FinCEN Whistleblower Lawyers

Experienced Legal Counsel for FinCEN Whistleblowers

The Financial Crimes Enforcement Network (FinCEN) plays a critical role in the federal government’s fight against violations of anti-money laundering laws, sanctions evasion, corruption, and other financial crimes. It is part of the U.S. Treasury Department, and it works alongside other U.S. Treasury components—including the Office of Foreign Assets Control (OFAC), which enforces the International Emergency Economic Powers Act, and Internal Revenue Service (IRS)—to uncover and prosecute violations of the Bank Secrecy Act (BSA), anti-money laundering (AML) regulations, and other federal laws and regulations.

But, FinCEN cannot do this important work on its own. Instead, it relies heavily on whistleblowers to come forward when enforcement action is warranted.

At Oberheiden P.C., we represent whistleblowers nationwide and assist international whistleblowers with coming forward under U.S. law. This includes current and former corporate employees, bank personnel, and other individuals. If you have information about Bank Secrecy Act violations, AML violations, OFAC sanctions breaches, or any other type of misconduct involving a financial institution or the U.S. financial markets, we can protect your identity while helping you make informed decisions about your next steps.

When Can (and Should) You Serve as a FinCEN Whistleblower?

When can (and should) you consider serving as a FinCEN whistleblower? The Financial Crimes Enforcement Network accepts whistleblower complaints involving an extremely wide range of statutory and regulatory violations—all of which are financial in nature. Notably, contacting FinCEN can also be a good first step toward reporting OFAC sanctions violations or pursuing a qui tam complaint under the False Claims Act in coordination with the U.S. Department of Justice (DOJ).

With this in mind, some examples of issues that whistleblowers can report to FinCEN include:

• Anti-money laundering (AML) violations
• Offshore account disclosure violations under the Bank Secrecy Act 
• Failure to properly prepare, record, or file transaction reports 
• Failure to properly prepare, record, or file suspicious activity reports (SARs)
• Misrepresentations to financial institutions 
• Misrepresentations to FinCEN and other federal authorities 
• OFAC sanctions evasion and other sanction violations 
• Financing of terrorist activities and organizations 
• Public corruption and bribery (both domestic and foreign)
• Other civil and criminal violations involving financial transactions or U.S. financial markets

This list is by no means exhaustive. FinCEN handles an extremely wide range of enforcement matters, including issues involving terrorist financing, tax fraud, money laundering, and sanctions evasion; and, in addition to working alongside OFAC and the DOJ, it coordinates enforcement actions with the U.S. Securities and Exchange Commission (SEC), U.S. Commodity Futures Trading Commission (CFTC), and other federal agencies as well. If you have any information that you believe FinCEN may want to know, our whistleblower lawyers can assist you with deciding whether to come forward and report violations.

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)

Qualifying as a FinCEN Whistleblower (and Establishing Eligibility for a FinCEN Whistleblower Reward)

Importantly, if you decide to come forward, there are specific steps you will need to take to qualify as a FinCEN whistleblower. There are also specific requirements for establishing eligibility for a FinCEN whistleblower reward. Some of the key requirements for securing protected whistleblower status and establishing your eligibility for a financial reward include:

• Providing FinCEN with original information obtained through first-hand knowledge or independent analysis. 
• Providing your information to FinCEN in accordance with its whistleblower tip submission procedures. 
• Being the first person to come forward with the information that you have in your possession, though exceptions apply in certain circumstances. 
• Either disclosing your identity to FinCEN or hiring a whistleblower lawyer to submit your tip anonymously (though whistleblowers who remain anonymous may not be eligible to claim financial rewards). 
• Assisting with the pursuit of an enforcement action that results in the recovery of at least $1 million (for whistleblower reward eligibility only). 

These, too, are just examples. If you are eligible to receive a whistleblower reward from FinCEN, the amount of information you provide and the level of assistance you provide during the government’s investigation will be key factors in determining the size of your reward. Generally, FinCEN rewards range from 10% to 30% of the monetary sanctions collected by the government, with the largest rewards reserved for cases where the whistleblower’s information provides significant assistance with the government’s enforcement efforts.

How a FinCEN Whistleblower Lawyer at Oberheiden P.C. Can Help

While not legally required, hiring a lawyer to assist you with submitting a whistleblower tip to FinCEN is strongly recommended. At Oberheiden P.C., our deep experience with whistleblower law shapes the many ways we assist our whistleblower clients, including:

• Deciding Whether to Come Forward – Serving as a FinCEN whistleblower is a big deal, and it is important to make sure you are prepared for what will come next if you decide to come forward. Our attorneys can explain everything you need to know and help you make an informed decision. 
• Establishing Protected Whistleblower Status – If you decide to come forward, we will assist you with establishing protected whistleblower status. We will submit your tip to FinCEN on your behalf, and we will work with the government’s lawyers to help ensure you receive the full protections that are available—including protection against retaliation should your employer discern your identity. 
• Coordinating with the Government During Its Investigation – To the extent that you authorize us to do so, we will coordinate with the government during its investigation. We will serve as your liaisons with FinCEN and any other federal agencies involved; and, if desired, we will assist with maximizing your potential FinCEN whistleblower reward eligibility. 
• Maintaining Strict Confidentiality – As a FinCEN whistleblower, you are entitled to strict confidentiality (and anonymity if you so choose). Our attorneys will assist with ensuring that your identity remains undisclosed to the fullest extent possible. 
• Seeking a FinCEN Whistleblower Reward – If your whistleblower case culminates with a successful enforcement action, our lawyers will assist with securing your FinCEN whistleblower reward. We will provide documentation of your assistance, and we will work to secure a reward for your efforts during the process of pursuing your whistleblower claim. 

We represent federal whistleblowers at no out-of-pocket cost. This means that you will not have to pay any legal fees or costs during our engagement. If our attorneys assist you with securing a whistleblower reward, our fees and costs will be paid out of the funds that you helped the government recover.

FAQs: Reporting BSA, AML, and Other Violations to FinCEN