Citizen Journalists: Here’s How to Get Paid as a Whistleblower

Several Whistleblower Programs Pay Monetary Awards to Citizen Journalists—Here’s What You Need to Know

Citizen journalists play an important role in holding corporations and individuals accountable. Today, their role is more important than ever. From fraud under government programs to fraud in government contracting, citizen journalists can expose (and have exposed) numerous forms of fraud throughout the U.S. and worldwide.

In many cases, citizen journalists are eligible to serve as whistleblowers. If citizen journalists contact the government instead of coming forward on social media or working with traditional news media, they can serve as whistleblowers under federal law. While citizen journalists may or may not need the anti-retaliation protections that federal whistleblower laws provide, these laws also entitle whistleblowers to monetary awards in many cases.

3 Key Steps to Getting Paid as a Whistleblower

If you want to get paid as a whistleblower, there are three key steps you need to take. As you’ll see below, one of these steps is engaging a law firm to represent you.

Filing a whistleblower claim with the federal government is a complex process; and, while the government awards whistleblowers in appropriate cases, it is up to whistleblowers to prove that they are entitled to compensation. At Oberheiden P.C., our federal whistleblower lawyers have extensive experience representing whistleblowers through the process. We can work with the appropriate federal authorities on your behalf, and we will do so at no out-of-pocket cost to you.

Here’s what you need to do to initiate a federal whistleblower case as a citizen journalist:  

1. Find Fraud in Excess of $2 Million

While whistleblowers can report any amount of fraud, to receive an award, you must generally report fraud in excess of $2 million. Whistleblower awards are calculated as a percentage of the amount the government recovers through successful enforcement actions; and, as a result, the government sets a minimum threshold for award eligibility.

2. Contact a Law Firm Immediately

As a citizen journalist, you have the option of submitting a whistleblower tip to the government anonymously. However, if you do, you will not be eligible for a whistleblower award.

To establish award eligibility, you must come forward under one of the government’s established whistleblower programs. You must meet the relevant program’s substantive and procedural filing requirements, and you must be prepared to work with the relevant whistleblower office throughout the process.

All of these facts make it important to engage a law firm that has extensive experience taking appropriate legal action on behalf of whistleblowers. When you choose Oberheiden P.C., we will:

• Determine if you are eligible to serve as a federal whistleblower
• Help you make an informed decision about whether to come forward
• Identify the correct whistleblower office for you to contact
• Prepare and file your whistleblower claim in accordance with the law
• Serve as your liaison with the federal government throughout the process

If you are able to provide credible information that is distinct from information previously disclosed to the federal government and that leads to monetary sanctions, you may become eligible for whistleblower compensation. If you do, we can work with the government on your behalf to secure an award that reflects your contributions to the government’s recovery.

3. File a Formal Whistleblower Complaint

To be absolutely clear, to qualify for a whistleblower reward based on the information you have in your possession, you must file a formal whistleblower complaint with the federal government—and you must do so before you come forward publicly. You also must generally be the first to come forward through any means. With this in mind, if you are interested in getting paid as a whistleblower, we strongly recommend scheduling a free initial consultation right away.

Whistleblower Programs in the United States

The federal government administers several whistleblower programs. When coming forward as a whistleblower, a key first step is choosing the correct program under which to file. At Oberheiden P.C., we help citizen journalists come forward under all federal whistleblower programs, including:

Commodity Futures Trading Commission (CFTC) Whistleblower Program

The Commodity Futures Trading Commission (CFTC) accepts whistleblower complaints involving violations of the Commodity Exchange Act (CEA), Dodd-Frank Act (Dodd-Frank), and the various other federal laws and regulations that govern the commodity futures markets in the United States. Over the past decade, the CFTC has paid close to $400 million in whistleblower awards.

Environmental Protection Agency (EPA) Whistleblower Program

The Environmental Protection Agency (EPA) accepts whistleblower complaints involving environmental contamination, harm to wetlands and protected species, Superfund fraud, and other violations of federal environmental laws and regulations. While the EPA does not issue whistleblower awards directly, EPA whistleblowers can secure awards under the False Claims Act (FCA), Sarbanes-Oxley Act (SOX), and other pertinent federal statutes.

False Claims Act (Qui Tam) Whistleblower Program

The False Claims Act (FCA) is one of the most important federal whistleblower statutes on the books today. It prohibits all forms of fraud, waste, and abuse under all federal contracts, grants, and programs. Citizen journalists who file a qui tam lawsuit under the FCA are entitled to between 15% and 30% of the monetary sanctions collected (if their lawsuit is successful).

Financial Crimes Enforcement Network (FinCEN) Whistleblower Program

The Financial Crimes Enforcement Network (FinCEN) is an office within the U.S. Treasury that is responsible for enforcing individual and corporate compliance with the Bank Secrecy Act (BSA) and the Anti-Money Laundering Act (AMLA). FinCEN has the authority to issue whistleblower awards in cases involving accounting fraud, transaction reporting violations, and other civil and criminal offenses.

Food and Drug Administration (FDA) Whistleblower Program

The Food and Drug Administration (FDA) accepts whistleblower complaints involving violations of the Food, Drug, and Cosmetic Act (FDCA) related to the study, submission, and marketing of medical devices, pharmaceuticals, and other regulated products. While the FDA does not issue whistleblower awards directly, these cases will often involve False Claims Act violations as well.  

Internal Revenue Service (IRS) Whistleblower Program

The Internal Revenue Service (IRS) accepts whistleblower complaints involving violations of the Internal Revenue Code (IRC) and other federal tax laws. If the IRS relies on a whistleblower’s information to recover back taxes, interest, and penalties for significant tax evasion or tax fraud, this can entitle the whistleblower to a significant financial reward.

Occupational Safety and Health Administration (OSHA) Whistleblower Program

The Occupational Safety and Health Administration (OSHA) accepts whistleblower complaints involving workplace safety violations. While OSHA does not have a whistleblower reward program, federal contractors and other businesses that violate OSHA’s safety requirements will frequently be in violation of the False Claims Act as well.

Securities and Exchange Commission (SEC) Whistleblower Program

The Securities and Exchange Commission (SEC) accepts whistleblower complaints involving all federal securities law violations. The SEC has paid several of the largest whistleblower awards in U.S. history, and whistleblowers who provide information leading to a successful SEC enforcement action can receive between 10% and 30% of the amount recovered.

U.S. Department of Defense (DOD) Whistleblower Program

Each year, the U.S. Department of Defense (DOD) pays hundreds of billions of dollars to defense contractors in the private sector. Much of this money is lost to fraud. When qualifying whistleblowers expose fraud and assist the DOD with pursuing a successful enforcement action resulting in the recovery of taxpayer funds, they are entitled to monetary awards under the False Claims Act.

U.S. Department of Health and Human Services (HHS) Whistleblower Program

The U.S. Department of Health and Human Services (HHS) Whistleblower accepts whistleblower complaints involving possible violations of the Medicare and Medicaid billing rules and regulations. The government also compensates whistleblowers for assistance provided in Medicare and Medicaid fraud cases under the False Claims Act.

U.S. Department of Justice (DOJ) Whistleblower Programs

The U.S. Department of Justice (DOJ) handles all qui tam lawsuits filed under the False Claims Act. In addition, it administers whistleblower programs including:

• Antitrust Division Whistleblower Rewards Program – The DOJ’s Antitrust Division relies on whistleblowers to help it, “investigate and prosecute companies and people who reach illegal agreements with their competitors and violate the criminal antitrust laws.” Under the Antitrust Division Whistleblower Rewards Program, eligible whistleblowers are entitled to between 15% and 30% of any “criminal fine or recovery” when their assistance leads to a successful enforcement action.
• Corporate Whistleblower Awards Pilot Program (CWAPP) – Under its Corporate Whistleblower Awards Pilot Program (CWAPP), the DOJ accepts whistleblower complaints involving accounting fraud and other forms of corporate misconduct. It also accepts complaints involving immigration law violations, including employing and harboring individuals who are in the U.S. illegally.

In False Claims Act cases, the DOJ is responsible for deciding whether the government will intervene and pursue a whistleblower’s qui tam lawsuit directly. If the government declines to intervene, whistleblowers can continue pursuing their claims independently—and, in these cases, they are entitled to a larger percentage of the money the government receives as a result of their efforts.

Types of Fraud You Can Report as a Citizen Journalist-Whistleblower

Under these programs, citizen journalists can report numerous forms of fraud to the federal government—and potentially receive a monetary reward for their efforts. This includes (but is not limited to) forms of fraud such as:

Antitrust Violations

Federal antitrust laws prohibit companies from engaging in price fixing, market segmentation, and other anti-competitive practices that harm consumers. They also restrict mergers and acquisitions that have the potential for anti-competitive consequences.

Anti-Money Laundering (AML) Violations

Federal anti-money laundering laws establish extensive due diligence, recordkeeping, and disclosure requirements for financial institutions. They also allow for prosecution of individuals and businesses in a wide range of circumstances—including circumstances involving funds obtained through illicit means.

Childcare Fraud

Childcare and daycare centers that accept federal funds must comply with all pertinent federal requirements. Setting up shell childcare centers in order to fraudulently obtain federal funds is a clear form of fraud as well.

Defense Contract Fraud

From overbilling to delivering defense articles that are not up to specification, defense contract fraud can take (and does take) many different forms. Citizen journalists can also report fraud, nepotism, corruption, and other illicit practices during the defense procurement process.

Disaster Relief Fraud

Fraud under federal disaster relief programs costs U.S. taxpayers billions of dollars each year. Citizen journalists can report both individual and corporate fraud under hurricane, tornado, flood, and other disaster relief programs administered by the Federal Emergency Management Agency (FEMA).

Education Fraud

Education fraud involves both institutional fraud (i.e., academic institutions improperly obtaining or retaining federal funds) and financial aid fraud (i.e., students or advisors improperly obtaining or retaining federal funds). Whistleblowers can report both forms to the federal government.

Financial Fraud

Citizen journalists who have information about financial fraud can also qualify for whistleblower rewards in many cases. Federal and state laws prohibit numerous forms of financial fraud, and whistleblowers can report everything from corporate accounting fraud to Office of Foreign Assets Control (OFAC) sanctions violations to the federal government.

Government Contract Fraud

Along with defense contract fraud, whistleblowers can also report all other forms of government contract fraud under the False Claims Act. We help whistleblowers expose fraud during and after the procurement process perpetrated against all federal departments, offices, and agencies.

Government Program Fraud

Fraud under federal government programs is also a multi-billion-dollar problem. Whistleblowers can report fraud under permanent government programs (i.e., Social Security) and fraud under temporary programs like the Paycheck Protection Program (PPP) and Employee Retention Credit (ERC) program.

Grant Fraud

Similar to the other forms of fraud on this list, federal grant fraud can take many different forms. Our lawyers are available to help citizen journalists expose everything from fraudulent certifications for grant eligibility (and renewals) to fraudulent research and reporting practices. We handle cases involving non-profit organizations, academic institutions, and all other federal grant recipients.

Healthcare Fraud

A significant percentage of all federal whistleblower cases involve fraud under Medicare, Medicaid, and other federal healthcare programs. When the government recovers funds under these programs using information that a qualifying whistleblower provided, the whistleblower is entitled to a monetary award under the False Claims Act

Immigration Fraud

Whistleblowers can report all forms of immigration fraud, including I-9 fraud and misleading federal authorities during ICE raids and investigations. Under the Corporate Whistleblower Awards Pilot Program (CWAPP), the DOJ pays awards to qualifying whistleblowers who expose these illegal corporate practices.

Import and Export Fraud

Companies that engage in import and export fraud in order to avoid customs duties and tariffs can—and should—be held accountable. Companies that illegally import or export goods or technology should be held accountable as well. We help whistleblowers expose all forms of import and export fraud to U.S. officials.

Medical Device and Prescription Drug Fraud

Medical device and prescription drug fraud are serious, and pervasive, issues that can have life-threatening consequences. They also cost taxpayers billions of dollars annually. If a whistleblower participates in a federal investigation that leads to liability for a medical device manufacturer or drug company, the whistleblower may be entitled to a sizable reward.

Securities Fraud

Securities fraud accounts for a significant percentage of all federal whistleblower cases as well. From insider trading to fraudulent corporate disclosures, and from illegal unregistered IPOs and ICOs to brokerage firm misconduct, whistleblowers can report all types of securities violations under federal law.

Tax Fraud

Whistleblowers can report all forms of individual and corporate tax fraud to the Internal Revenue Service (IRS). The IRS is one of the limited number of federal agencies that will pay rewards to multiple whistleblowers in appropriate cases. If you have (or believe you may have) information about substantial tax evasion or tax fraud, we strongly encourage you to schedule a confidential consultation.

Examples of Fraudulent Practices You Can Report

Within each of these broad categories, individual fraudulent practices can take many different forms. With this in mind, here is just a sampling of the types of fraudulent practices that you may be able to expose to the federal government:

• Cost Mischarging or Double–Billing – Cost mischarging involves billing the government for goods or services delivered under a non-government contract, while double-billing involves billing the government and another party for the same work.
• Falsely Certifying Compliance – Government contractors, grant recipients, and program participants may be required to certify compliance with various federal rules and requirements.
• Falsifying Research, Testing, or Safety Results – Falsifying research records or outcomes under federally funded programs is a clear, and alarmingly common, form of federal fraud.
• Improperly Accepting Payments from Government Programs – Companies that are not in compliance with all pertinent federal requirements may be prohibited from receiving payments (directly or indirectly) under federal government programs.
• Improperly Billing the Government – Along with cost mischarging and double-billing, contractors and other companies can also face fraud allegations for billing the government when they are ineligible to do so (i.e., due to loss of a certification or incomplete work).
• Misrepresenting Information in a Government Contract Bid – Procurement fraud is a major issue for the federal government. Companies that misrepresent information in government contract bids can—and should—be held accountable.
• Misrepresenting Information in a Government Filing – From tax returns to pre-market submissions, misrepresenting information in any type of government filing is a clear form of fraud that can harm taxpayers, consumers, or the public at large.
• Misrepresenting Information in a Public Filing – Misrepresenting information in securities disclosures and other public filings is a clear form of fraud as well. While harmed investors can file lawsuits, whistleblowers can also work with the government to establish accountability.
• “Phantom Billing” the Government – “Phantom billing” involves billing the government for services not actually provided or goods not actually delivered. It is a pervasive form of fraud under defense and other federal government contracts.
• Overbilling the Government – Overbilling the government is a pervasive form of fraud under all types of federal government contracts as well. In many cases, companies get away with overbilling the government for years.
• Retaining Overpayments – Along with using fraudulent tactics to obtain federal funds, retaining federal overpayments—whether procured through fraud or otherwise—is itself a form of fraud that can warrant a whistleblower complaint.
• Substituting Materials or Services – Substituting inferior materials, providing services that do not meet federal requirements, and improperly relying on subcontractors are all serious (and common) forms of federal contract fraud.
• Upcoding, Unbundling, and Other Billing Violations – Upcoding, unbundling, and other billing violations are pervasive issues as well, particularly in the healthcare sector. If you have evidence of any form of billing fraud, you may be eligible to file a whistleblower complaint and receive a financial reward for your efforts.

Again, these are just examples. If you believe that you have information about any form of fraud impacting any federal contract, grant, or program, our whistleblower lawyers can help you make informed decisions about your next steps. It costs nothing to find out if you are eligible to serve as a federal whistleblower; and, if you are, our legal fees (if any) will be based on the whistleblower reward we help you recover if your case is successful.

Whistleblower Protection Laws and Whistleblower Reward Laws in the U.S.

The forms of government fraud listed above—among many others—are outlawed under a long list of federal statutes. At Oberheiden P.C., we help citizen journalists report fraud under all pertinent federal statutes, including:

• Anti-Money Laundering Act (AMLA)
• Bank Secrecy Act (BSA)
• Commodity Exchange Act (CEA)
• Dodd-Frank Act (Dodd-Frank)
• False Claims Act (FCA)
• Food, Drug, and Cosmetic Act (FDCA)
• Foreign Corrupt Practices Act (FCPA)
• Internal Revenue Code (IRC)
• Lacey Act
• Occupational Safety and Health Act (OSHA)
• Sarbanes-Oxley Act (SOX)
• Whistleblower Protection Act (WPA)

Each of these laws applies in different circumstances; and, while some include provisions for whistleblower rewards, others do not. Our lawyers are intimately familiar with the statutory requirements for seeking financial compensation as a federal whistleblower; and, if you become eligible to claim a financial reward, our lawyers can navigate the whistleblower award process on your behalf.

Whistleblower Award Eligibility and Award Amount

If you qualify to serve as a federal whistleblower, your award eligibility will be determined based on whether the information you disclose leads to a successful enforcement action (i.e., the recovery of taxpayer funds and/or the imposition of monetary sanctions). If you become eligible to receive an award, your award percentage will be based on the specific circumstances of your case. This includes:

• The materiality of the information you provide in your whistleblower complaint;
• The amount of additional assistance you provide during the government’s investigation (either directly or through your lawyer); and,
• The importance of the case and the amount the government recovers.

When you contact the federal government, securing protected whistleblower status is not guaranteed. Likewise, there is no guarantee that you will receive an award—even if your case is successful. These factors, among many others, make it important to have an experienced whistleblower lawyer on your side. If you are thinking about serving as a federal whistleblower, our lawyers can explain everything you need to know.

About the Federal Whistleblower Lawyers at Oberheiden P.C.

We have extensive experience representing whistleblowers at all stages of the whistleblowing process—from deciding whether to come forward to collecting whistleblower rewards. Our team includes lawyers who have devoted their entire careers to representing whistleblowers and other private clients as well as lawyers who previously handled whistleblower cases at the U.S. Department of Justice.

When you have information that the federal government could use to pursue civil or criminal liability, your choice of legal representation matters. At Oberheiden P.C., we do not pressure prospective whistleblowers to come forward. If you come to us as a citizen journalist, we will help you make sound and strategic decisions focused on what is best for you. If you decide to serve as a whistleblower, we will work diligently with the federal government on your behalf. If you decide not to serve as a whistleblower for any reason, we will remain available to provide legal representation as needed.

FAQs: Blowing the Whistle as a Citizen Journalist

Speak with a Federal Whistleblower Lawyer at Oberheiden P.C. Today

If you would like to speak with a federal whistleblower lawyer about your next steps, we invite you to get in touch. Our senior lawyers are available to speak with prospective whistleblowers 24/7. To arrange a free and confidential consultation as soon as possible, please call 888-680-1745 or tell us how we can reach you online now.