Deciding Where to File Or Submit Your Whistleblower Complaint

Determining Where You Need to File Your Complaint is One of the First Steps Toward Serving as a Federal Whistleblower

If you are considering serving as a federal whistleblower, there is a lot you need to know before you move forward. There are several federal whistleblower laws, and these laws are administered by several federal agencies and courts. As a result, one of the first steps toward serving as a federal whistleblower is determining where you need to file your complaint.

Making this determination requires a comprehensive understanding of the federal whistleblower laws and a critical assessment of the information you have in your possession. At Oberheiden P.C., we have extensive experience representing federal whistleblowers. Additionally, since many of our whistleblower lawyers used to investigate and prosecute complaints on behalf of the federal government, we are able to examine potential whistleblower complaints from the government’s point of view.

Filing a Whistleblower Complaint as a Private Citizen

Different whistleblower laws apply to private citizens and federal employees. As a private citizen, the information you have in your possession will play a major role in determining where you need to file your complaint if you decide to move forward.

Broadly, there are two options: (i) filing a whistleblower complaint with a federal agency; or, (ii) filing a whistleblower complaint in federal district court under the False Claims Act.

Federal Agencies that Accept Whistleblower Complaints from Private Citizens

As we mentioned above, several federal agencies accept whistleblower complaints. However, you cannot simply choose an agency to contact. Instead, you must determine the correct agency to contact based on the type of fraud, waste, abuse, or other wrongdoing you need to report.

With this in mind, some of the primary federal agencies that accept whistleblower complaints include:

• Commodity Futures Trading Commission (CFTC) – The CFTC accepts whistleblower complaints filed under the Dodd-Frank Act and other laws that regulate the commodities and futures markets in the United States. This includes (but is not limited to) complaints involving corporate fraud, market manipulation, and other federal violations, and they have a whistleblower hotline available.
• Department of Defense (DOD) – The DOD accepts whistleblower complaints alleging fraud, waste, and abuse under federal defense contracts. This includes violations committed by contractors, subcontractors, suppliers, and other entities and individuals. 
• Department of Health and Human Services Office of Inspector General (DHHS OIG) – The DHHS OIG accepts whistleblower complaints involving fraud under the Medicare and Medicaid programs. Medicare and Medicaid fraud cost taxpayers more than $100 billion per year, and in many cases they lead to negative patient outcomes. 
• Department of Justice (DOJ) – The DOJ accepts whistleblower complaints from employees of DOJ contractors and subcontractors, DOJ grant recipients, and federal program participants. This includes complaints alleging a wide range of statutory and regulatory violations resulting in taxpayer losses. 
• Food and Drug Administration (FDA) – The FDA accepts whistleblower complaints alleging violations of the Food, Drug, and Cosmetic Act (FDCA) and other federal laws governing the manufacturing, distribution, advertising, and sale of pharmaceutical drugs, medical devices, and other consumer products. This includes complaints against importers, manufacturers, processors, and all other companies in the chain of distribution. 
• Internal Revenue Service (IRS) – The IRS accepts whistleblower complaints alleging tax evasion, tax fraud, and other violations of the Internal Revenue Code. The IRS also accepts complaints filed under the Bank Secrecy Act, Foreign Account Tax Compliance Act (FATCA), and other tax-related federal statutes. 
• Securities and Exchange Commission (SEC) – The SEC accepts whistleblower complaints alleging violations of the Securities Exchange Act of 1934, Investment Company Act of 1940, Sarbanes-Oxley Act of 2002, Rule 10b-5, and other federal securities laws and regulations. This includes complaints alleging corporate accounting fraud, insider trading, and numerous other violations impacting investors in the United States. 

Again, these are just examples. If you have any information that you believe would be useful to the federal government, we encourage you to speak with one of our senior lawyers in confidence. From the Central Intelligence Agency (CIA) and National Security Administration (NSA) to the Environmental Protection Agency (EPA), and Occupational Safety, we handle whistleblower complaints involving other federal agencies as well. We can help you decide whether to come forward; and, if you choose to come forward, we can deal with the appropriate federal law enforcement agency on your behalf.

Qui Tam Lawsuits (Whistleblower Complaints) Under the False Claims Act

Many private citizens will need to file their whistleblower complaints under the False Claims Act. This is a broad federal statute that prohibits all forms of fraud, waste, and abuse affecting federal contracts, grants, and programs.

Filing a whistleblower complaint under the False Claims Act is a unique process. When filing under the False Claims Act, whistleblowers must file qui tam lawsuits in federal court. These lawsuits are filed “under seal,” meaning that only the court and the DOJ will have access to the information contained in the complaint—including the whistleblower’s identity.

In addition to extensive experience working directly with federal agencies, we also have extensive experience in qui tam lawsuits under the False Claims Act. If you need to file a qui tam lawsuit to expose fraud, waste, or abuse, our lawyers can file your complaint and manage all of the subsequent steps in the process on your behalf.

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)

Filing a Whistleblower Complaint as a Federal Employee

Federal employees must follow different processes and procedures when filing your complaint pursuant to the Whistleblower Protection Act (WPA). While the WPA provides protections similar to those afforded to whistleblowers in the private sector, there are additional limitations and requirements for blowing the whistle as an employee of a federal department, office, or agency. We have extensive knowledge and experience in this area as well, and we are able to represent federal employees who need to blow the whistle nationwide.

As a federal employee, determining where you need to file your whistleblower complaint is not necessarily a straightforward process. Depending on your individual circumstances, you may need to file your complaint with one of the following:

• U.S. Department of Justice (DOJ)
• U.S. Congress 
• Merit Systems Protection Board (MSPB)
• Office of Special Counsel (OSC)
• The Office of Inspector General (OIG) at a particular agency

Here, too, these are just examples. When you choose Oberheiden P.C. to represent you, our former DOJ prosecutors will thoroughly assess your situation to determine where you need to file your complaint. If you decide to move forward, we will file your complaint on your behalf, serve as the government’s primary point of contact, and help to facilitate an efficient investigation while protecting your identity to the fullest extent possible under federal law.

FAQs: Filing a Whistleblower Complaint with the Federal Government