FTC Whistleblower Attorneys

FTC Whistleblower Lawyers Representing Federal and Private-Sector Employees Nationwide

The Federal Trade Commission (FTC) is responsible for implementing and enforcing a wide range of federal laws and regulations, including those aimed at preventing corporate crimes and protecting the public. It is also responsible for complying with the federal laws and regulations that prohibit fraud, waste, and abuse. If you have information about fraud, waste, or abuse committed either against or within the FTC, you may be eligible to come forward as a protected FTC whistleblower.

At Oberheiden P.C., we represent federal and private-sector employees (and former employees) who need to blow the whistle on fraud, waste, abuse, and consumer protection violations. Our whistleblower lawyers have extensive experience—including prior experience handling whistleblower cases at the U.S. Department of Justice (DOJ). We can help you make an informed decision about whether to contact the FTC’s Office of Inspector General (OIG), file a whistleblower complaint in federal court, or take other action; and, if you decide to come forward, we can represent you throughout the whistleblower process.

Serving as an FTC Whistleblower

While all individuals need to take the same basic steps to determine whether to serve as an FTC whistleblower, the process of serving as a whistleblower is different for federal and private-sector employees. If you are thinking about coming forward, our attorneys can explain everything you need to know based on your employer (or former employer).

With this in mind, here is a brief introduction to what you need to know:

Blowing the Whistle as an FTC Employee (or Former FTC Employee)

Federal employees are eligible to come forward under the Whistleblower Protection Act (WPA). Specifically, the WPA provides that a disclosure to the FTC OIG (or another appropriate federal authority) qualifies as a “protected disclosure” if it involves:

• A violation of any federal law, rule, or regulation (including the Federal Trade Commission Act (FTC Act));
• Gross mismanagement;
• Gross waste of federal funds;
• An abuse of governmental authority; or,
• A substantial and specific danger to public health or safety.

When contemplating blowing the whistle, FTC employees and other federal personnel must be careful to observe all applicable confidentiality and classified access restrictions. Former federal employees must be careful when dealing with confidential or classified information as well. Again, a whistleblower lawyer at our firm can walk you through everything you need to know; and, if you are aware of information that you do not currently have in your possession, we can help you understand what you need to know about accessing federal data for purposes of serving as an FTC whistleblower.

Blowing the Whistle on FTC Fraud, Waste, or Abuse in the Private Sector

Employees and former employees of FTC contractors, FTC grant recipients, and other private-sector employers can serve as FTC whistleblowers as well. While the FTC has substantial enforcement resources at its disposal, it still relies heavily on employees and former employees in the private sector to report fraud, waste, and abuse. As the FTC explains:

“Employees of federal contractors, subcontractors, grantees, and subgrantees . . . are often in the best position to spot waste, fraud, and abuse related to federal contracts and grants. Recognizing the critical role these employees play in shedding light on waste, fraud, and abuse in federal contracts and grants, federal law protects these employees from retaliation for making protected disclosures.”

This protection exists under 41 U.S.C. Section 4712, which is intended to safeguard whistleblowers employed by the types of organizations listed above. Under Section 4712, covered employers are prohibited from retaliating against employees who blow the whistle; and, if they violate this prohibition, they can be held liable for “compensatory damages (including back pay), employment benefits, and other terms and conditions of employment that would apply to the [whistleblower],” plus the whistleblower’s legal fees and costs.

In some cases, private-sector employees (and former employees) who have information about fraud, waste, and abuse committed under FTC contracts and grants can also come forward under the False Claims Act. The False Claims Act includes similar whistleblower protections to Section 4712, and it also entitles FTC whistleblowers to financial rewards when they assist with successful enforcement actions.

Some examples of fraud, waste, abuse, and other unlawful violations that private sector employees (and former employees) may be able to report under Section 4712 or the False Claims Act include:

• Collection and debt relief scams
• Disaster relief scams
• Financial and investment fraud scams
• Telemarketing scams
• Insurance fraud
• Mortgage fraud
• Anticompetitive mergers and acquisitions
• Other anticompetitive business practices
• Consumer data privacy and security violations
• Violations of the FTC Act and its enabling regulations

Again, these are just examples. If you believe that you have information that could reveal illegal actions under an FTC contract or grant (or subcontract or subgrant), we strongly encourage you to speak with an FTC whistleblower lawyer at Oberheiden P.C, knowing that your action is part of the effort of whistleblowers keeping Americans safe. Your initial consultation is completely free and strictly confidential; and, if you decide to serve as an FTC whistleblower, we will provide legal representation at no out-of-pocket cost to you.

Filing a whistleblower complaint with the FTC OIG and filing a complaint in federal court under the False Claims Act are two very different means of reporting fraud, waste, and abuse. Additionally, while an FTC whistleblower compensation law has been proposed, individuals who submit whistleblower complaints to the FTC OIG currently are not eligible to receive compensation rewards. If you decide to serve as an FTC whistleblower, our lawyers can help you determine the best means of doing so and, again, we can guide you step-by-step through the process.

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)

Thinking About Blowing the Whistle? Time May Be of the Essence

While it is critical to make an informed decision about whether to serve as an FTC whistleblower, it is equally important that you act promptly, as delays can impact the protections available to whistleblowers coming forward. Time is of the essence in many cases. If you wait too long to file a complaint with the FTC OIG or under the False Claims Act, you could lose the opportunity to secure protected whistleblower status.

With this in mind, if you have questions about serving as an FTC whistleblower (whether as a current or former employee of the FTC or a private-sector employer) and how best to expose wrongdoing through the proper legal channels, we encourage you to schedule a confidential consultation at Oberheiden P.C. right away. Again, this costs you nothing, and our lawyers’ role at this stage of the process is to provide you with the information you need to make informed decisions about your next steps.

FAQs: Serving as an FTC Whistleblower