DOJ Introduces New Pilot Program to Protect Whistleblowers from Legal Action.

Under the "Pilot Program on Voluntary Self-Disclosures for Individuals," prosecutors will be more open about the conditions under which they will use non-prosecution agreements (NPAs) to grant leniency to cooperating witnesses and other individuals who report possible criminal misconduct involving corporations.   

Whistleblowers do a lot of service to the Department of Justice (DOJ) and the public when they come forward with information that they reasonably believe to be proof of wrongdoing. Never should they face retaliation for what they do. Federal workers who report misconduct are shielded from retaliation by law.  

Furthermore, it is prohibited by the National Defense Authorization Act of 2013 (NDAA) for a worker employed by a Federal contractor, subcontractor, or grantee to face retaliation, demotion, or other forms of discrimination as a result of disclosing information that qualifies as a protected whistleblower. Furthermore, a measure impacting access to classified material cannot be implemented in retaliation for protected whistleblowing, according to the Presidential Policy Directive (PPD-19).  

Investigations into claims of retaliation against a DOJ whistleblower by workers of DOJ contractors, subcontractors, and grantees fall under the purview of the Department of Justice Office of the Inspector General (DOJ OIG).  

Covered Criminal Behavior 

The pilot program covers the reporting of specific criminal activity involving corporations, such as financial institution violations, such as fraud, money laundering, or fraudulent noncompliance with financial regulations; bribery and foreign corruption, including transgressions of the Foreign Corrupt Practices Act (FCPA) or the Foreign Extortion Prevention Act; illegal kickbacks or fraud in the healthcare industry; fraud in government contracting by businesses employing fifty or more people; and bribes or kickbacks to internal public officials.  

The new DOJ whistleblower standards may make it more likely for workers to report wrongdoing to federal authorities rather than to their own company first, and they may also make companies more liable. Employers should therefore make sure that their compliance policies are current and that they have whistleblower protections and investigation protocols in place that promote the swift identification of any possible misbehavior.  

What should I do if I think there has been retaliation? 

Workers of contractors, subcontractors, or grantees may file a complaint with the OIG under the NDAA. The OIG will look into the complaint unless it finds it to be baseless, doesn't include a claim of a breach of the prohibition against retaliation against whistleblowers, or has already been the subject of a previous investigation.  

The Department may be ordered to require the contractor, subcontractor, or grantee to take corrective action, such as reinstatement or back pay if the OIG determines that retaliation has taken place.  

Additionally, you have the option to report to the OIG if you believe that you have been the target of a personnel action or an action affecting access to classified information as retaliation for disclosing wrongdoing as an employee of the DOJ, a contractor, subcontractor, grantee, or DOJ whistleblower. There is no reason to believe that a non-disclosure agreement restricts your capacity to give the OIG information.