DOJ Whistleblower Attorney (January Update)

Our Former U.S. Attorneys and Assistant U.S. Attorneys Represent DOJ Whistleblowers Nationwide

The U.S. Department of Justice (DOJ) is one of several federal agencies that have formal whistleblower programs. The DOJ encourages anyone with information about potential federal crimes (including false and fraudulent claims) to come forward, and it provides protections to those who meet its whistleblower disclosure requirements.

False and fraudulent claims submitted under federal contracts and programs cost the government (and taxpayers) billions of dollars every year. Unfortunately, many of these claims go unnoticed. Whistleblowers play an important role in preserving the integrity of the federal procurement system and federal programs, and the DOJ relies on whistleblowers to provide assistance with uncovering unlawful activities.

If you have information that you believe may be useful to the DOJ, a DOJ whistleblower attorney at Oberheiden P.C. can help you come forward. Our legal team includes several former U.S. Attorneys, Assistant U.S. Attorneys, and prosecutors at the Justice Department. As a result, we are intimately familiar with the DOJ’s whistleblower program, and we can guide you step-by-step through the process of making a protected disclosure.

The DOJ’s Whistleblower Programs

The DOJ currently has two whistleblower programs. Along with its longstanding whistleblower program established under the False Claims Act, the DOJ also launched a Whistleblower Pilot Program in 2024. We help individuals file complaints under both of these programs; and, if you are considering contacting the DOJ, we can help you determine the best path forward.

1. Qui Tam Complaints Under the False Claims Act

The DOJ handles qui tam complaints under the False Claims Act. If you have information about a federal contractor, grant recipient, or healthcare provider submitting false or fraudulent claims to the government, you can come forward by filing a qui tam complaint in federal district court. Once you file your complaint, the DOJ will investigate promptly (it initially has 60 days to do so, although it can request an extension when necessary); and, if it determines that law enforcement action is warranted, it will pursue your qui tam lawsuit directly. If the DOJ declines to intervene for any reason, you will have the option of continuing to pursue your lawsuit on behalf of the federal government.

In either scenario, you are entitled to confidentiality as a DOJ whistleblower, and you are also entitled to protection against retaliation by your employer. If the government recovers fraudulent payments as a result of your complaint, you may be entitled to a whistleblower award as well. Whistleblower awards under the False Claims Act are typically between 15 percent and 30 percent of the amount recovered, though there are exceptions in some cases.

2. Reporting Fraud Under the DOJ’s Whistleblower Pilot Program

In 2024, the DOJ announced the launch of a new Whistleblower Pilot Program. This new program allows whistleblowers to report forms of corporate fraud and wrongdoing that violate federal laws other than the False Claims Act. As the DOJ explains:

“The Whistleblower Pilot Program encourages early and voluntary self-disclosure of criminal conduct by individual participants in certain non-violent offenses. In exchange for self-disclosure and cooperation against others involved in the criminal conduct, the Office of the United States Attorney . . . will enter into a non-prosecution agreement where certain specified conditions are met, including . . . that the Government was not previously aware of the criminal conduct that is the subject of the disclosure.”

As a result, the DOJ’s Whistleblower Pilot Program is primarily intended to encourage reporting by individuals who are not only aware of corporate wrongdoing, but who may be implicated in the wrongdoing as well. As prosecution for fraud and other crimes can expose individuals to substantial penalties—including six-figure fines and federal incarceration—the opportunity to secure a non-prosecution agreement is a key benefit that should serve as a strong incentive for many people to come forward.

However, as securing a non-prosecution agreement is not guaranteed, individuals who have concerns about their personal exposure should consult with an experienced federal whistleblower lawyer before contacting the DOJ. Our lawyers can help you decide whether submitting a disclosure under the DOJ’s Whistleblower Pilot Program is your best option or you should consider other alternatives.

Who We Represent

We represent all individuals who are eligible to submit whistleblower claims to the U.S. Department of Justice. The Office of Inspector General (OIG) oversees the DOJ’s whistleblower program, and it specifies the individuals who are eligible to receive whistleblower protection. These individuals include:

• U.S. Department of Justice employees
• Federal Bureau of Investigation (FBI) employees
• Employees of DOJ contractors and subcontractors
• Employees of DOJ grant recipients
• Employees of federal program participants (i.e., Medicare and Medicaid participants)

Regardless of your position in the public or private sector, if you qualify as a DOJ whistleblower, you are entitled to protection from retaliation in your employment. This means that your federal office, agency, or private-sector employer cannot terminate you, demote you, or reduce your pay because you chose to come forward. If the information that you have establishes a violation of the federal False Claims Act (FCA), you may be entitled to whistleblower compensation as well. A DOJ whistleblower lawyer at Oberheiden P.C. can explain everything you need to know and help you make informed decisions as you move forward.

Our Services for DOJ Whistleblowers

We provide comprehensive legal services for DOJ whistleblowers. From the moment you contact us, we will keep your information in strict confidence unless and until you decide to submit a protected disclosure to the DOJ. We will protect your identity to the fullest extent possible, and we will use our experience to work with the DOJ on your behalf while keeping you involved, updated, and informed throughout the process.

When you engage a whistleblower lawyer at Oberheiden P.C., your attorney will:

1. Work with You to Establish Your Status as a Whistleblower

Whether you work for the DOJ, FBI, a contractor or subcontractor, or a grantee, you must meet certain requirements in order to qualify as a whistleblower. If you do not take the necessary steps, you will not qualify as a DOJ whistleblower even if you come forward with information about fraud, waste, abuse, or other prosecutable misconduct. We can make sure you qualify before you come forward.

Your DOJ whistleblower attorney at Oberheiden P.C. will work with you to establish your status as a whistleblower. Among other things, this means: (i) ensuring that the information you are prepared to disclose is sufficient to warrant whistleblower status; and, (ii) ensuring that you make a timely disclosure. Some examples of the types of information that we help DOJ whistleblowers report include:

• Abuse of authority in an official position or related to a federal contract or grant
• Engaging in conduct that presents a substantial and specific risk to public safety or health
• Gross mismanagement of a federal contract or grant
• Gross waste of federal funds
• Violations of federal laws, rules, or regulations related to a federal contract, federal grant, or official duties

Importantly, to qualify as a whistleblower, you must be the first to come forward with the information you have in your possession. You must also do so before the DOJ launches an investigation independently. As a result, time may be of the essence, and we encourage you to contact us promptly to start the process.

2. Explain What You Can Expect as a DOJ Whistleblower

Before you submit a protected disclosure to the DOJ, it is important to make sure you have a clear understanding of what you can expect as a DOJ whistleblower. Your DOJ whistleblower lawyer at Oberheiden P.C. will explain what you can expect throughout the process so that you can ensure you are prepared to move forward. Our DOJ whistleblower clients usually have lots of questions, and your attorney will be more than happy to go over everything you want to know.

3. Prepare and Submit Your Protected Disclosure

Qualifying as a DOJ whistleblower is not a simple matter of sending information to the Justice Department. You must carefully prepare a protected disclosure that meets the DOJ’s requirements and clearly alleges a violation of the FCA or other federal law. You must also submit your protected disclosure through the proper federal channels. At Oberheiden P.C., we are intimately familiar with this process, and we can guide you forward step-by-step.

4. Communicate with the DOJ on Your Behalf

Once we submit your protected disclosure, we will continue to communicate with the DOJ on your behalf. Federal agents or attorneys may request additional information, and they may ask you to play an active role in the Justice Department’s investigation if they decide to take action based on the information you provide. As former DOJ attorneys and agents, we know what to expect, and we can handle this stage of the process for you.

5. Pursue Your Whistleblower Claim Without Intervention if Necessary

When you submit a protected disclosure to the DOJ, the DOJ has a duty to investigate, and then it must decide whether to pursue civil or criminal enforcement action. This is referred to as intervention. If the DOJ declines to intervene, you have the right to pursue a qui tam lawsuit on behalf of the federal government—and, if your lawsuit is successful, you are entitled to a larger whistleblower award (in terms of percentage) than you would have had the DOJ intervened.

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)

FAQs: Hiring a DOJ Whistleblower Attorney