Why You Shouldn’t Wait if You Are Thinking About Blowing the Whistle

Are You Thinking About Blowing the Whistle? Learn Why It Is Important to Speak with a Lawyer Promptly

If you are thinking about blowing the whistle, you have a very important decision ahead of you. Serving as a whistleblower is a commitment, and you will need to devote substantial time and effort to helping the government take action based on the information you have in your possession.

But, coming forward is also unquestionably the right thing to do. Federal agencies ranging from the U.S. Food and Drug Administration (FDA) to the U.S. Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ) rely on whistleblowers, whether they’re federal employees or private citizens, to help them uncover fraud, abuse of government contracts and programs, and other forms of wrongdoing. With this in mind, if you are thinking about blowing the whistle to a federal law enforcement agency, it is important that you speak with a lawyer—and it is important that you do so promptly.

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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)

7 Reasons to Speak with a Whistleblowing Lawyer Promptly if You Are Thinking About Coming Forward

Here are seven reasons why you should speak a whistleblowing lawyer promptly if you are thinking about reporting fraud, waste, abuse, or other wrongdoing to the federal government:

1. You Are Under No Obligation to Blow the Whistle

One reason why you should speak with a whistleblower lawyer promptly is that you have no reason not to. Scheduling an appointment with a lawyer does not commit you to moving forward.

When you contact a lawyer about how to blow the whistle, you are not expected to have already made up your mind. The purpose of an initial consultation is to provide you with a fact-finding opportunity so that you can make informed decisions about your next steps—whatever those next steps may be. An experienced whistleblower lawyer will not pressure you to move forward, but instead will focus on ensuring that you have all of the information you need to feel confident in your decision-making.

2. Talking to a Whistleblower Lawyer Costs Nothing

In this same vein, talking to a whistleblower lawyer costs nothing. Your initial consultation with a whistleblower lawyer is (or should be) completely free. Simply put, you shouldn’t have to pay to find out if you need a lawyer’s services.

Most whistleblower law firms (including ours) represent clients on a contingency-fee basis. This means that your legal fees, if any, will be paid by the government through your whistleblowing compensation award—if you receive one. In most cases, whistleblower lawyers’ fees are calculated as a percentage of their clients’ compensation awards. You will not pay anything out of pocket; and, if you do not receive a whistleblowing award, you will owe nothing. This should be made clear in your engagement agreement at the outset of your legal representation.

3. Your Lawyer Can Help You Make an Informed Decision About Whether to Come Forward or Wait

There are several factors involved in deciding whether to serve as a federal whistleblower. As a prospective whistleblower, it is important to know not only whether you can qualify for protection as a federal whistleblower, but also what you can expect during the process.

An experienced whistleblower lawyer will be able to explain everything you need to know. Your lawyer will assess your eligibility for protection under the relevant federal whistleblowing statute, and your lawyer will walk you step-by-step through the process. This will allow you to make an informed decision with a clear understanding of the implications of your decision.

4. Preparing Whistleblowing Complaint Will Take Time and Effort

If you decide to move forward with blowing the whistle, preparing your whistleblower complaint will take time and effort. So, the sooner your lawyer can get started, the better. As we discuss below, there are several benefits to filing a whistleblowing complaint promptly—so, while it is important that you make an informed decision, it is also important that you do not delay your decision any longer than necessary.

To be clear, qualifying as a federal whistleblower does not mean calling a hotline or submitting a tip through a federal agency’s website. Each federal whistleblowing statute and federal agency that accepts whistleblower complaints has its own unique set of substantive and procedural requirements.If you are a federal employee responsible for contract or grant oversight and have information regarding abuse of federal funds or contracts, federal law violations, fraud, or substantial and specific danger to public health, contact a whistleblower lawyer promptly to discuss your next steps.

5. You Must Be the First to Come Forward to Qualify

In most cases, to qualify for protection as a federal whistleblower, you must be the first to report a particular instance of fraud, waste, abuse, or other wrongdoing to the federal government. While there are exceptions under some federal whistleblower programs, it is generally best to avoid becoming reliant on these exceptions, if possible.

So, again, while it is important not to rush your decision, it is equally important that you take a diligent approach to deciding what to do with the information that you have. Once you make the decision to move forward (if you make the decision to move forward), you should communicate this to your lawyer promptly so that he or she can start preparing your complaint.

6. Coming Forward Promptly Will Help Minimize the Harm Resulting from the Wrongdoing

If you have information about fraud or other wrongdoing, coming forward promptly will help to minimize the harm to consumers, patients, investors, or U.S. taxpayers at large. Once you come forward, the government can work quickly if necessary to mitigate any ongoing risks; and, the sooner you file your complaint, the sooner the government can take any civil or criminal enforcement action that is warranted.

Additionally, if you need to report long-standing fraudulent or other wrongful practices, the statute of limitations for prosecuting past violations could potentially come into play. If the statute of limitations for prosecuting any violations expires, this will limit the government’s ability to hold the wrongdoer accountable.

7. Coming Forward Promptly Will Help Maximize the Government’s Chances of Enforcement and Recovery

Finally, regardless of any statute of limitations that may come into play, coming forward promptly will help maximize the government’s chances of enforcement and recovery. Delays in conducting investigations and initiating enforcement proceedings can lead to loss of evidence and other challenges in some cases. By coming forward as soon as you are prepared to do so, you can help give the government the best opportunity to establish full accountability.

While these are some of the main reasons why you shouldn’t wait if you are thinking about blowing the whistle, these are by no means the only reasons why you should consult with an attorney promptly. If you have any questions about serving as a federal whistleblower, we strongly encourage you to schedule a free and confidential consultation at Oberheiden P.C.

FAQs: Deciding When (and Whether) to File a Federal Whistleblowing Complaint