EPA Whistleblower Reward

Our Attorneys Provide Insight Into the Availability of EPA Whistleblower Rewards

While the U.S. Environmental Protection Agency (EPA) accepts whistleblower complaints, it does not have a whistleblower reward program. As a result, EPA whistleblower rewards are not currently available. However, whistleblowers who have information of interest to the EPA may be able to come forward through other means as well—and, by doing so, they may be able to establish reward eligibility.

At Oberheiden P.C., we assist whistleblowers with coming forward under all federal whistleblower programs. This includes not only agency-specific whistleblower programs (such as the EPA whistleblower program), but the False Claims Act whistleblower program as well. The False Claims Act is a powerful statute that allows whistleblowers to report all forms of fraud, waste, and abuse under government contracts, grants and programs, and it rewards whistleblowers who assist the government with pursuing successful enforcement actions.

Whistleblower Rewards for Reporting EPA Fraud Under the False Claims Act

In most cases, seeking a whistleblower reward involves filing a complaint under the False Claims Act. The False Claims Act prohibits the submission of a “false” or “fraudulent” claim for payment by federal agencies, including the EPA, and imposes significant penalties on those found liable. It also includes provisions for whistleblower compensation when private citizens help the government recover taxpayer dollars. This means that EPA whistleblowers may be eligible to seek rewards in cases involving:

• Underpayment of royalties for extraction of oil, gas, and other natural resources
• Procurement fraud during the EPA contracting process
• Fraud under active EPA contracts (i.e., overbilling or billing for services not provided)
• Fraud under EPA grants (i.e., falsely certifying compliance with grant requirements)
• Fraud under EPA programs (i.e., submitting false remediation reports in connection with Superfund cleanup projects)

Importantly, filing a whistleblower complaint under the False Claims Act does not involve contacting the EPA directly—even when the EPA is directly involved in the matter at hand. Instead, to seek a reward under the False Claims Act, whistleblowers must file a qui tam complaint in federal district court. The U.S. Department of Justice (DOJ) handles all cases filed under the False Claims Act; and, in many cases, it will make sense to contact the DOJ before filing a qui tam complaint to ensure reward eligibility.

With a team that includes several former DOJ prosecutors, we are well-versed in the filing procedures involved in False Claims Act cases—including what it takes to establish eligibility for a whistleblower reward. We can independently assess your eligibility for a reward based on the information in your possession, and then we can file your qui tam complaint under the False Claims Act if warranted. Whistleblower rewards under the False Claims Act can range from 10% to 30% of the funds recovered, and we can also assist with helping you seek the maximum award under the circumstances at hand.

A key aspect of whistleblower eligibility under the False Claims Act is the “first to file” rule. Generally, whistleblower rewards are only paid to those individuals who assist the federal government with launching a successful investigation. With this in mind, if you have information about fraud committed against the EPA or under an EPA-administered program, we strongly encourage you to speak with one of our senior attorneys in confidence as soon as possible.

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)

Whistleblower Rewards for Reporting Other Types of Federal Violations

Along with reporting fraud under the False Claims Act, whistleblowers can obtain rewards when they report violations of certain other statutory and regulatory provisions as well. Some examples of other options for seeking whistleblower rewards in cases involving environmental violations that may be of interest to the EPA include:

Securities Violations

The U.S. Securities and Exchange Commission (SEC) administers a whistleblower program focused on uncovering statutory and regulatory violations that cause harm to investors. These include any violation related to companies’ environmental claims and disclosures. The SEC regularly issues rewards under its whistleblower program, and it has recently issued some of the largest whistleblower rewards in our nation’s history.

Tax Violations

The Internal Revenue Service (IRS) also administers a whistleblower program that pays compensation for individuals who assist with initiating successful enforcement actions. In many cases, companies that commit fraud under EPA contracts, grants, and programs will violate tax rules and other federal laws as well. The IRS and its Criminal Investigation division (IRS CI) investigate a broad range of federal offenses, and they work with whistleblowers in a broad range of scenarios.

Other Forms of Corporate Fraud

Along with handling qui tam cases under the False Claims Act, the DOJ also accepts whistleblower complaints involving various forms of corporate fraud. In 2024, the DOJ launched a Corporate Whistleblower Awards Pilot Program—and, under this program, “a whistleblower who provides the [DOJ’s] Criminal Division with original and truthful information about corporate misconduct that results in a successful forfeiture may be eligible for an award.”

5 Tips for Potential EPA Whistleblowers Interested in Seeking a Financial Reward

With all of this in mind, what do you need to know (and what do you need to do) if you are interested in seeking a financial reward? Here are five tips for potential EPA whistleblowers:

• Protect the Information You Have in Your Possession – First and foremost, you should protect the information you have in your possession. Keep it in a safe place until you have the opportunity to speak with an attorney about your next steps. 
• Take Action Promptly – Speaking of your next steps, it will be important for you to take action promptly. As discussed above, the “first to file” rule limits eligibility for whistleblower rewards. 
• Don’t Contact the EPA (At Least Not Yet) – If you are interested in seeking a whistleblower reward, you should not contact the EPA—at least not yet. Since there is no EPA whistleblower reward program, seeking a reward will involve filing a complaint through other means. 
• Work Closely with Your Attorney to Make Informed Decisions – Coming forward is important; and, if you are eligible to seek a whistleblower reward, there are specific steps you need to take to protect your eligibility. This makes it important to work closely with an attorney who can help you make informed decisions about how and when to blow the whistle. 
• Be Prepared to Continue Working Closely with Your Attorney if You Decide to Seek a Reward – If you decide to come forward and seek a whistleblower reward, you will need to be prepared to continue working closely with your attorney throughout the process. Generally, the more you do to assist with the government’s enforcement action, the larger your reward will be (if the government’s enforcement action is successful). 

FAQs: EPA Whistleblower Rewards, Qui Tam Complaints, and More