Who Can Serve as a FinCEN Whistleblower?
Learn About Who Can Serve as a FinCEN Whistleblower
Whistleblower Team Lead
Former DOJ Attorney
Whistleblower Team Lead
Whistleblower Team
Former U.S. Attorney and District Attorney
The Financial Crimes Enforcement Network (FinCEN) shares responsibility with several other federal authorities for enforcing anti-money laundering (AML) and Bank Secrecy Act (BSA) compliance. It maintains an active whistleblower program, and whistleblowers who help FinCEN pursue successful enforcement actions involving the recovery of $1 million may be eligible to claim monetary awards.
Along with enforcing AML/BSA compliance, FinCEN enforces compliance with various other federal laws and regulations as well. If you have information about any violation falling within FinCEN’s enforcement jurisdiction, you may be eligible to serve as a FinCEN whistleblower. Our attorneys represent FinCEN whistleblowers worldwide, and we have extensive experience helping whistleblowers expose a wide range of statutory and regulatory violations.
Individuals Who May Be Eligible to Serve as FinCEN Whistleblowers
So, who can serve as a FinCEN whistleblower? Fundamentally, anyone who has information about a statutory or regulatory violation obtained through first-hand knowledge or independent analysis may be eligible to come forward under FinCEN’s AML whistleblower program. Typically, however, FinCEN whistleblowers are current and former employees of:
- Banks and other financial institutions
- Public and private corporations
- Other entities that are subject to AML/BSA compliance
If you believe that you have information about a violation of the federal Anti-Money Laundering Act (AMLA), Bank Secrecy Act (BSA), or any other federal AML laws or regulations, we encourage you to get in touch. Our whistleblower lawyers can help you make an informed decision about whether to come forward; and, if you decide to come forward, our lawyers can work with FinCEN on your behalf.
Examples of Violations FinCEN May Consider in Whistleblower Cases
FinCEN accepts whistleblower complaints involving a wide range of compliance violations. While this primarily includes violations of the BSA and other federal anti-money laundering laws, FinCEN handles select other enforcement cases as well.
With that said, FinCEN is selective in the cases it chooses to pursue; and, in some cases, whistleblowers may be better off contacting the U.S. Department of Justice (DOJ), U.S. Securities and Exchange Commission (SEC), Office of Foreign Assets Control (OFAC), or other federal regulators instead. Our lawyers are available to help prospective whistleblowers make informed decisions about reporting violations including:
Anti-Money Laundering (AML) Compliance Violations
Banks, money services businesses, and other institutions involved in the U.S. financial system have extensive anti-money laundering (AML) compliance obligations. Significant violations of any of these obligations can potentially warrant filing a whistleblower complaint with FinCEN. This includes, but is not limited to, significant violations such as:
- Failure to file currency transaction reports (CTRs) for cash transactions over $10,000
- Failure to file suspicious activity reports (SARs)
- Failure to comply with federal sanctions regulations
- Recordkeeping violations
- Terrorist financing, sanctions evasion, and other financial crimes
- Failure to maintain effective AML programs
- Failure to maintain effective overall compliance programs
These are just examples. FinCEN prioritizes enforcement matters involving AML violations, and these violations can expose financial institutions to civil monetary penalties (CMP) or criminal penalties depending on the circumstances involved. In both civil and criminal cases, whistleblowers can become eligible to receive monetary awards.
Bank Secrecy Act (BSA) Violations
FinCEN also accepts whistleblower complaints involving violations of the Bank Secrecy Act (BSA) and its implementing regulations. Financial institutions and other businesses are expected to maintain strict compliance with the BSA, and FinCEN whistleblowers can report possible violations ranging from financial institution noncompliance to failure to disclose U.S. taxpayers’ foreign bank accounts. Our lawyers represent both domestic and international whistleblowers in BSA enforcement cases.
International Emergency Economic Powers Act (IEEPA) Violations
The International Emergency Economic Powers Act (IEEPA) also imposes stringent—and extensive—compliance obligations for covered entities. Entities that engage in financial transactions that violate IEEPA can face civil or criminal enforcement, and FinCEN often investigates these cases alongside the DOJ and other government agencies. If you have independent knowledge of an IEEPA violation, our whistleblower lawyers can work with FinCEN and/or other appropriate federal authorities on your behalf.
OFAC Sanctions Violations
FinCEN also plays a role in enforcing federal sanctions that prohibit or restrict parties’ participation in financial transactions in the United States (i.e., OFAC sanctions). Eligible whistleblowers can report violations involving sanctioned entities—including violations by U.S. banks and other domestic parties. Similar to other FinCEN whistleblower cases, whistleblowers who expose OFAC sanctions violations may be entitled to a percentage of the monetary sanctions collected if their complaint leads to a successful civil or criminal enforcement action.
Trading with the Enemy Act (TWEA) Violations and Other Statutory Violations
Along with the statutes discussed above, FinCEN also investigates select cases involving violations of the Trading with the Enemy Act (TWEA) and the myriad other federal statutes that play a role in regulating the U.S. financial system. Here too, our whistleblower lawyers can assess whether contacting FinCEN is the best approach; and, regardless of the best approach, we can work with the appropriate federal authorities on your behalf once you commit to blowing the whistle.
Requirements for Coming Forward Under FinCEN’s AML Whistleblower Program
To qualify as a FinCEN whistleblower, you must strictly comply with the requirements for coming forward under FinCEN’s AML whistleblower program. These requirements include, but are not limited to:
- Disclosing “original information” (information not previously known to FinCEN or other federal authorities);
- Disclosing information that you have obtained through first-hand access or independent analysis; and,
- Filing your whistleblower complaint in strict compliance with FinCEN’s whistleblower procedures.
Under FinCEN’s AML whistleblower program, you must also disclose a violation that leads to the recovery of at least $1 million in order to be eligible for a whistleblower award. FinCEN introduced regulations to finalize its ability to issue awards in early 2026. If you are otherwise eligible to serve as a FinCEN whistleblower, our lawyers can assess the potential value of your case to the federal government.
Our Attorneys Represent FinCEN and OFAC Whistleblowers Worldwide
Oberheiden P.S. is an international whistleblower law firm. Our lawyers serve as legal counsel to FinCEN and OFAC whistleblowers worldwide. If you have questions about coming forward under FinCEN’s anti-money laundering (AML) whistleblower program, our lawyers can explain everything you need to know, and we can work with FinCEN on your behalf during the investigation process if you decide to serve as a whistleblower.
Under federal law, all whistleblowers are entitled to strict confidentiality. We vigorously protect our clients’ identities as well, and we handle all federal whistleblower cases at no out-of-pocket cost to our clients. If you become eligible to receive a whistleblower reward from the federal government, our legal fees will be calculated as a percentage of your award. We will discuss this with you in more detail during your free initial consultation.
FAQs: Serving as a FinCEN Whistleblower
What is the Financial Crimes Enforcement Network (FinCEN)?
The Financial Crimes Enforcement Network (FinCEN) is a bureau within the U.S. Treasury Department. Specifically, it is the bureau within the Treasury responsible for enforcing AML/BSA compliance. FinCEN works with financial institution employees and other individuals under the whistleblower provisions of the Anti-Money Laundering Act (AMLA), Bank Secrecy Act (BSA) and other federal statutes, and it is prepared to compensate whistleblowers who help it recover $1 million or more in fines, restitution, other civil remedies, and/or criminal penalties.
How Do I File a FinCEN Whistleblower Complaint Against a Financial Institution?
FinCEN has established specific procedures for filing complaints against financial institutions under its whistleblower program. It is critical for prospective whistleblowers to follow these procedures—as failing to do so can result in failure to secure protected whistleblower status. Our lawyers assist whistleblowers around the world with reporting AML/BSA violations, violations of sanctions laws, and other violations under FinCEN’s whistleblower program.
When Will FinCEN Pursue an Enforcement Action Based on a Whistleblower Complaint?
FinCEN takes various factors into consideration when deciding whether to pursue an enforcement action based on a whistleblower’s complaint. While there are no guarantees, our lawyers are familiar with these factors, and we can provide an opinion regarding whether FinCEN is likely to take action once we learn about the information you are prepared to disclose.
Are FinCEN Whistleblowers Eligible for Financial Rewards?
FinCEN whistleblowers become eligible for financial rewards when the information they provide leads to a successful enforcement action resulting in the recovery of $1 million or more. FinCEN whistleblowers may be eligible to receive between 10% and 30% of the amount recovered in excess of $1 million.
How Can I Determine if I Am Eligible to Serve as a FinCEN Whistleblower?
To determine if you are eligible to serve as a FinCEN whistleblower, you should consult with an experienced federal whistleblower attorney promptly. Our attorneys represent money laundering and sanctions whistleblowers throughout the U.S. and worldwide. We can help you make an informed decision about whether to blow the whistle; and, if you decide to blow the whistle, we can file your whistleblower complaint for you to help secure protected whistleblower status and maximize the chances that FinCEN will open an investigation.
Contact the FinCEN Whistleblower Attorneys at Oberheiden P.C.
If you would like to speak with one of our FinCEN whistleblower attorneys, we encourage you to contact us today. Call 888-680-1745 or contact us online to arrange a free and confidential consultation.
