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Filing a Whistleblower Complaint as a Private Citizen

Learn Everything You Need to Know About Serving as a Federal Whistleblower

Lynette Byrd
Attorney Lynette Byrd
Whistleblower Team Lead
Former DOJ Attorney
Nick Oberheiden
Attorney Nick Oberheiden
Whistleblower Team Lead
Brian Kuester
Attorney Brian Kuester
Whistleblower Team
Former U.S. Attorney and District Attorney

Whistleblowers help the federal government take action against fraud and other forms of wrongdoing in both the private and public sectors. If you believe that you may have information that the federal government could use to pursue civil or criminal enforcement action, you should speak with a lawyer about coming forward. Our team of federal whistleblower lawyers—which includes former U.S. Department of Justice (DOJ) prosecutors—can help you make informed decisions and represent you if you decide to blow the whistle.

As a potential whistleblower, there is a lot you need to know. But, the most important thing you need to know is that coming forward is the right thing to do. Whether you have information and your want to report your current or former employer, another company, or wrongdoing within the federal government, blowing the whistle will not only help the government recover any taxpayer losses, but it will also help to prevent similar wrongdoing in the future.

5 Key Facts About Serving as a Federal Whistleblower

When you schedule a complimentary initial consultation at Oberheiden P.C., one of our experienced whistleblower lawyers will explain everything you need to know or what to submit about blowing the whistle as a private citizen, which is a completely different process than federal employees blowing the whistle. Your lawyer will also answer any questions you may have, and your lawyer will remain available to answer any additional questions you have afterward. Here is a brief overview of some of the main topics your lawyer will cover:

1. The Information You Need to Qualify as a Federal Whistleblower

To file a federal whistleblower complaint, you do not need conclusive proof of fraud, waste, an abuse of authority, or other wrongdoing. Instead, federal law requires that you have a “reasonable belief” that the information you have in your possession is indicative of a federal violation. With our experience representing federal whistleblowers, we can review individual’s information and determine whether it is sufficient to substantiate a whistleblower written complaint.

2. Where to File a Federal Whistleblower Complaint

Several federal agencies accept whistleblower complaints, and complaints filed under the False Claims Act must be filed in federal court. Reviewing the information you have in your possession will also allow us to determine where we will need to file your complaint if you decide to move forward. Along with the DOJ, our attorneys and consultants have worked at several other federal agencies as well.

3. How to File a Federal Whistleblower Complaint

Determining where you need to file your federal whistleblower complaint will also allow us to determine the steps that we need to take on your behalf. Different federal agencies have different whistleblower complaint procedures, and filing a complaint in federal court under the False Claims Act is a unique process unto its own.

4. Your Legal Rights as a Federal Whistleblower

If you qualify as a federal whistleblower, there are whistleblower protections in place. You are entitled to file your complaint confidentially (or “under seal”), which means that only our attorneys and the federal agency handling your complaint will know your identity for safety purposes. Some federal agencies allow whistleblowers to file complaints anonymously as well, though this is less common. As a federal whistleblower, you will also be entitled to anti-retaliation protections at work under the Whistleblower Protection Act, and you will be entitled to damages in the event that your employer retaliates against you illegally.

5. What to Expect As a Federal Whistleblower

Serving as a whistleblower takes time, effort, and commitment. Once you file your complaint, you will need to work with the federal government during its investigation and subsequent efforts to hold the wrongdoer accountable. While our lawyers will be reporting and communicate with the investigating agents and prosecuting attorneys on your behalf, you will still need to remain actively involved. But, in the end, your efforts will be well worth it.

Working with the Federal Whistleblower Lawyers at Oberheiden P.C.

If you are thinking about blowing the whistle on fraud, waste, an abuse of authority, or any other form of wrongdoing, it is important to ensure that you are relying on the advice of legal counsel experienced in whistleblower laws. Here is what you can expect when you work with the federal whistleblower lawyers at Oberheiden P.C. on your private citizen whistleblower complaint:

  • You Will Work Directly with Our Team of Senior Attorneys – As a client of Oberheiden P.C., you will work directly with our team of senior attorneys. While you will have one primary point of contact, our entire team of whistleblower attorneys—including our former federal prosecutors—will assist with your representation as needed. 
  • You Will Have DOJ Experience On Your Side – Since several of our lawyers used to oversee federal law enforcement investigations and enforcement actions at the DOJ, we are intimately familiar with the whistleblower process from the government’s perspective. We can use this familiarity to help shepherd your complaint through the process as efficiently and safety as possible. 
  • We Will Help You Make Informed Decisions – When you schedule an initial consultation as a potential whistleblower, we do not expect you to have made up your mind about blowing the whistle. During the initial stages of our representation, our role is to provide you with the information you need to feel confident in your next steps—whatever they may be. 
  • We Will Handle Your Whistleblower Complaint if You Decide to Move Forward – If you decide to blow the whistle, we will handle your complaint from start to finish. We will file your complaint with the appropriate federal authority, play an active role in the federal government’s investigation, protect your identity to the fullest extent possible under federal law, and assist with collecting your whistleblower award if you are eligible to receive one. 
  • We Will Represent You At No Out-of-Pocket Cost – We provide all of these services at no out-of-pocket cost. Your initial consultation is complimentary, and we will not bill you for any fees or costs while your complaint is pending. Our legal fees, if any, will be paid by the government through our contingency-fee arrangement with you. 

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Kevin McCarthy
Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo
Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson
Nicholas B. Johnson

Former Prosecutor

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

FAQs: Submitting a Whistleblower Complaint to the Federal Government

Will the Federal Government Protect My Identity if I Blow the Whistle?

Yes, when you file a federal whistleblower complaint, the federal government will protect your identity. The key is to ensure that you meet all of the requirements for securing federal whistleblower status—and these requirements vary depending on where you need to file your complaint. While federal agencies can be required to disclose whistleblowers’ identities in limited circumstances, this is extremely uncommon.

What Can (and Can’t) My Employer Do if It Finds Out I Blew the Whistle?

If your employer finds out that you blew the whistle, it will be prohibited from retaliating against you thanks to whistleblower protection laws. This means that it will be prohibited from firing you, demoting you, reassigning you, reducing your pay, or taking any other adverse employment action based on your decision to serve as a federal whistleblower.

This does not mean that your job will be completely protected. Your employer can still fire you or take other adverse action for reasons unrelated to your whistleblower complaint. However, these purported reasons cannot be mere pretexts for illegal retaliation.

Is There a Deadline to File a Whistleblower Complaint?

There is no deadline for filing a whistleblower complaint. However, if you are thinking about blowing the whistle, it is important that you speak with a lawyer promptly for information regarding the specific whistleblower program. If you decide to come forward, doing so as soon as possible will help with the government’s investigation and enforcement efforts—and it will help ensure that any ongoing fraud, waste, abuse of authority, or other wrongdoing is brought to an end as soon as possible.

When Does the Federal Government Compensate Whistleblowers?

Some federal whistleblower programs include whistleblower compensation provisions, and some do not. The statute under which you file your whistleblower complaint will determine your general eligibility for an award. The statutes that include compensation provisions set minimum recovery amounts as well, meaning that you will only be entitled to an award if your complaint leads to the recovery of taxpayer funds above the relevant statutory threshold.

What Are the Benefits of Working with a Whistleblower Lawyer?

Working with an experienced whistleblower lawyer has several benefits. An experienced whistleblower lawyer will be able to help you make informed decisions, help protect your identity for as long as possible, and communicate with federal agents and prosecutors on your behalf. Your lawyer will also be able to help you collect your whistleblower award if you are entitled to receive one. With our firm’s contingency-fee representation, you can work with our team of highly experienced federal whistleblower lawyers at no out-of-pocket cost.


Why Clients Trust Oberheiden P.C.

  • 2,000+ Cases Won
  • Available Nights & Weekends
  • Experienced Trial Attorneys
  • Former Department of Justice Trial Attorney
  • Former Federal Prosecutors, U.S. Attorney’s Office
  • Former Agents from FBI, OIG, DEA
  • Serving Clients Nationwide
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