirements in different circumstances, and you must meet all of the relevant requirements to qualify as a federal whistleblower. As soon as you qualify, the relevant confidentiality protections take effect immediately, but not before then. As a result, if you file through the incorrect channel (or if you follow the incorrect set of requirements), you may not be entitled to confidentiality.

In many cases, filing a federal whistleblower complaint involves making a protected disclosure, engaging with a federal law enforcement agency such as the U.S. Department of Defense (DOD), U.S. Department of Justice (DOJ), U.S. Commodity Futures Trading Commission (CFTC), U.S. Securities and Exchange Commission (SEC), or Internal Revenue Service (IRS). These statements may be made to personal services contractors or a federal employee responsible for federal contract or grant oversight at the relevant agency, or an authorized official of the DOJ, Government Accountability Office, or other law enforcement agency. But, whistleblowers must file their complaints in federal district court in some circumstances. Our attorneys can prepare your complaint in compliance with the relevant requirements and submit it to the appropriate federal agency or court on your behalf.

Tip #3: Make Sure You Know Which Statutory Protections Apply

The confidentiality (or anonymity) protections that are available to you will depend on the specific federal statute under which you file your whistleblower complaint. Several federal statutes provide whistleblower protections for federal employees when they file a complaint, including (but not limited to):

• Anti-Money Laundering Act
• Dodd-Frank Act
• False Claims Act
• Foreign Corrupt Practices Act
• Internal Revenue Code
• Sarbanes-Oxley Act
• Whistleblower Protection Act
• Whistleblower Protection Enhancement Act
• Military Whistleblower Protection Act

But, each federal whistleblower statute’s confidentiality protections are different. With this in mind, you will want to make sure you know which statutory protections apply so that you can handle your situation accordingly. Our attorneys can assist you here as well.

Tip #4: Make Sure You Do Not Include Any Unnecessary Identifying Information in Your Whistleblower Complaint

When preparing your federal whistleblower complaint, you should be sure not to include any identifying information (or potentially identifying information) that is not expressly required. Even though providing information to the federal government unnecessarily doesn’t necessarily mean that this information will become public, there is no reason to take unnecessary risks if you want to protect your identity.

As we mentioned above, federal whistleblowers can file their complaints anonymously in some cases. For example, the SEC accepts anonymous complaints from whistleblowers who engage an attorney to file on their behalf—and these anonymous whistleblowers are still eligible to receive whistleblower rewards. When you engage a federal whistleblower lawyer at Oberheiden P.C. to represent you, your attorney will help ensure that you do not disclose any identifying information (or potentially identifying information) unnecessarily. s

Tip #5: Maintain Business as Usual at Work (to the Extent Possible)

If you are filing a whistleblower complaint against your employer, you will want to maintain business as usual at work to the extent possible. The federal government will be investigating your complaint; and, sooner or later, your employer will learn that a whistleblower complaint has been filed. By continuing to do your job in the ordinary course of business, you can avoid raising any suspicions that you were the one who filed.

With that said, if you are concerned about being implicated in any fraud, waste, abuse, or other wrongdoing—or if you are no longer comfortable working for your employer due to what you have uncovered—you have options available. If desired, our attorneys can help you evaluate these options and choose how best to proceed.

Tip #6: Do Not Post Anything Relevant to Your Complaint on Social Media

When you are seeking to protect your identity as a federal whistleblower, you should not post anything relevant to your complaint on social media. Even if your profiles are private, your employer may hire a law firm or investigator to try to identify the whistleblower—and this could result in your social media posts being uncovered. The easiest way to avoid this concern is simply not to post anything at all.

Additionally, even if your posts are private, your friends or followers could share them beyond your network. If this happens, you will lose control of the information you disclosed online, and this could lead to your employer discerning your identity as well.

Tip #7: Do Not Discuss Your Whistleblower Complaint with Anyone Other Than Your Attorney

In this same vein, you should avoid discussing your whistleblower complaint with anyone other than your attorney. This includes your family members, friends, and coworkers. Filing a federal whistleblower complaint is a big deal—it could be one of the most significant events of your life. But, to protect yourself, you need to resist the temptation to discuss what’s going on with anyone outside of your legal team.

Just like posting information online, once you’ve shared information in person, there is no way to control its dissemination. If a family member, friend, or coworker shares what you’ve told them, this could result in your identity becoming known. Even if your family members, friends, and coworkers all have the best of intentions, people make mistakes, and anyone you tell could end up inadvertently outing you as the whistleblower.

Tip #8: Seek to Extend the Time Your Whistleblower Complaint is Maintained Under Seal (if Necessary)

Many federal whistleblowers file their complaints under the False Claims Act (FCA). If you have information about fraud, waste, or abuse under a federal government contract, grant, or program, you will most likely be filing a complaint under the FCA.

You will file your qui tam complaint in federal district court; and, when you do so, it will be filed “under seal.” The protections afforded by filing under seal are not permanent; however, qui tam relators can extend the time that their complaints remain under seal by filing timely motions with the court. When you choose Oberheiden P.C. to represent you, our federal whistleblower lawyers will keep track of the filing deadlines for these motions, and we will take the necessary steps to maintain your confidentiality for as long as possible. Indefinite protection is possible in many cases.

Tip #9: Rely on Your Lawyer to Communicate with the Government on Your Behalf

There are several reasons why you will want to have your attorney communicate with the government on your behalf as a federal whistleblower. One of the main reasons is that an experienced federal whistleblower attorney will know how to work with the government effectively to protect your identity. The process of serving as a federal whistleblower can easily extend over a period of several months (if not longer), and an experienced lawyer will be attuned to any potential issues or concerns that may need to be addressed along the way.

Tip #10: Continue to Be Careful Throughout the Process

Finally, while you can (and should) rely on an experienced federal whistleblower lawyer to help protect your identity, you have an important role to play as well. If you disclose your identity as the whistleblower, there is no going back. As a result, you will need to continue to be careful throughout the process. By working closely with your attorney to make sure you have a clear understanding of both what to do and what not to do as a federal whistleblower, you can feel confident knowing that you are not at risk for inadvertently disclosing your identity.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Speak with a Federal Whistleblower Attorney in Strict Confidence

Do you have questions about blowing the whistle with the federal government? If so, our attorneys can explain everything you need to know. To schedule a free, no-obligation consultation at Oberheiden P.C., please call 888-680-1745 or contact us confidentially online today.