What Not to Do if You Think You Qualify as a Federal Whistleblower

Learn About Some Key Mistakes to Avoid if You Are Thinking About Serving as a Federal Whistleblower

If you are thinking about serving as a federal whistleblower, and you are either a private citizen or a federal employee responsible for federal contract and grant oversight, or contractors subcontractors, grantees, or personal services contractors, or you have knowledge of substantial and specific danger to public health, there are both steps you need to take and mistakes you need to avoid. Certain mistakes can render you ineligible for protection as a federal whistleblower, while others can put you in the position of not knowing what to expect or not being fully prepared for the next steps in the process.

This should not dissuade you from moving forward. Exposing fraud or wrongdoing is the right thing to do—and there are clear procedures for serving as a federal whistleblower. The key is to ensure that you are making informed decisions. This will allow you to move forward confidently, and it will allow you to avoid any mistakes that could lead to undesired consequences.

7 Mistakes to Avoid if You Are Thinking About Blowing the Whistle

So, what should you avoid doing if you are thinking about blowing the whistle? Here are seven mistakes to avoid from the whistleblower lawyers at Oberheiden P.C.:

1. Contacting Your Employer or the Media Before Contacting the Government

If have information that qualifies you as a federal whistleblower, you generally should not contact your employer before contacting the Government Accountability office, Department of Justice, or other law enforcement agency. You are not required to give your employer a “second chance,” and doing so could potentially put you in a difficult position. In this situation, you need to look out for yourself first and foremost.

You also should not contact the media. While reporting fraud or other wrongdoing to the media can entitle you to whistleblower protections in some circumstances, this is not always (or even often) the case. When you speak with a whistleblower lawyer, your lawyer will be able to explain the options you have available based on the information you have in your possession and all other pertinent circumstances.

2. Contacting the Government Without Ensuring that You Qualify as a Whistleblower

For most individuals, serving as a federal whistleblower will begin with contacting the federal government. However, it is important that you not simply visit the U.S. Department of Justice’s (DOJ) website and submit a tip online. There are additional steps that you must take to qualify as a whistleblower—and, before you do anything, you will want to confirm that you are able to qualify.

Along with the DOJ, several other federal agencies accept whistleblower complaints as well. If you need to report fraud, waste, or abuse (FWA) under the False Claims Act, you will need to file a qui tam complaint in federal court. Before you move forward, you will need to determine where you need to file your complaint; and then, based on this determination, you will need to evaluate whether you can meet the applicable requirements to serve as a federal whistleblower.

3. Submitting Your Whistleblower Complaint to the Wrong Federal Authority

Determining where you need to file your whistleblower complaint is key. If you submit your complaint to the wrong federal authority, you may not receive protection as a federal whistleblower. This is true whether you work for the federal government as a public servant or you are a private citizen employed by a partnership, limited liability company, or corporation.

Identifying the correct federal authority for submitting your whistleblower complaint requires consideration of your employment, the information you have in your possession, and various other factors. To ensure that you make the right decision about where to file, you will need to discuss your circumstances in detail with an experienced federal whistleblower lawyer.

4. Failing to Follow the Applicable Requirements for Submitting a Whistleblower Complaint

In addition to identifying the correct federal authority for submitting your whistleblowing complaint, you must also ensure that you file your complaint in accordance with the applicable requirements. Different agencies have different requirements, and qui tam complaints filed in court under the False Claims Act are subject to stringent requirements as well.

If you do not meet all of the requisite filing requirements, this can also prevent you from securing protected whistleblower status. At Oberheiden P.C., we are familiar with all of the relevant filing requirements, and we can use our experience to draft a fully compliant whistleblower complaint on your behalf.

5. Moving Forward Without Understanding What to Expect as a Federal Whistleblower

When you commit to serving as a federal whistleblower, the federal agents and prosecutors handling the government’s investigation will expect you to remain available throughout the process. This can require additional time and effort; and, in some cases, it can be stressful. Knowing what to expect and relying on an experienced whistleblower lawyer’s advice and representation can help you feel confident in your decision-making and help make the process as low-stress as possible.

6. Waiting Too Long to Submit Your Whistleblower Complaint

While it is important not to rush your decision regarding whether to file a federal whistleblower complaint, it is also important not to take any longer than necessary to reach your decision. If the government launches an investigation before you come forward, or if someone else comes forward before you do, you could lose your ability to qualify as a federal whistleblower. Coming forward promptly can also help to mitigate any taxpayer losses while helping to maximize the government’s chances of pursuing a successful enforcement action.

7. Trying to Blow the Whistle Without Experienced Legal Representation

Finally, as a prospective federal whistleblower, it is important not to try to manage your situation on your own. There are a lot of critical decisions that you need to make, and you need to ensure that you make them with full knowledge of all relevant implications.

Hiring a federal whistleblower lawyer at Oberheiden P.C. costs nothing out of pocket, and our lawyers can provide all of the information you need to make informed decisions while avoiding unnecessary mistakes. If you decide to move forward, our lawyers can work with the government on your behalf while keeping you informed and involved throughout 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)

FAQs: Doing the Right Thing When You Have Information About Fraud, Waste, or Abuse