How Much Information Do You Need to Serve as a Federal Whistleblower?

How Much Information Do You Need to Blow the Whistle? Our Federal Whistleblower Lawyers Explain

Whistleblowers play a critical role in the federal government’s ongoing fight against fraud, waste of federal funds, abuse, and other forms of wrongdoing that creates a substantial and specific danger to the public. As a result, if you think you may have information that the government can use to pursue an enforcement action, it is important that you speak with a lawyer about coming forward.

But, how much information do you need to serve as a federal whistleblower?

As we discuss below, this question does not have a straightforward answer. While there are specific requirements for serving as a federal whistleblower (which we also discuss below), there is no specific “amount of information” requirement under any federal whistleblower statute or regulation. This means that to determine if you are eligible to serve as a federal whistleblower, you will need to work with an experienced federal whistleblower lawyer who can determine if you have enough information to come forward based on the specific circumstances at hand.

No Specific Amount of Information is Required

To serve as a federal whistleblower, you are not required to supply any specific minimum amount of information to the federal government. Rather, under the False Claims Act (FCA), Whistleblower Protection Act (WPA), Military Whistleblower Protection Act, and other federal whistleblower statutes and regulations, the key question is this: Does the information in your possession warrant a federal investigation?

Of course, answering this question is not easy—and, as a civilian, personal services contractor, or public-sector employee without a federal legal background, the simple reality is that you have no practical way of answering this question on your own. As a result, you will need to speak with a lawyer, and you will want to choose a lawyer who has specific experience representing federal whistleblowers—like personal services contractors—and ideally who has prior experience overseeing federal law enforcement investigations as well.

With this in mind, if you think you might have enough information to serve as a federal whistleblower, your next step should be to consult with a lawyer who can help you make an informed decision. At Oberheiden P.C., we represent whistleblowers (and prospective whistleblowers) at no out-of-pocket cost, and our team includes several former prosecutors with the U.S. Department of Justice (DOJ). We will help you make an informed decision for free (while maintaining strict confidentiality), and we can assist you with coming forward if warranted.

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)

The Requirements for Serving as a Federal Whistleblower

While you are not required to have a specific amount of information to serve as a federal whistleblower, there are other requirements that you need to meet. While the specific requirements vary between federal whistleblower programs, pertinent requirements generally include:

1. Disclosing Adequate Information

As we mentioned above, while you are not required to disclose any specific amount of information, you need to disclose enough information that the government can determine whether it is worth devoting taxpayer resources to conducting a targeted probe. Our lawyers can help you determine whether the information you have in your possession meets this threshold.

2. Coming Forward Voluntarily

To serve as a federal whistleblower (and receive protected whistleblower status), you must come forward voluntarily to a federal employee responsible for federal contract or grant oversight or other law enforcement agency. This means that your decision must not be spurred by your own risk of facing federal enforcement action (though there are exceptions in some cases).

3. Making a Protected Disclosure Through the Appropriate Channels

Several federal agencies have whistleblower programs for protected disclosures, and various offices and agencies accept whistleblower complaints from federal employees under the Whistleblower Protection Enhancement Act. You must ensure that you submit your whistleblower complaint through the appropriate channels.

4. Being the First to Come Forward (in Most Cases)

In most cases, whistleblower status is only afforded to the first individual (or group of individuals) to come forward. If the federal government is already investigating the matter at issue, you may not be eligible to serve as a whistleblower.

5. Being Prepared to Assist with the Government’s Investigation

If you decide to serve as a whistleblower, you should be prepared to assist with the government’s investigation. When you choose Oberheiden P.C. to represent you, our attorneys can work with the government on your behalf while also helping to preserve your confidentiality or anonymity.

Important Considerations for Protecting and Disclosing the Information in Your Possession

Along with these requirements, if you are thinking about blowing the whistle, there are some other important considerations you will want to keep in mind as well. These include (but are not limited to):

Preserve the Information in Its Original Form – You should preserve all information in its original form. If you have interpreted, analyzed, or digested the information, you should preserve your analysis in addition to, and not instead of, the original data.
Do Not Selectively Choose Information to Disclose – When serving as a federal whistleblower, you generally cannot selectively choose information to disclose. If you have concerns about disclosing specific pieces of information, this is something that you will want to discuss with your lawyer before deciding whether (and how) to move forward.
Be Careful About Copying or Removing Additional Data from Your Employer’s Facilities or IT Systems – At this stage, you will want to be careful about obtaining any additional information or data from your employer’s facilities or IT systems. If you suspect (or know) that additional information is available, or if you think you may need additional information to qualify as a federal whistleblower, we strongly recommend consulting with one of our lawyers before you collect any additional data.
Think About How You Can Assist Government Personnel with Interpreting the Data (if Necessary) – If the data you have in your possession does not clearly illustrate why you are coming forward, you should think about how you can assist the government with interpreting the data. Again, however, if you do any interpretation, you should be sure to keep the original data as well.
Work with a Federal Whistleblower Lawyer to Prepare Your Protected Disclosure – Once you commit to coming forward, you will want to work with a federal whistleblower lawyer to prepare your protected disclosure. This will help ensure that you meet all pertinent requirements and secure all of the protections that are available to you.

FAQs: Deciding Whether to Serve as a Federal Whistleblower

What Type of Information Do I Need to Serve as a Federal Whistleblower?

Whistleblowers can submit many different types of information to the federal government. Federal whistleblower statutes allow (and encourage) private citizens and public-sector employees to come forward with information about all forms of waste, fraud, and abuse. The U.S. Department of Justice (DOJ) and other federal agencies accept whistleblower complaints regarding health and safety violations and other statutory violations as well. If you have any type of information that you believe it would be beneficial for the federal government to know, we encourage you to speak with one of our attorneys.

How Do I Know If I Have Enough Information to Serve as a Federal Whistleblower?

To determine whether you have enough information to serve as a federal whistleblower, you will need to consult with a lawyer who has relevant experience. While there aren’t any specific standards regarding the volume of information disclosed, you must be able to provide sufficient evidence to demonstrate that a federal investigation is warranted.

When Can (and Should) I Talk to a Federal Whistleblower Attorney?

We recommend that you talk to a federal whistleblower attorney as soon as you begin thinking about filing a whistleblower complaint. Our attorneys can help you make an informed decision about whether to come forward; and, regardless of whether you decide to come forward, we will not charge you any out-of-pocket fees or costs.

What if the Federal Government Rejects My Whistleblower Complaint?

If the federal government rejects your whistleblower complaint, you will not be eligible for the protections afforded to whistleblowers under federal law—and your employer may be permitted to take adverse employment action against you. This is one reason, among many others, why it is important to speak with an experienced federal whistleblower lawyer before coming forward.

How Much Information Do I Need to Be Eligible for a Whistleblower Reward?

If you qualify as a whistleblower under a federal statute that awards financial compensation to whistleblowers, you are eligible to receive a reward regardless of how much information you disclose. However, the amount of your reward will be based, in part, on how much information and assistance you provide. If you have more questions about seeking a whistleblower reward, our attorneys can explain everything you need to know.