What to Do if You Think You Qualify as a Federal Whistleblower

Learn About the Steps You Should Take if You Are Thinking About Blowing the Whistle with the Federal Government

Whether you work in the private sector or you are a federal employee responsible for things like federal contract or grant oversight, federal contractors, subcontractors, grantees, personal services contractors, and other positions, coming forward with information about fraud, waste, abuse of authority or federal funds, substantial and specific danger to public health, or other wrongdoing is the right thing to do. Federal law enforcement authorities rely on whistleblowers to share what they know—as they often have no other way of discovering that civil or criminal enforcement action is warranted.

If you believe you may qualify as a federal whistleblower, there is a lot you need to know in order to make informed decisions about how best to move forward. We are here to help. Our whistleblower lawyers have extensive experience—including prior experience at the U.S. Department of Justice (DOJ), and they are available to explain everything you need to know about blowing the whistle with the federal government.

7 Steps to Take if You Are Thinking About Blowing the Whistle

Are you thinking about blowing the whistle? If so, here are seven steps you should take as you contemplate what to do with the information you have in your possession:

1. Protect the Information You Have in Your Possession

One of the first things you should do is protect the information you have in your possession. If you have electronic records, back them up offline. If you have hardcopy records, make copies and keep them in a safe place. It will be vital that you preserve the information in as original a form as possible to share with the government if you decide to move forward.

With that said, if you are aware of information that is stored on computers, servers, or documents at work, you must be very careful about copying or removing any files (electronic or hardcopy) from your employer’s premises. In this scenario, we strongly recommend that you speak with a lawyer as soon as possible to ensure that you are not putting yourself at risk.

2. Keep Your Information to Yourself

When you are thinking about serving as a federal whistleblower, it is important that you keep the information you have in your possession to yourself. At this point, you should not share it with anyone—not your family members, friends, coworkers, or the media.

There are several reasons why. Among them, you want to ensure that you preserve as much control over the information that you have as possible. Once you speak with a whistleblower lawyer, your lawyer will be able to help you make informed decisions about whether, when, and how to come forward.

3. Whistleblowing? Learn What to Expect if You Decide to Become One

Serving as a federal whistleblower involves much more than filing a complaint with the government accountability office or other law enforcement agency. In fact, filing a complaint is just the beginning of the process. With this in mind, it is important to know what you can expect, as federal whistleblowers will often need to devote substantial time and effort to assisting with the government’s investigation and ensuing law enforcement efforts.

Our page highlighting our whistleblower lawyers also includes links to several additional pages containing valuable information for prospective federal whistleblowers. We encourage you to review these pages as you contemplate blowing the whistle.

4. Learn About Where You May Need to File Your Whistleblower Complaint

While it is common to refer to filing a whistleblower complaint with “the government,” you must determine specifically where you need to file your complaint based on the information you have in your possession. Broadly, there are three main possibilities:

• Filing Your Complaint with a Specific Federal Agency as a Private Citizen – Several federal agencies accept whistleblower complaints from private citizens that involve allegations within their enforcement jurisdictions. These include the Internal Revenue Service (IRS) and U.S. Securities and Exchange Commission (SEC), among many others.  
• Filing Under the False Claims Act as a Private Citizen – In many cases, private citizens will need to file their whistleblower complaints under the False Claims Act. Qui tam complaints under the False Claims Act must be filed in federal district court. 
• Filing a Whistleblower Complaint as a Federal Employee – Federal employees are subject to unique rules and requirements under the Whistleblower Protection Act (WPA). As a federal employee, where you need to file your complaint depends on the nature of the information you have in your possession. 

5. Make an Informed Decision About the Law Firm You Contact

When you are thinking about blowing the whistle with the federal government, it is extremely important to have experienced legal representation. This means that you need to make an informed decision about the law firm you choose to contact. While many law firms offer their services to whistleblowers, some law firms have much more experience representing federal whistleblowers and are much better equipped to provide effective representation.

6. Schedule a Confidential Initial Consultation with a Federal Whistleblower Lawyer

Once you choose a law firm to contact, your next step is to schedule a confidential initial consultation. You should be able to speak with a senior lawyer directly (and not be paired with a junior associate whose primary focus is gathering, rather than providing, information). During your confidential initial consultation, you should have the opportunity to ask as many questions as you like, and you should leave feeling confident in knowing what to do next.

7. Make Informed Decisions While Acting as Quickly as Possible

While it is critical to make informed decisions as a prospective whistleblower, it is equally important that you act as quickly as possible. In most cases, to qualify as a federal whistleblower, you must be the first to come forward with the information you have in your possession. Acting quickly will also allow the government to take responsive action as soon as possible.

At Oberheiden P.C., we understand the challenges you face as you contemplate blowing the whistle. Again, we are here to help, and we are more than happy to provide the information and insights you need to make informed decisions about your next steps.

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)

FAQs: Protecting Yourself as a Prospective Federal Whistleblower