Whistleblower Ineligible If
- Whistleblower not an individual
- Whistleblower eligible for an award through another U.S. government or statutory
- whistleblower program if they had reported the same scheme that they reported under DOJ’s program.
- Whistleblower an employee or family member of an employee or contractor of DOJ or other law enforcement agency.
- Whistleblower an elected or foreign government official
- Whistleblower meaningfully participated in the criminal activity they reported, including by directing, planning, initiating, or knowingly profiting from that criminal activity.
- Whistleblower knowingly makes false statements in their submission; withholds material information; includes writing or document that contains false information with intent to mislead or hinder DOJ or another authority; or obstructs investigation
- Whistleblower acquired the info from someone disqualified under other criteria, unless the violations involve that person.
- Whistleblower provided info before the August 1, 2024 effective date of the program.
Original Information Includes
- Information that is derived from the individual’s independent knowledge or independent analysis
- Information that is non-public and previously not known to the Department.
- Information that materially adds to the information the Department already possesses.
- Original information that an individual first reported through an entity’s internal whistleblower, legal, or compliance procedures for reporting allegations of possible violations of law where the entity later reported to the Department the individual’s information or the results of an investigation initiated in whole or in part in response to the individual’s information, provided the individual also reports their information to the Department within 120 days of reporting internally.
Information Generally Deemed Not Original
- Privileged communications
- Information obtained through legal representation of the defendant.
- Information obtained from a government report, hearing, audit, investigation or the news media (unless the individual was the source of the information).
- Information obtained by an individual because their job responsibilities as an officer, director, employee or outside contractor entailed certain compliance obligations on behalf of the company.
- Information obtained in violation of state or federal criminal law.
Exception: Certain of the foregoing restrictions may not apply if disclosure is
necessary to prevent the relevant individual or entity from engaging in criminal
conduct that is likely to harm national security, result in crimes of violence, result in
imminent harm to patients in connection with health care, or cause imminent
financial or physical harm to other