FCPA Whistleblower Reward

Companies and individuals who bribe foreign officials to advance their business interests could face prosecution under the Foreign Corrupt Practices Act (FCPA). The intent of this law is to not only protect honest and ethical companies, but to ensure public confidence in the free market system. Both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) work hard to meet these objectives through FCPA enforcement.

However, they can’t do their jobs alone. The scale of foreign bribery is massive and global, which means numerous individuals may have evidence demonstrating that a company or individual has violated the FCPA. To that end, the government rewards FCPA whistleblowers report violations and who provide valuable evidence that leads to the recovery of civil or criminal penalties. Working with an FCPA whistleblower lawyer can help maximize the amount of the reward. Count on the FCPA whistleblower attorneys at Oberheiden P.C. to assist with your claim.

Do You Have Evidence of an FCPA Violation?

Before you can request a whistleblower reward, you have to be able to provide compelling evidence that a company or individual has violated the FCPA. It is therefore critical to understand which activities run afoul of this law. The law covers the following persons and entities:

• U.S. citizens
• U.S. and foreign publicly traded companies (meaning, they are listed on stock exchanges) or that are required to file reports with the SEC
• Certain foreign individuals and businesses acting while in the U.S. or U.S. territory

Some examples of FCPA violations are:

• Deliberately mischaracterizing bribes as routine business expenditures
• Falsifying records to cover up bribery payments
• Excessive billing with the intent that a portion of the amount to be paid will be a bribe
• Making inappropriate hiring decisions like selecting candidates based only on referrals from client executives and government officials

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)

Can You Claim an FCPA Whistleblower Reward?

If you have original information that demonstrates an FCPA violation, you may be able to claim a portion of the money that is recovered by the government as a reward. There are several critical parts to this process that need to be explained.

First, the information must be original. As a general rule this means that only the whistleblower provides the evidence. If the SEC or DOJ already knows about the information in question, it is almost certainly not “original.” Nor is it likely to be original if the media or another whistleblower reports it. This means it is critical to speak with a whistleblower attorney to ensure that you are the first to report the information.

Second, the information you provide must lead to or enhance an enforcement action. Your evidence can open the door to a brand new investigation into bribery and corruption of foreign officials. Or it may significantly assist an ongoing investigation, for instance by providing new leads or helping the government uncover additional evidence. The stronger, more compelling, and more useful the information, the more likely you can successfully request a reward.

Third, the government must be able to use the information to recover monetary sanctions in excess of $1 million. This will likely take time, especially considering the international nature of foreign bribery. Working across borders and with foreign governments can be a laborious and time-intensive process, but it could pay off if the government recovers over $1 million in penalties from the offending party.

A whistleblower may receive an award of between 10% and 30% of whatever the government is able to collect in sanctions. The total amount may include money recovered in related actions, for instance where a company pays penalties to both the SEC and DOJ. This translates to potentially significant sums of money, for which the whistleblower can claim the 10% to 30%. Determining the exact percentage is where having a whistleblower attorney will prove essential.

How Your Attorney Can Help Maximize Your Whistleblower Reward

A whistleblower attorney can protect your privacy while working with the government to reveal what you know. Negotiating your reward is a complicated step, especially because of the international nature of FCPA investigations. Delays and bureaucratic hurdles are to be expected, but your attorney will persist in pressing for movement in the investigation. During your lawyer’s representation, you will have an advocate who will work hard to prove how vital your information is to the government’s work.

Therein lies the potential for a larger award. Your attorney’s job is to demonstrate to the government’s satisfaction that you are a credible whistleblower, that you are ready and willing to cooperate as much as possible, and that your information is essential to enforcing the FCPA. You and your attorney might be able to explain complex, key pieces of evidence or draw connections between certain documents and illegal bribery operations. This level of assistance makes your information even more valuable and improves your chances of a higher reward percentage.

Our legal team also helps you take advantage of rules which prohibit retaliation against you because of your status as a whistleblower, which is especially important to employees who expose their employers’ wrongdoing. The most likely scenario is that your employer will not find out that you were the one who reported the bribery. If, however, your employer does learn of your identity, the company may not take adverse employment action against you because you blew the whistle. In the event your employer does retaliate, we can help you seek legal damages and other judicial relief.

Contact Our Experienced FCPA Whistleblower Reward Attorney

Do you have evidence that a person or company is bribing foreign officials? Are you ready to not only put an end to this activity but try to claim a reward for doing so? It’s time to give Oberheiden P.C. a call. We can walk you through the whistleblower process and serve as a trusted advocate for your rights and interests. Call us today – or fill out our online contact form – to get started.